WRITTEN QUESTION E-2416/00 by María Sornosa Martínez (PSE) to the Commission. Need for a new directive on the assessment of the impact of certain public and private projects on historic, cultural and artistic heritage.
Date: 2000-07-18
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, architectural heritage, cultural policy, heritage protection, urban road

8.5.2001

EN

Official Journal of the European Communities

C 136 E/31

Does the Commission not take the view that this project may be in breach of both Directive 79/409/
EEC (1) on the conservation of wild birds and Directive 92/43/EEC (2) on habitats?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.

Joint answer
to Written Questions E-2411/00 and E-2412/00
given by Mrs Wallstr(cid:246)m on behalf of the Commission

(2 October 2000)

Bonelli(cid:146)s eagle is a species listed in Annex I of Council Directive 79/409/EEC, of 2 April 1979, on the
conservation of wild birds (1). Pursuant to Article 4.1 of this Directive, Member States are obliged to take
appropriate steps to ensure the protection of the species.

Two special protection areas (SPAs) are sited on the sides of the Sierra de Hez, where it is proposed to
install a wind farm. As regards the first SPA, called (cid:145)Peæas de Iregua, Leza y Jubera (cid:129) Code ES64(cid:146), at
present there is an abandoned territory of Bonelli(cid:146)s eagle, which means no adults breed or live there now.
Furthermore, the settlement of this eagle territory is at some distance (more than 10 kilometres) from the
proposed wind farm. The other SPA, called (cid:145)Peæas de Arnedillo, Peæa Isasa y Turruncœn (cid:129) Code ES65(cid:146), is
an eagle territory, where a breeding couple is present. As the proposed wind farm is located high and
faraway from this eagle territory, it is unlikely to affect it.

The eagle(cid:146)s range has been taken into account in deciding where to install the infrastructure for this wind
farm (e.g. installation of an electric power line).

In this region (La Rioja), the Commission supports a Life project (cid:129) LIFE 1999NAT/E/6419 recovery of the
Bonelli(cid:146)s eagle in La Rioja, Spain- under Council Regulation (EC) No 1404/96 (2), of 15 July 1996
amending Regulation (EEC) No 1973/92 establishing a financial instrument for the environment (LIFE).
The main objective of the Bonelli(cid:146)s eagle recovery project in this region of Spain is to promote the natural
recovery of the species in the Iberian range, and to consolidate the La Rioja population. This Life project
expended almost € 25 000 repairing and changing three electric power lines to avoid eagle collision and
electrocution.

(1) OJ L 103, 25.4.1979.
(2) OJ L 181, 20.7.1996.

(2001/C 136 E/034)

WRITTEN QUESTION E-2416/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(18 July 2000)

Subject: Need for a new directive on the assessment of the impact of certain public and private projects on

historic, cultural and artistic heritage

The district of Cabanyal-Canyamelar in the city of Valencia, which the autonomous government, the
Generalitat, has declared a site of cultural interest, is currently under threat from a project approved by the
city council to extend Blasco IbÆæez Avenue to the sea. Were the project to go ahead, its route would lead
to the demolition of 1 500 19th-century buildings in the historic centre hitherto afforded protection by the
Valencian Government owing to their (cid:145)unique characteristics and cultural relevance(cid:146). For instance, one of
the buildings earmarked for demolition, the Lonja de los Pescadores (fish market), the oldest of its kind in
Spain and one of the oldest in Europe, ranks amongst the most symbolic examples of European cultural
heritage.

Several local bodies, cultural associations and universities have condemned this attempted assault on the
district, which they have dubbed an (cid:145)open-air museum(cid:146); they maintain that the city council has allowed the

C 136 E/32

Official Journal of the European Communities

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8.5.2001

area to fall into disrepair in order to be able to press ahead with the plan to extend the avenue. In
addition,
local bodies have shown that the 9 billion pesetas set aside for compulsory purchases and
rehousing would be sufficient to renovate the entire district and thus afford it the official protection
established by the Generalitat.

The case of Cabanyal-Canyamelar is representative of the many urban planning schemes currently under
way in the EU which have an impact on its historic and cultural heritage and thus run counter to the
provisions of Article 151 of the EC Treaty.

In order to avoid and redress situations such as that set out above, in which a government or interest
group is able to take decisions affecting the cultural
treasures which our peoples share, does the
Commission not see the need for a draft directive to be submitted on the assessment of the impact of
certain public and private projects on the historic, cultural and artistic heritage of the peoples of the EU in
order to ensure compliance with the provisions of Article 151 of the EC Treaty, which would require that
all projects undergo a prior impact assessment evaluating any potential destruction to heritage?

(2001/C 136 E/035)

WRITTEN QUESTION E-2417/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(18 July 2000)

Subject: Need for Community legislation to ensure that the architectural and cultural heritage of the

peoples of the European Union is properly protected

The district of Cabanyal-Canyamelar in the city of Valencia, which the autonomous government, the
Generalitat, has declared a site of cultural interest, is currently under threat from a project approved by the
city council to extend Blasco IbÆæez Avenue to the sea. Were the project to go ahead, its route would lead
to the demolition of 1 500 19th-century buildings in the historic centre hitherto afforded protection by the
Valencian Government owing to their (cid:145)unique characteristics and cultural relevance(cid:146). For instance, one of
the buildings earmarked for demolition, the Lonja de los Pescadores (fish market), the oldest of its kind in
Spain and one of the oldest in Europe, ranks amongst the most symbolic examples of European cultural
heritage.

Several local bodies, cultural associations and universities have condemned this attempted assault on the
district, which they have dubbed an (cid:145)open-air museum(cid:146); they maintain that the city council has allowed the
area to fall into disrepair in order to be able to press ahead with the plan to extend the avenue. In
addition, local bodies have shown that the ESP 9 billion set aside for compulsory purchases and rehousing
would be sufficient to renovate the entire district and thus afford it the official protection established by
the Generalitat.

The case of Cabanyal-Canyamelar is representative of the many urban planning schemes currently under
way in the EU which have an impact on its historic and cultural heritage and thus run counter to the
provisions of Article 151 of the EC Treaty.

Furthermore, on the basis of the provisions contained in Commission Recommendation 75/65/EEC (1),
which urged Member States to protect architectural and cultural heritage, and in view of cases such as that
set out above, does the Commission not see the need to establish appropriate Community legislation to
protect the cultural, historic and artistic heritage of the EU and its peoples? Does it not believe that the
existing procedures, including recommendations, are a woefully inadequate means of ensuring compliance
with Article 151 of the EC Treaty? Is it prepared to draw up one or more proposals for a directive to make
the basic principles of Recommendation 75/65/EEC binding?

(1) OJ L 21, 28.1.1975, p. 22.