WRITTEN QUESTION E-2619/00 by Laura González Álvarez (GUE/NGL) to the Commission. Pollution in the Natural Park of Lagunas de Ruidera (Castilla La Mancha, Spain) caused by urban waste water.
Date: 2000-08-01
Institutions: European Parliament, Provisional data
Subjects: Castile-La Mancha, bathing water, nature reserve, pollution of waterways, waste disposal, wastewater, water protection, water treatment

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Official Journal of the European Communities

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8.5.2001

1.

2.

Is the Commission aware of the legal provisions governing the trapping of birds in France?

Is the Commission aware of the extent of the practice of trapping birds in France?

Does the Commission take the view that the law and/or the practice is contrary to the bird

3.
protection directive?

4. What steps does the Commission plan to take?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(29 September 2000)

The Commission is aware of the main legal provisions governing the trapping of birds in France insofar as
Member States are required by Article 18 of Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (1) to communicate the texts of national law which they adopt.

Furthermore, Article 9.3 of Council Directive 79/409/EEC requires that Member States report each year to
the Commission the derogations from the provisions of Articles 5, 6, 7 and 8. Bird trapping activities are
reported in this framework.

The Commission considers that the French legislation dealing with the protection of species of wild birds
covers all species of birds which require protection in accordance with Article 5 of Council Directive 79/
409/CEE and provides for all the prohibitions laid down in that Article, including the deliberate killing or
capture by any method. Concerning the practice of bird trapping, the Commission is currently investigat-
ing a number of complaint cases involving allegations of misuse of derogations under Article 9.

Where the Commission has evidence that bird trapping practices are not in conformity with the Directive,
it will normally open an infringement file in order to further assess any allegation within the framework of
Article 226 (ex Article 169) of the EC Treaty.

(1) OJ L 103, 25.4.1979.

(2001/C 136 E/061)

WRITTEN QUESTION E-2619/00

by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

(1 August 2000)

Subject: Pollution in the Natural Park of Lagunas de Ruidera (Castilla La Mancha, Spain) caused by urban

waste water

A recent visit to the Natural Park of Lagunas de Ruidera (Castilla La Mancha, Spain) showed that urban
waste water from the main housing areas in the municipal districts of Ruidera (Ciudad Real) and Ossa de
Montiel (Albacete) is being discharged virtually untreated into the surface water of the lagoon, causing
pollution which can be clearly identified from foul-smelling mud.

Local residents report that they have been calling for the construction of a sewer to collect waste water
from the towns and the large number of holiday homes scattered throughout the natural park and channel
it to a suitable treatment plant for more than 20 years.

This situation appears to be in breach of Council Directive 91/271/EEC (1) of 21 May 1991 on the
treatment of urban waste water.

Bearing in mind the ecological interest of the natural park itself and the fact that the area concerned is the
catchment area of the Guadiana river, and taking account of the harmful effects which pollution in this
area will have for the large number of users of water from this river all along its course, the situation may
also be in breach of Council Directive 92/43/EEC (2) of 21 May 1992 on the conservation of the natural

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habitats of wild fauna and flora, of Council Directive 98/83/EC (3) of 3 November 1998 on the quality of
water for human consumption and Council Directive 76/160/EEC (4) of 8 December 1975 on the quality
of bathing water.

What action will the Commission take to ensure compliance with these directives with regard to the
treatment of urban waste water in the Natural Park of Lagunas de Ruidera?

What steps can the Commission take to fulfil the demands made by local residents for the construction of
a sewer and a treatment plant of sufficient capacity to meet the conservation needs of the natural park and
ensure the quality of water in the catchment area of the Guadiana river?

(1) OJ L 135, 30.5.1991, p. 40.
(2) OJ L 206, 22.7.1992, p. 7.
(3) OJ L 330, 5.12.1998, p. 32.
(4) OJ L 31, 5.2.1976, p. 1.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(4 October 2000)

Under Council Directive 91/271/EEC of 21 May 1991 on urban waste-water treatment Member States
must ensure that all agglomerations of more than 2 000 p.e. (population equivalent, a unit of measurement
representing the average amount of organic pollution produced per person per day) are provided with
urban waste-water collecting and treatment systems by 31 December 1998, 31 December 2000 or
31 December 2005, depending on the size of the agglomeration and the sensitivity of the receiving
waters. When systems are designed, the size of the agglomeration to be taken into account must include
not only the load from the residential population but also the load from the seasonal population and the
industrial waste-water load fed into the urban system.

The Commission has information indicating that
the agglomerations mentioned by the Honourable
Member i.e. those situated in the communes of Ruidera (Ciudad Real) and Ossa de Montiel (Albacete) are
of less than 15 000 p.e. If they are of are more than 2 000 p.e. they have until 31 December 2005 to meet
the requirements concerning the collection and secondary (i.e. biological) treatment of their waste waters.
In due time the Commission will check the situation as regards compliance with the deadline for each
agglomeration concerned.

With regard to the quality of bathing water, the Commission(cid:146)s annual reports show that two bathing areas
in the Ciudad Real area have not conformed to the requirements of Directive 76/160/EEC for three years
and that in five bathing areas in the Albacete area the water quality varies considerably from year to year.
In 1998 the Court of Justice condemned Spain for the poor quality of its freshwater bathing areas (1). At
the beginning of this year proceedings were initiated under Article 228 (ex Article 171) of the EC Treaty.

With regard to the Directive on the quality of water intended for human consumption, we would point
out that Directive 80/778/EEC (2) still applies, as the deadline for compliance with new Directive 98/83/EC
is at the end of 2003. The Commission does not have any information suggesting that the provisions of
the Directive concerned might not have been complied with.

The Commission confirms that the Lagunas de Ruidera natural park has been proposed by Spain as a site
of Community importance for inclusion in the Natura 2000 network, under Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. On the basis of the
information supplied by the Honourable Member, it cannot say that the Directive has not been correctly
applied in this case.

Judgment of 12 February 1998 in case C-96/092.

(1)
(2) OJ L 229, 30.8.1980.