WRITTEN QUESTION E-3281/00 by María Sornosa Martínez (PSE) to the Commission. Development project in the protected area of the Peñíscola marshes (Castellón, Spain).
Date: 2000-10-25
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, countryside conservation, environmental impact, humid zone, infringement of EU law, protected species, urbanisation

6.6.2001

EN

Official Journal of the European Communities

C 163 E/75

Similarly, the results of visits to Korea by Commission experts were inconclusive. One of the two shipyards
refused to cooperate with the Commission under the pretext of confidentiality. The Commission considers
that the commitment to transparency made by the Koreans (and the shipyards) was not fully respected and
strongly expressed its dissatisfaction to the Korean Government at the second consultation meeting.

A Commission delegation visited Korea on 19 and 20 October 2000 to examine a final Korean proposal
for a compromise. Unfortunately the discussions did not yield a tangible result acceptable to the
Commission.

Against this background, on 24 October 2000 the European industry (Committee of European Union
Shipbuilders Associations) lodged a complaint under the trade barrier regulation (1). The Commission is
examining the complaint and if necessary will open an inquiry, which could lead either to new
negotiations for a satisfactory solution to the bilateral dispute or to the initiation of proceedings before
the World Trade Organisation with a view to sanctioning and halting Korea(cid:146)s practices.

The two reports sent by the Commission to the Council (2) show clearly that Korea is engaging in unfair
trade practices. The next monitoring report to be submitted to the Industry Council in preparation for its
meeting on 5 December 2000 will take stock of the situation.

The Commission is discussing public aid for shipbuilding, as the current mechanism expires on
31 December 2000. In any event Regulation (EC) No 1540/98 (3) provides that other forms of support
for the industry (aid for innovation, research and development aid, regional aid for modernisation and
restructuring aid) remain available to help the Community industry adapt to international competition.

(1) Council Regulation (EC) No 3286/94 of 22.12.1994 laying down Community procedures in the field of the
common commercial policy in order to ensure the exercise of the Community(cid:146)s rights under international trade
rules, in particular those established under the auspices of the World Trade Organization (OJ L 349, 31.12.1994).

(2) COM(1999) 474 final, COM(2000) 263 final.
(3) Council Regulation (CE) No 1540/98 of 29.6.1998 establishing new rules on aids to shipbuilding (OJ L 202,

18.7.1998).

(2001/C 163 E/079)

WRITTEN QUESTION E-3281/00

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

(25 October 2000)

Subject: Development project in the protected area of the Peæ(cid:237)scola marshes (Castell(cid:243)n, Spain)

The Spanish Supreme Court recently gave the go-ahead for development work on 50 000 square metres of
the Peæ(cid:237)scola marshes, one of the most important wetlands in the Autonomous Community of Valencia,
which are at last set to be included by the autonomous government (Generalitat) in the catalogue of
wetlands afforded protection by the Natura 2000 network and the LIFE-Nature funds, although the area
covered is far smaller than that originally proposed. The project developer, the Levinsa company,
is
seeking to use some of the marsh area to construct a complex of buildings, some 7 storeys high, which
will undoubtedly harm this protected environment and severely endanger the survival of species living
therein, such as the Valencia hispanica.

Furthermore, it is worth pointing out that the area proposed for protection as currently set out in the
Generalitat(cid:146)s catalogue of wetlands does not cover areas of drained land which at present house sports and
camping facilities. Environmental organisations such as the Association for the Protection of Nature in the
Levante Region and Ecologists in Action, both of which have petitioned the Commission in the past,
believe that speculative interests might lie behind the exclusion of the drained land from the protected
area.

C 163 E/76

Official Journal of the European Communities

EN

6.6.2001

Given that:

(cid:129) the aforementioned Valencia hispanica, or Samaruc, a protected species listed in Annex II of Directive

92/43/EEC (1), is now to be found only in the Albufera de Valencia and Prat de Peæ(cid:237)scola;

(cid:129) in its reply to Written Question E-0447/00 of 7 April 2000 (2) the Commission pledged to see to it
that the provisions of Annex II of Directive 85/337/EEC (3) on environmental impact assessments were
properly implemented in relation to the planned work in the Peæ(cid:237)scola marshes.

In view of these facts, does the Commission not believe that infringement proceedings ought to be brought
against Spain for violating the Directive on habitats where the protection of the wetlands environment and
conservation of the Valencia hispanica species are concerned?

Does it know whether the Spanish authorities have as yet taken steps to implement properly the Directive
on environmental impact assessments in the case of the work planned by Levinsa in the marsh area?

(1) OJ L 206, 22.7.1992, p. 7.
(2) OJ C 26 E, 26.1.2001, p. 44.
(3) OJ L 175, 5.7.1985, p. 40.

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

(14 December 2000)

The Commission has introduced an infringement procedure against Spain under Article 226 (ex Article
169) of the EC Treaty with regard to several projects affecting the (cid:145)Marjal de Peæ(cid:237)scola(cid:146) nature area in
Castell(cid:243)n province.

It should be pointed out that the Spanish authorities have not yet officially communicated to the
Commission the inclusion of the Marjal de Peæ(cid:237)scola site in the list of sites to be incorporated in the
Natura 2000 network provided for in Article 4 of Council Directive 92/43/EEC (1) of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora.

In the framework of the taking of evidence in this infringement procedure, the Commission considers that
the Spanish authorities have not taken the requisite measures to establish a system of strict protection for
the Valencia hispanica species, a priority species listed in Annex IV to Directive 92/43/EEC, as required by
Article 12(1)d) of the Directive. The threats to the habitats of this species stem from beach development
schemes and a road project. The Commission has just received the Spanish authorities(cid:146) reply and is now
examining it.

It has to be said, however, that the Commission is not aware of the new urbanisation project mentioned
by the Honourable Member. It has accordingly asked the Spanish authorities for information on that
project and its impact on the Marjal de Peæ(cid:237)scola area.

(1) OJ L 206, 22.7.1992.

(2001/C 163 E/080)

WRITTEN QUESTION E-3282/00

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Council

Subject: Structural aid for Objective 1 regions from 2006

(25 October 2000)

In the current programming period Objective 1 regions are those whose per capita GDP (cid:129) measured in
standard purchasing power and calculated on the basis of Community data for the three most recent years
available on 26 March 1999 (cid:129) is less than 75 % of the average in the 15 Member States which currently
make up the EU.