WRITTEN QUESTION E-3712/00 by Paul Lannoye (Verts/ALE) to the Commission. Impact on Carrascosa de Henares of the road being built between GU-177 and Jadraque.
Date: 2000-11-30
Institutions: European Parliament, Provisional data
Subjects: Castile-La Mancha, degradation of the environment, environmental impact, environmental law, impact study, infringement of EU law, protected area, road building, water protection, watercourse

C 187 E/30

Official Journal of the European Communities

EN

3.7.2001

Would the Commission explain in what way the stunning equipment was not properly adjusted? What
steps is the Commission taking to urge the central competent authority of Thailand to remedy the
deficiencies in respect of stunning referred to in the Commission(cid:146)s report?

Answer given by Mr Byrne on behalf of the Commission

(28 February 2001)

Particular attention is paid to the stunning of poultry slaughtered for human consumption during the
missions carried out by the Food and Veterinary Office of the Commission. Such missions have been
carried out in all the Member States and a number of third countries. Deficiencies have quite often been
noted, which can be categorised as follows: deficiencies in supervision; deficiencies in construction of the
water stunner (too short, too wide, wrong direction of dueflow, etc.); deficiencies in adjustment (too low
amperage, no indicator for the amperage, only for voltage).

As the Honourable Member quite correctly states, those deficiencies were noted during the mission to
Thailand (6-17 December 1999).

The management of the different establishments have reacted immediately, sometimes overnight,
in
adjusting or even repairing the stunning equipment, or if that was not possible, by ordering new stunning
information was received on action taken during the period of the mission in
equipment. Moreover,
relation to training and advice to competent staff.

The competent authority of Thailand has informed the Commission, following the mission, that the
electrical parameters for stunning of the different species have now been defined officially and a more
detailed supervision during the time of operation of the establishment has been implemented. It is the
Commission(cid:146)s intention to check these assurances during a future follow up mission to Thailand.

(2001/C 187 E/031)

WRITTEN QUESTION E-3712/00

by Paul Lannoye (Verts/ALE) to the Commission

(30 November 2000)

Subject: Impact on Carrascosa de Henares of the road being built between GU-177 and Jadraque

The Castilla-La Mancha Government has given its technical approval to the scheme to upgrade the road
link between GU-177 and Jadraque in Guadalajara, which is already underway. ERDF funds are being used
for this scheme, whose environmental impact on the Carrascosa de Henares locality is proving consider-
able. The entirely new road under construction, has buried the only good quality springs left in the area,
feeding the River Henares aquifer, under a veritable mountain of earth. The destruction of these springs
directly affects the (cid:145)Ribera del rio Henares(cid:146) protected area, where the water flow is being severely reduced
thanks to the disappearance of these aquifers. This area was put forward as an area of Community interest
(ES424003) by the Castilla-La Mancha Government for inclusion in the Natura 2000 network. The
destruction of the springs is also causing the loss of flora of major ecological
interest, particularly
centuries-old Holm oaks in the midst of unirrigated farming land; this represents significant deforestation
and has grave implications both in terms of loss of habitat for local species and the destruction of the
natural beauty of the landscape.

There was a much cheaper and environmentally friendly alternative to the scheme, which was to upgrade
the existing flat, straight road, which had no obstacles in its path. Moreover, the road now being built was
not the subject of an environmental impact assessment in keeping with Directives 85/337/EEC (1) and
97/11/EEC (2), despite the fact that it falls squarely under the heading of the type of projects and the
criteria set out in the annexes to these Directives. Environmental impact assessment is also covered by
both Spanish state legislation on roads (Ley de Carreteras 25/1988, of 29 July), and the laws of the
Autonomous Community of Castilla-La Mancha (Ley de Carreteras y Caminos de Castilla-La Mancha,
No 9/1990 of 28 December).

3.7.2001

EN

Official Journal of the European Communities

C 187 E/31

Does the Commission not believe that the Spanish authorities have failed to comply with the Directives on
environmental impact associations, including the obligation to consult the public interest concerned and
take account of alternative proposals? What measure does the Commission intend to take to ensure that
Directives 85/337/EEC and 97/11/EEC are applies? Does the Commission intend to open infringement
proceedings against Spain for failure to comply with the Directives? Can the Commission confirm that this
project is being funded with European monies, and if so, will it withdraw European funding for this
project?

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

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

(8 March 2001)

Article 2 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain
public and private projects on the environment (1), provides that projects likely to have significant effects
on the environment by virtue, inter alia, of their nature, size or location, must be made subject to an
assessment with regard to their effects before consent is given.

This provision applies to the projects listed in Annexes I and II to the Directive. For projects covered by
Annex II, such as the road project under discussion in this Written Question, Article 4(2) of the Directive
provides that such projects must be made subject to this procedure where Member States consider that
their characteristics so require.

It should be pointed out that Directive 85/337/EEC was amended by Council Directive 97/11/EC of
3 March 1997 (2). However, under the terms of Article 3(2) of Directive 97/11/EC, if applications for
development consent were submitted before 14 March 1999, the provisions of Directive 85/337/EEC prior
to these amendments apply.

The site (cid:145)Ribera del r(cid:237)o Henares(cid:146) has been identified by the Spanish authorities in their national list of areas
of Community interest that could be included in the Natura 2000 network under Council Directive 92/43/
EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (3).

The Commission has contacted the Spanish authorities in order to ask them for their observations on the
application of Directive 85/337/EEC in this particular case and also to determine whether the project in
question is likely to have a significant effect on the site mentioned, with regard to the objectives of
Directive 92/43/EEC, in which case the procedure provided for in Article 6 must be applied.

According to the information received from the Spanish authorities, the CN-101 (formerly GU-117) road
improvement project received co-financing from the European Regional Development Fund (ERDF) under
the 1994-1999 Castilla-La Mancha operational programme. The
to
amounts
ESP 441 794 852, of which 65 % is supported by ERDF. At present,
is the subject of
a complaint to the Commission.

total
this project

investment

In any case, the Commission, as guardian of the Treaties, will take the necessary measures to ensure that
Community law is respected in the case in question and, in the event of non-compliance, it reserves the
right to demand the reimbursement of any co-financing from the national authorities.

(1) OJ L 175, 5.7.1995.
(2) OJ L 73, 14.3.1997.
(3) OJ L 206, 22.7.1992.