WRITTEN QUESTION E-3711/00 by Carles-Alfred Gasòliba i Böhm (ELDR) to the Commission. The road between Cabanes and Oropesa (Castellón province).
Date: 2000-11-30
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, countryside conservation, environmental impact, environmental law, impact study, protection of animal life, road building

13.11.2001

EN

Official Journal of the European Communities

C 318 E/5

Does the Commission believe that it should help to fill the legal vacuum mentioned above with a view to
establishing freedom of association for Europe-wide political groupings and proposing organisational
arrangements for bodies bringing together citizens who wish to share in pro-European activities, modelled
on other forms of organisation laid down in the Community, for example the European Economic Interest
Grouping?

Answer given by Mr Liikanen on behalf of the Commission

(28 May 2001)

The Commission has submitted a draft Regulation on a Statute for a European association (1) to the
Council for adoption, in order to facilitate co-operation between individuals or organisations that wish to
operate at European level through a non-profit body in order to accomplish their objectives.

The draft was proposed in 1992, together with texts for a European co-operative and a European mutual
society, amended in 1993 (2) following the opinions of the Parliament and the Economic and social
committee, but so far has not been adopted by the Council. These texts contain provisions on workers(cid:146)
participation similar to those proposed in the statute for a European company. The latter text has been
unblocked at the European Council in Nice. The Commission expects that the work in the Council will
now proceed swiftly in order to allow an adoption of all four statutes in the near future.

The statute on a European association is designed among others to allow the pursuance of initiatives as
referred to in the question. In the preamble it states that such a European association (cid:145)exemplifies a People(cid:146)s
Europe in helping and encouraging individuals to play an active role in the life of the Community(cid:146). If such
groupings were to take the form of a political party according to the legal framework of the Member State
of registration, they would also be required to fulfil the specific legal requirements of the Member State in
question.

Furthermore, the Commission adopted a proposal on European political parties on 13 February 2001 that
is currently under discussion in Council and Parliament. This proposal (3) would create a legal basis for the
recognition and financing of European political parties.

(1) OJ C 99, 21.4.1992.
(2) Amended proposal OJ C 236, 31.8.1993.
(3) COM(2000) 898.

(2001/C 318 E/006)

WRITTEN QUESTION E-3711/00

by Carles-Alfred Gas(cid:242)liba i B(cid:246)hm (ELDR) to the Commission

Subject: The road between Cabanes and Oropesa (Castell(cid:243)n province)

(30 November 2000)

In the province of Castell(cid:243)n in Spain, there is a scheme to build a road linking Cabanes and Oropesa. The
job has already been awarded to the Necso-Rover Alcisa company.

impact study of

No environmental
the effects on the Desierto de las Palmas natural park and its
surroundings has been carried out in connection with this road scheme, although the area is home to
numerous unique local species, constituting a highly habitat-sensitive fauna, both in the L(cid:146)Ullal de Miravet
cave and the other caves of the area; these species could suffer extinction as a result of any alteration to
their habitat.

The southern section of
environmental importance equal to or greater than the Desierto de las Palmas natural park itself.

the aforesaid road scheme would also affect areas of natural beauty and

Since the requisite environmental impact study for each of the preliminary proposals for the north, central
and southern sections of the road has never been carried out, what does the Commission intend to do to
make sure that environmental legislation is complied with?

C 318 E/6

Official Journal of the European Communities

EN

13.11.2001

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

(26 January 2001)

First of all, it should be pointed out that, in the context of a complaint filed against the scheme to build
a road linking Cabanes and Oropesa in the province of Castell(cid:243)n, the Commission is in the process of
examining the environmental impact of the project, which is the subject of the Honourable Member(cid:146)s
question.

It should be noted that 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) stipulates that projects likely to
have significant effects on the environment by virtue inter alia, of their nature, size or location shall be
made subject to an assessment with regard to their effects before consent is given.

This provision applies to projects listed in Annexes 1 and 2 of the Directive. For projects covered by
Annex 2, such as the road scheme referred to above, Article 4(2) of the Directive states that such projects
shall be made subject to an assessment where Member States consider that their characteristics so require.

Directive 85/337/EEC was amended by Council Directive 97/11/EC of 3 March 1997 (2). However,
Article 3(2) of Directive 97/11/EC states that
for development consent is submitted to
a competent authority before 14 March 1999, the provisions of Directive 85/337/EEC prior to these
amendments shall continue to apply.

if a request

The proposed road would be built nearby the Desierto de las Palmas natural park, which is listed by the
Spanish authorities as a site of Community interest which may in the future become part of 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 (3).

When investigating this complaint, the Commission requested the Spanish authorities to submit their
opinion on the project in question. Their reply has just been received.

The case is being examined to ascertain whether Directive 85/337/EEC has been applied and to determine
whether the case in question may have a significant effect on the above-mentioned site in terms of the
objectives set out in Directive 92/43/EEC, in which case the procedure laid down in Article 6 of that
Directive should be applied.

In its role of guardian of the treaties, the Commission will take the necessary measures to ensure that
Community law is respected.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.
(3) OJ L 206, 22.7.1992.

(2001/C 318 E/007)

WRITTEN QUESTION E-3720/00

by Bart Staes (Verts/ALE) to the Commission

(30 November 2000)

Subject: Trade in cigarettes

The Commission(cid:146)s legal dispute with two American tobacco manufacturers has focused interest once more
on the import and export of cigarettes. There is a degree of uncertainty about the extent of the cigarette
trade (including smuggling).

I should therefore be glad if the Commission could answer these questions:

1. How many cigarettes were confiscated in the various EU Member States in 1997, 1998 and 1999?

2. Which were the five most confiscated makes of cigarettes in the EU, in order of importance, in 1997,

1998 and 1999?