WRITTEN QUESTION E-1165/01 by Alexander de Roo (Verts/ALE), Gorka Knörr Borràs (Verts/ALE), Carlos Bautista Ojeda (Verts/ALE), María Sornosa Martínez (PSE) and Laura González Álvarez (GUE/NGL) to the Commission. Secrecy in connection with 83 scientific reports on the Spanish Hydrological Plan.
Date: 2001-04-19
Institutions: European Parliament, Provisional data
Subjects: Spain, dissemination of information, report, scientific report, water management

C 340 E/184

Official Journal of the European Communities

EN

4.12.2001

(2001/C 340 E/212)

WRITTEN QUESTION E-1165/01

by Alexander de Roo (Verts/ALE), Gorka Kn(cid:246)rr Borr(cid:224)s (Verts/ALE),
Carlos Bautista Ojeda (Verts/ALE), Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE)
and Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

(19 April 2001)

Subject: Secrecy in connection with 83 scientific reports on the Spanish Hydrological Plan

In October 2000 the Spanish Government asked about 130 scientists to draw up scientific reports on
different aspects of the proposed (cid:145)Plan Hydrol(cid:243)gico Nacional(cid:146). The deadline was the end of November
2000. Eighty-three of them have produced one. Most of them are critical of the Plan. Now, the Spanish
Government refuses to make these 83 studies public. The Spanish Government does not even allow the
authors to publish them and therefore argues against one of the scientists who has put his report on the
Internet.

Is this behaviour of the Spanish Government in conformity with the EU Law on access to environmental
information?

Does the European Commission have access to these 83 studies?

Will the European Commission ask the Spanish Government to make these studies public?

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

(26 June 2001)

Article 3 of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the
environment (1) stipulates that public authorities are required to make available information relating to the
environment to any natural or legal person at his request and without his having to prove an interest.

Paragraph 4 of that Article specifies that the public authority must respond to a person requesting
information as soon as possible and at the latest within two months. The reasons for a refusal to provide
the information requested must be given and must be based on one of the exceptions laid down in
Article 3(2) and (3).

for
Article 4 of Directive 90/313/EEC also provides that a person who considers that his request
information has been unreasonably refused or ignored, or has been inadequately answered by a public
authority, may seek a judicial or administrative review of the decision in accordance with the relevant
national legal system.

Directive 90/313/EEC was transposed into Spanish law by Law No 38 of 13 December 1995, as amended
by Law No 55 of 29 December 1999 introducing national review procedures.

With only the information supplied in the Written Question to go on, the Commission is unable to
establish whether the Spanish authorities have received a request for access to information on which they
might have failed to act appropriately, possibly in violation of the provisions of the Directive.

Should a request for access have been refused, in violation of the provisions of the Directive, by the
authority to which it was made, it would be for the person who made the request to seek a review as
provided for in Article 4 of the Directive and by the transposing Spanish legislation.

The Commission does not have access to the 83 studies referred to in the question.

No provision of Community law empowers the Commission to ask the Spanish Government to make the
studies public.

(1) OJ L 158, 23.6.1990.