WRITTEN QUESTION E-2589/01 by Laura González Álvarez (GUE/NGL) to the Commission. Environmental assault on the Los Tilos nature reserve (Gran Canaria, Spain).
Date: 2001-09-25
Institutions: European Parliament, Provisional data
Subjects: Canary Islands, application of EU law, environmental impact, impact study, protected area, water management

16.5.2002

EN

Official Journal of the European Communities

C 115 E/129

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2001)

The Commission was not aware of the situation described by the Honourable Member.

However, it has verified that the area concerned (‘Enseada de San Simón (cid:31) ES1140016’) has been listed by
the Spanish authorities as a Site of Community Importance (SCI) 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.

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

Under Article 4(2) of the Directive, projects of the classes listed in Annex II, such as the industrial estate
development project which is the subject of the written question, shall be made subject to an assessment
where Member States consider that their characteristics so require. (See point 10(a) of Annex II).

Article 3(1) of Council Directive 90/313/EEC, of 7 June 1990, on freedom of access to information on the
environment, stipulates that ‘Member States shall ensure 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’. Under Article 3(4) a public authority must respond to a person requesting
information as soon as possible and at the latest within two months. A refusal to communicate the
information requested must be justified for one of the reasons set out in Article 3(2) and (3).

On the basis of the information provided by the Honourable Member alone, the Commission is not in a
position to ascertain whether the Spanish authorities have incorrectly applied the said provisions of
Directive 90/313/EEC. If an authority were to refuse a request for access, contravening the provisions of
the Directive, it would be for the requester to take action as provided for in Article 4 thereof and in the
Spanish transposing legislation.

In any event, the Commission has asked the Spanish authorities for their comments on the situation
reported by the Honourable Member, in order to ensure that Community law is observed in the case in
question. It has also asked them whether the project has received Community funding.

(1) As amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.

(2002/C 115 E/132)

WRITTEN QUESTION E-2589/01

by Laura González Álvarez (GUE/NGL) to the Commission

(25 September 2001)

Subject: Environmental assault on the Los Tilos nature reserve (Gran Canaria, Spain)

The Los Tilos nature reserve was established by Law 12/1994 on Canarian open spaces. The fauna and
flora consist of a laurel forest and indigenous plants and animals (more than fifty plants and a large
number of invertebrates), some of which are endangered species.

In recent years, and using European funds, the water which irrigated the forest has been piped to enable it
to be exploited intensively. At times private parties have appropriated public water resources.

In general, projects partly financed by the EU have to conform to Community environmental legislation.

C 115 E/130

Official Journal of the European Communities

EN

16.5.2002

This case raises the following questions:

(cid:31) Has Directive 85/337/EEC (1) on environmental impact assessment been duly observed?

(cid:31) Have the proper authorities been acting in accordance with Community nature conservation

commitments and especially with the Water Framework Directive?

(cid:31) Has Directive 92/43/EC (2), which classes the nature reserve as a priority habitat, been implemented

correctly?

What steps can the Commission take to ensure, in the case referred to in this question, that Community
law is enforced and Community funds are used to promote conservation of Los Tilos?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(6 November 2001)

The site ‘Los Tilos de Moya, ES7010005’, of an area of 83 hectares has been formally proposed by Spain
as a Site of Community Importance (SCI) for the Natura 2000 Network, according to Council Directive
92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora (hereafter
the Habitats Directive).

The site hosts representations of the following habitats of Community interest: Fields of lava and natural
excavations (8320); Macaronesian laurel forest (9363) and Endemic macaronesian heaths.

Member States are advised to ensure that sites on their national list of proposed SCIs are not allowed to
deteriorate before the Community list of SCIs is adopted.

Article 6,3 of the Habitats Directive states that:
‘Any plan or project not directly connected with or
necessary to the management of the site but likely to have a significant effect thereon, either individually
or in combination with other plans or project, shall be subject
its
implications for the site in view of the site’s conservation objectives’.

to appropriate assessment of

The Commission has no information related to this project, that is why a letter will be sent to the Spanish
Government requesting further information in relation to the project of canalisation within the site
ES7010005.

(2002/C 115 E/133)

WRITTEN QUESTION P-2592/01

by Mario Borghezio (TDI) to the Commission

(18 September 2001)

Subject: European checks on irregular visas and residence permits issued by Italy

In Italy, investigations are currently underway, instigated by various legal bodies, which have uncovered
extensive trafficking in visas and residence permits irregularly issued by Italian diplomatic and consular
offices in several countries.
In view of the fact that the investigations have found evidence of the
involvement not only of Italian and foreign Mafia racketeers in the trafficking, but also of some Islamic
terrorist networks: what urgent concrete steps are planned, at the European level, to put in place an
effective system of checks to prevent immigrants who have entered the Schengen area on the basis of
irregular documents from moving around the EU and remaining here?