WRITTEN QUESTION E-2588/01 by Laura González Álvarez (GUE/NGL) to the Commission. Filling work at the Ría de Vigo (Galicia, Spain).
Date: 2001-09-25
Institutions: European Parliament, Provisional data
Subjects: Galicia, access to information, environmental impact, environmental protection, impact study, protected area, town and country planning

C 115 E/128

Official Journal of the European Communities

EN

16.5.2002

Does the Commission believe that in its European cancer prevention and education campaign, it should
endeavour to bring such useful aids as the code to wider public notice, thereby helping to disseminate its
10 recommendations that could save so many human lives?

Answer given by Mr Byrne on behalf of the Commission

(12 November 2001)

The Honourable Member supports the Commission’s longstanding efforts to prevent cancer through
information to the European citizen, known as the 10 commandments of the European Code against
Cancer. Over the years, since its first publication in 1988, the European Code against Cancer has been
widely promoted and disseminated by almost every Member State organisation involved in the fight
against cancer.

For the prevention of cancer the source of the code is less important. It is however important that the
preventive measures of the code are playing an active role in the life of European citizens. The European
Code against Cancer is an important element of the overall strategy of the Community’s action plans
against cancer. In the area of health promotion for the European citizen through public information, the
Community also supports two networks aiming at the reduction of smoking.

After a two year extension, in 2002, the third action plan to fight cancer will finally come to an end. Then
the Commission will report to Parliament and Council on the outcome of all actions supported under the
plan. It is envisaged that the 10 commandments of the European code will receive special attention
regarding their public perception as well as their impact.

(2002/C 115 E/131)

WRITTEN QUESTION E-2588/01

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

Subject: Filling work at the Ría de Vigo (Galicia, Spain)

(25 September 2001)

The citizens’ action group for the defence of the Rande narrows and the San Simón creek in the Ría de
Vigo has been protesting against the plan to fill in 300 000 m2 on the shore of the inlet with a view to
setting up a whole range of industrial facilities.

If it were to be implemented, this project would destroy the fauna, flora, and the abundant fish and
shellfish stocks and landscape resources, and consequently ruin the future prospect of genuine sustainable
development.

Does the Commission not consider that the following directives could be infringed:

; Directive 85/337/EEC on environmental impact assessment (1);

; Directive 79/409/EEC on the conservation of wild birds (2);

; Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (3);

; Directive 90/313/EEC on the freedom of access to information on the environment (4)?

Can the Commission ascertain that the above directives will be enforced correctly?

Can it confirm whether European funds have been granted for this project?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 103, 25.4.1979, p. 1.
(3) OJ L 206, 22.7.1992, p. 7.
(4) OJ L 158, 23.6.1990, p. 56.

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 ; 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.