WRITTEN QUESTION E-3669/01 by María Sornosa Martínez (PSE) to the Commission. New environmental threat to the protected marshland area of Pego-Oliva (Spain).
Date: 2002-01-15
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, degradation of the environment, environmental protection, protected area, stagnant water

C 172 E/108

Official Journal of the European Communities

EN

18.7.2002

Answer given by Mrs Wallström on behalf of the Commission

(7 March 2002)

As the Honourable Member was informed in the answer to his written questions E-0819/00 (1) and
E-2650/00 (2), P-4071/00 (3) and P-1231/01 (4), the Commission has received a complaint regarding the
Júcar-Vinalopó diversion project indicating that Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain private and public projects on the environment (5), Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds (6), and Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of wild flora and fauna (7) may not have been
properly applied.

The Commission has indeed received the report from the Ornithological Society referred to by the
Honourable Member. In the light of the latest information from the complainant and the Honourable
Member, the Commission again contacted the Spanish authorities.

The Spanish authorities have sent the Commission their comments on this case. The project in question
was subjected to an environmental impact assessment. The procedure concluded with the environmental
impact statement which was adopted by Decision of 21 December 2000 of the Secretariat-General for the
Environment of the Ministry of the Environment. The environmental impact statement was published in
Spanish Official Gazette No 14 of 16 January 2001.

The Spanish authorities point out that the project was slightly modified in the light of the comments
received during the public consultation period so as to avoid any environmental impact. They have studied
three alternatives and have selected the one considered to be least harmful to the environment. It emerges
that the project will not affect any site proposed for integration of the Natura 2000 network. It will have
only a minor impact on a small area in the extreme north of an area of Community importance for birds
(IBA No 158). Corrective measures to minimise this impact are however planned. It should be noted that
the project will not have any impact on the Albufera Nature Reserve.

After examination of the case, the Commission has concluded that there has not been any infringement of
Community law. The conclusions have been forwarded to the complainant.

(1) OJ C 53 E, 20.2.2001.
(2) OJ C 136 E, 8.5.2001.
(3) OJ C 187 E, 3.7.2001.
(4) OJ C 318 E, 13.11.2001.
(5) OJ L 175, 5.7.1985.
(6) OJ L 103, 25.4.1979.
(7) OJ L 206, 22.7.1992.

(2002/C 172 E/112)

WRITTEN QUESTION E-3669/01

by María Sornosa Martínez (PSE) to the Commission

(15 January 2002)

Subject: New environmental threat to the protected marshland area of Pego-Oliva (Spain)

The Pego-Oliva marshes are one of the most important wetlands in Spain and are considered a protected
area both by the authorities of the autonomous community and under European law (an SPA and in
to serious problems of environmental
receipt of LIFE funding), but
deterioration. These problems have already been highlighted in Written Questions E-1526/99 (1),
E-0349/99 (2), E-3006/98 (3), E-3831/97 (4), E-2834/97 (5), E-1387/96 (6) and E-2897/01 (7) and have led
to the Commission approaching the Spanish authorities to investigate the situation. No news has been
provided of the most recent details of the investigation, nor of the Commission’s final decision.

they continue to be subject

The deterioration of this nature reserve, however, continues apace. In particular, the inhabitants of Revolta
in the municipal area of Oliva have recently complained about an illegal drying kiln for oranges which is
contaminating the waters of the Pego-Oliva nature park. According to local inhabitants, the liquid from the
orange putrefaction process is spilling directly into the water table. As a result, as can be seen from a visit

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Official Journal of the European Communities

C 172 E/109

to the affected area, dead animals are to be found in the vicinity of the drying kiln. Although the drying
kiln does not have a municipal licence and its owner has previously been convicted of environmental
offences, the spillage is continuing to pose a serious threat to the protected habitats and species in the
park.

The drying kiln in Revolta is one more threat to the park’s environment, which is already subject to severe
pressures. One half of the bird species nesting in the park have disappeared, while numerous other species,
including fish, are under threat from intensive farming, including the dumping of pesticides.

What steps will the Commission take vis-à-vis the Spanish authorities to end the threats to the Pego-Oliva
marshland and ensure adequate protection of this nature zone?

(1) OJ C 27 E, 29.1.2000, p. 109.
(2) OJ C 341, 29.11.1999, p. 97.
(3) OJ C 142, 21.5.1999, p. 68.
(4) OJ C 187, 16.6.1998, p. 64.
(5) OJ C 134, 30.4.1998, p. 23.
(6) OJ C 356, 25.11.1996, p. 33.
(7) OJ C 134 E, 6.6.2002.

Answer given by Mrs Wallström on behalf of the Commission

(4 March 2002)

The Commission would refer the Honourable Member to its answer to written question E-2897/01 (1) on
the action it has taken to prevent the deterioration of the Pego-Oliva marshes in Spain.

The Commission would point out that it has examined the problem of the deterioration of these marshes
several times. During the investigation, questions were put to the Spanish authorities to check whether
Community law was being correctly applied. The replies were carefully examined and there was no reason
to conclude that the implementing legislation had been infringed.

The new information provided by the Honourable Member in her written question does not show that the
activities concerned will have a significant negative effect on this protected area. Therefore, in the absence
of more detailed information indicating that the Spanish authorities have failed to fulfil their obligations
under Community law, the Commission is unable to intervene again in this case.

(1) OJ C 134 E, 6.6.2002.

(2002/C 172 E/113)

WRITTEN QUESTION E-3672/01

by Daniela Raschhofer (NI) to the Commission

(17 January 2002)

Subject: Development of administrative structures in the Czech Republic

In its 2001 report on the Czech Republic’s progress towards accession the Commission considered that the
necessary structures and administrative capacity for utilising the structural funds needed to be set up and
developed. It was of decisive importance that the capacity of the administrative bodies be improved, in
order to enable the Czech Republic to manage Structural Fund aid without difficulty. The Commission also
ascertained that corruption is causing serious concern, especially in State administration.

The Frankfurter Allgemeine newspaper was even more negative about the development of administrative
capacity for the receipt of funding from the Structural Funds and the Cohesion Fund in its report No 287
of December 2001, in which it stated that a start had not even been made.