WRITTEN QUESTION E-3668/01 by María Sornosa Martínez (PSE) to the Commission. New data concerning the Júcar-Vinalopó case.
Date: 2002-01-15
Institutions: European Parliament, Provisional data
Subjects: Spain, bird, complaint to the Commission, environmental impact, hydraulic works, impact study, protection of animal life, wildlife

18.7.2002

EN

Official Journal of the European Communities

C 172 E/107

The Commission must also be aware that the new environmental impact assessments requested have not
so far been carried out.

What measures will the Commission take in response to the approach adopted by the Spanish Ministry of
the Environment?

(1) OJ C 46 E, 13.2.2001, p. 114.
(2) OJ C 81 E, 4.4.2002, p. 188.

Answer given by Mrs Wallström on behalf of the Commission

(26 February 2002)

After reading the second impact statement issued on the project, the Commission understands that the
canalisation project is suspended between kilometre points 0 and 3,9, an area which corresponds to the
special bird protection area, so long as no additional environmental and hydrological impact assessments
have been carried out for this area.

On the basis of this second impact statement, the Commission has contacted the Spanish authorities to
ascertain whether the additional studies will be carried out and whether the corrective and protective
measures referred to in the statement will be taken. The Commission also asked to be sent the studies,
once completed.

As soon as it has received this information, the Commission will examine it to ensure that Community
legislation on the environment is complied with in this case.

(2002/C 172 E/111)

WRITTEN QUESTION E-3668/01

by María Sornosa Martínez (PSE) to the Commission

Subject: New data concerning the Júcar-Vinalopó case

(15 January 2002)

In its answer to a Written Question (P-1231/01 (1)) on the Júcar-Vinalopó water diversion project, tabled in
March 2001 by the same questioner, the Commission said that it had no knowledge of the reports by the
Spanish Ornithological Society and the Hydrographical Confederation of Júcar which, inter alia, show that
the current water diversion plan is not being carried out in accordance with Community legislation on
environmental impact reports and on the protection of birds and habitats.

The environmental organisation ADENE < which lodged a complaint which is currently being dealt with
< forwarded the report drawn up by the Spanish Ornithological Society in an e-mail dated 14 June 2001.

In view of the new data available can the Commission say:

< what steps it intends to take to stop < as revealed in the above-mentioned report < the three sites of
interest for birds located in the area from being affected by the transfer of water

international
resources from the Júcar to the Vinalopó?

< what reply it has received to date from the Spanish authorities concerning the Júcar-Vinalopó case;

< what actual stage has been reached in dealing with the complaint lodged by ADENE?

References: Written Questions E-0819/00, E-2650/00 and P-4071/00.

Reference of the complaint: 2000/4266, SG (2000), A(3835).

(1) OJ C 318 E, 13.11.2001, p. 229.

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