WRITTEN QUESTION E-0957/02 by Miquel Mayol i Raynal (Verts/ALE) to the Commission. St Llorenç-Collserola Via Verda.
Date: 2002-04-09
Institutions: European Parliament, Provisional data
Subjects: Catalonia, application of EU law, environmental impact, environmental protection, protection of animal life, protection of plant life, town-planning scheme

C 277 E/116

Official Journal of the European Communities

EN

14.11.2002

The Commission is open to suggestions on any additional action which might be required at Community
level to promote farm safety. However, given the possibilities already available to Member States under
Community rural development policy, the Commission does not currently consider there is a need to
introduce a separate and specific measure devoted to farm safety within the 2nd Pillar of the CAP.

(1) OJ L 160, 26.6.1999.

(2002/C 277 E/130)

WRITTEN QUESTION E-0955/02

by Gilles Savary (PSE) to the Commission

(9 April 2002)

Subject: Infrastructure tariffs

To what extent and under what conditions is the introduction of obligatory and selective charges or tolls
with a view to favouring modal transfer between different modes of transport compatible with Community
law as the relevant jurisprudence currently stands, particularly as regards the principle of the freedom of
movement of goods and persons, and the competition rules?

Answer given by Mrs de Palacio on behalf of the Commission

(30 May 2002)

At present Directive 1999/62/EC of the Parliament and the Council of 17 June 1999 on the charging of
heavy goods vehicles for the use of certain infrastructures (1) in road transport lays down the conditions
under which Member States may levy taxes, tolls and user charges for heavy goods vehicles.

As announced in its White Paper on the European transport policy (2) and expected by the Council, the
Commission is preparing a framework to ensure that the price of using different modes of transport better
reflects costs to society.

It intends to issue in the coming months a working document describing a methodology which relates
infrastructure charges to infrastructure, congestion, pollution and accident costs in all modes and which
will provide the basis for developing the future Community framework related to infrastructure charging.

This framework will meet the concerns of both ensuring efficient use of infrastructure and facilitating the
financing of new infrastructure. Further measures to organise a progressive and coordinated implemen-
tation will be considered afterwards.

(1) OJ L 187, 20.7.1999.
(2) COM(2001) 370.

(2002/C 277 E/131)

WRITTEN QUESTION E-0957/02

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

Subject: St Llorenç-Collserola Via Verda

(9 April 2002)

By decision of 17 May 2001, the local council of Cerdanyola in Catalonia (Spain) adopted an agreement to
amend the ‘Barcelona metropolitan general plan’ town planning regulation in respect of its provisions for
Sant Cugat del Vallès-Cerdanyola.

14.11.2002

EN

Official Journal of the European Communities

C 277 E/117

The purpose of the amendment is to allow more intensive urban development. Amongst the zones which
will now become subject to increased urban pressure is a major route across flat country used by wild
animals, a veritable ecological corridor between two nearby mountains, namely Collserola mountain and
the natural park of Sant Llorenç del Munt, Serra de l’Obac.

The scheme in question threatens the biodiversity of the entire region. It flies in the face of any prospect of
sustainable development, and has led to protests and appeals from many NGOs and environmental
protection associations. It would appear to violate 1985 and 1997 directives on environmental impact
assessments for public or private projects, and the 1992 directive on the preservation of the natural
habitats of fauna and flora.

Is the Commission aware of the situation? If not, does it have any means of carrying out an inquiry? If it
is, would it inform me and possibly also the authorities concerned as to its standpoint?

Answer given by Mrs Wallström on behalf of the Commission

(29 May 2002)

It must be pointed out that 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), amended by Council Directive
97/11/EC of 3 March 1997 (2), states that Member States are to adopt all measures necessary to ensure
that, before consent is given, projects likely to have significant effects on the environment by virtue of
their nature, size or location are made subject to an assessment with regard to their effects. This provision
is applicable to the projects referred to in Annexes I and II to the Directive.

It must be stressed, however, that only concrete projects are referred to in the Annexes of Directive
85/337/EEC, amended by Directive 97/11/EC. Urban development plans or regulations cannot be regarded
as projects and, as a result, do not fall within the scope of this Directive. Nevertheless, it will be noted that,
if any project resulting from the application of a town planning regulation falls within the scope of
Annexes I or II to the Directive, it will then have to be subject to the procedure provided for therein.

The Commission was not informed of the events which the Honourable Member deplores. In any case, on
the basis of the information provided in the written question, the Commission considers that the facts as
reported do not constitute a failure to comply with Community legislation.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2002/C 277 E/132)

WRITTEN QUESTION E-0967/02

by Eurig Wyn (Verts/ALE) to the Commission

(10 April 2002)

Subject: The capturing and killing of dolphins in Devon and Cornwall

Over the last few weeks Wildlife Trust volunteers have reported an alarming number of incidents of
stranded dolphins. The mutilated bodies of over 85 dolphins have been collected from the beaches of
Devon and Cornwall.

The UK Government has carried out a limited observer programme on the British pelagic fleet. The results
showed that 53 common dolphins were caught in 14 hauls for bass.

Since 1 January 2002 the EU has banned the use of drift nets in tuna fisheries, because of substantial by-
catches of dolphins.