WRITTEN QUESTION E-1292/02 by Patricia McKenna (Verts/ALE) to the Commission. The port of Castellón.
Date: 2002-05-07
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, European Regional Development Fund, application of EU law, coastal protection, complaint to the Commission, environmental impact, exchange of information, harbour installation, protection of animal life

C 277 E/180

Official Journal of the European Communities

EN

14.11.2002

However, if the holder of a French licence establishes his normal residence in the United Kingdom, the
British licensing rules apply and the holder of a French licence has to submit a self-declaration on the
health like any holder of a British licence.

As such, holders of French licences are not prevented from driving a car in the United Kingdom after the
age of 70.

(1) OJ L 237, 24.8.1991.

(2002/C 277 E/203)

WRITTEN QUESTION E-1292/02

by Patricia McKenna (Verts/ALE) to the Commission

(7 May 2002)

Subject: The port of Castellón

The Castellón Port Authority (1) has recently begun work on extending the port of Castellón. During the
environmental impact assessment procedure for the project, the Directorate-General for Environmental
Assessment and Quality did not take the trouble to inform the public or the local
institutions and
associations in Almassora (2), despite the fact that this municipality is the locality most affected by the port
of Castellón and the successive extensions to it (3). As the text of the environmental impact assessment
itself states, the extension of the port of Castellón will create an impassable barrier for all the sediment
deposited along the coastline up to the port. The shore area includes the Almassora coast and the estuary
of the river Mijares (‘Les Goles’). This estuary has been put forward for the status of special bird protection
zone and integrated pollution control zone by the Valencian regional government (4).

Despite the fact that the Almassora coast has been suffering from erosion and shoreline regression thanks
to the port of Castellón and the extensions to it, the environmental impact assessment includes no analysis
of the effect of the proposed port extension on ‘Les Goles’, in terms of possible flood risks and invasion of
the landscape by sea water (5). The same assessment recognises the existence of oceanic poseidonia
meadows at distances of less than 1 km from the port of Castellón, but contains no consideration of the
effects on the poseidonia of dumping at sea or of alterations in the current. The assessment also
contradicts itself insofar as it provides data on the harmful impact of the port of Castellón on that species
while, at the same time, denying the possibility of any future impact on the same species, using arguments
which we believe are inconsistent and also run counter to Directive 92/43/EEC (6). Further,
it fails to
include the information required under Directive 97/11/EC (7)
in point 5 of Annex IV (preventive
measures) and paragraph 4 of Article 5(3) (alternatives). The environmental impact statement, in addition,
fails to consider the points set out in that document, despite the submission in the past of, in some
instances, over 2 000 complaints.

1. What measures does the Commission intend to take for the protection of ‘Les Goles’? What measures
does it intend to take for the protection, preservation and regeneration of the oceanic poseidonia meadows
located a few metres from the port of Castellón?

Does the Commission not believe that there have been irregularities in the environmental impact

2.
assessment with regard to public participation?

3.
Does the Commission not believe that there have been irregularities in the environmental impact
assessment with regard to the repercussions on ‘Les Goles’ and the oceanic poseidonia meadows and to
preventive measures and alternatives?

Should this project be in receipt of EU funding, does the Commission not believe that any such

4.
funding should be frozen until all the above questions have been answered in full?

(1) This is a public authority attached to the Spanish Ministry of Planning.
(2) Almassora is a municipality located just south of Castellón.
(3) This is recognised even in the environmental impact statement (BOE [official journal of the Spanish state] No 224,

(4)

18 September 2001).
In the ‘Les Goles’ area, experts have identified over 50 bird species included in Annex II to Directive 79/409/EEC
(OJ L 103, 25.4.1979, p. 1).

(5) These risks are recognised by the Valencian regional government in its document ‘Catalogue of wetzones in the

Valencia region’ (June 2000, p. 17).

(6) OJ L 206, 22.7.1992, p. 7.
(7) OJ L 73, 14.3.1997, p. 5.

14.11.2002

EN

Official Journal of the European Communities

C 277 E/181

Answer given by Mrs Wallström on behalf of the Commission

(4 July 2002)

The Commission is aware of the matters raised by the Honourable Member, having received three
complaints about this project.

To investigate these complaints, the Commission asked the Spanish authorities for their comments on the
issues raised and for information on the project.

The Spanish authorities very recently provided an answer which the Commission’s services are currently
analysing. Pending the result of this analysis, the Commission is unable to comment on the possible
incorrect application of the relevant Community legislation.

The Commission will study the information provided by the Honourable Member and take the necessary
action to ensure compliance with the applicable Community law in this case.

The Spanish authorities have, moreover, submitted a request for co-funding from the European Regional
Development Fund (ERDF) under the integrated operational programme for the region of Valencia for the
period 2000-2006 for the project ‘Extension of Castellón Port’. The Community contribution would
amount to € 10 057 000, or 17,4 % of the expected overall cost of the project. This application is currently
being processed.

The Commission would point out that, under Council Regulation (EC) No 1260/1999 of 21 June 1999
laying down general provisions on the Structural Funds (1), any project co-financed under the ERDF must
be in conformity with Community law, including environmental protection law.

(1) OJ L 161, 26.6.1999.

(2002/C 277 E/204)

WRITTEN QUESTION E-1293/02

by Patricia McKenna (Verts/ALE) to the Commission

(7 May 2002)

Subject: Incomplete incorporation of Directive 97/11/EC by the Spanish state

Directive 97/11/EC (1) on environmental
that before
development consent for a project is granted the Member State in whose territory it is intended to be
carried out shall ensure that the public and the authorities concerned by the project are given an
opportunity to forward their opinion on the information supplied to the competent authority in that
Member State.

impact assessment

in Article 7(3)(b),

states,

This directive was incorporated into national law by the Spanish state on 10 May 2001, by means of Law
6/2001 (2) (it should in fact have been incorporated no later than 14 March 1999). The provisions of
Article 7(3)(b) do not appear in Law 6/2001. Since this article has not been transposed in that law, it must
be concluded that Article 13 of Royal Decree [RD] 1131/1988 is still in force.

The third paragraph of Article 13 of RD 1131/1988 (3) states that ‘the administrative body responsible for
the environment may consult such persons, institutions and administrations as are liable to be affected by
implementation of the project on the environmental impact which each of those parties believes it is likely
to have’.

To give an example, this Article 13 of RD 1131/1988 has been used in the environmental
impact
assessment procedure relating to the extension of the port of Castellón in the Valencia region (a complaint
was submitted to the Commission by the Valencian association Colla Ecologista d’Almassora; the author of
the present question also put a question on the matter).
for
Environmental Assessment and Quality had not, prior to granting authorisation, given the opportunity to
express an opinion on the project for extension of the port of Castellón to any of a range of parties in the
town of Almassora (4), from the citizens themselves to their organisations and institutions, even including
the municipal council.

the Directorate-General

In that case,