WRITTEN QUESTION E-2248/02 by Pedro Marset Campos (GUE/NGL) to the Commission. Construction of a hydroelectric power station on indigenous land in Chile.
Date: 2002-07-23
Institutions: European Parliament, Provisional data
Subjects: Chile, EU relations, association agreement (EU), development policy, environmental protection, hydroelectric development, indigenous population, power plant

C 242 E/14

Official Journal of the European Union

EN

9.10.2003

The issue of the war and the related peace process are constantly being addressed in the Union-Sudan
dialogue, which now takes place on a monthly basis. It is worthwhile to mention that the reactivation of
the political dialogue between Sudan and the Union has opened the possibility to a progressive
normalisation of the Union-Sudan co-operation in terms of the Cotonou Agreement provided progress in
the political dialogue is considered satisfactory by the Union.

Furthermore, a number of actions are being taken by the Commission: (i) a declaration of the Union
Presidency on behalf of the Member States has been issued condemning the impeded access; (ii) a donor
meeting was held in Geneva on June 26 2002 where several actions were decided including joint
declarations, regular donor meetings, joint donor missions, etc. and (iii) the Delegation in Khartoum is
actively exercising strong pressure on the Government of Sudan and the other warring parties alongside
the United Nations agencies and other humanitarian donors.

The recent progress in the peace talks indicates that there might at last be hope for ending the war in the
near future. If this will be the case, then the concerns addressed by the ICG report would be fortunately
resolved.

The Union gives its utmost importance to support the negotiations, which have been resumed after
12 August 2002.

Finally, it has to be underlined that the Union as well as Member States need to be continuously informed
during the negotiation process and not only at the end of each round, which can only be done by United
Kingdom and Italy, who are attending the talks as observers.

(2003/C 242 E/020)

WRITTEN QUESTION E-2248/02

by Pedro Marset Campos (GUE/NGL) to the Commission

(23 July 2002)

Subject: Construction of a hydroelectric power station on indigenous land in Chile

The company Endesa Chile, which has been privatised and acquired by Endesa España, is in the process of
constructing the Ralco hydroelectric power station. This will result in the flooding of 630 hectares of
indigenous land and the disappearance of two Pehuenche Indian communities which have always existed
in the Alto Bio Bio, and contravenes Indigenous Law No 19.253 of 5 October 1993 and the Basic Law on
the Environment No 19.300 of 9 March 1994.

Furthermore, adverse opinions on this construction project have been issued by 22 relevant Chilean public
bodies, and the World Bank has refused to grant it funding because it contravenes its code of ethics.

Eight of the 93 families living in the area have asserted their rights under the Indigenous Law and refused
to be relocated, while the others have caved in to pressure, threats and blackmail.

The Chilean government is affecting ignorance of its own laws, and has set up a Committee of Wise Men
to put a figure on the compensation payable to these eight families. This is unlawful and sets an alarming
precedent for the indigenous peoples of Chile and their survival.

1.

Is the Commission aware of this situation?

Does it not feel there is a need, in the light of the recently signed EU-Chile Association Agreement,

2.
to demand respect of democracy clauses and the indigenous rights they contain?

3. What measures is it considering taking with regard to this violation of indigenous rights and
therefore of the EU-Chile Association Agreement?

9.10.2003

EN

Official Journal of the European Union

C 242 E/15

Answer given by Mr Patten on behalf of the Commission

(17 September 2002)

1.
The Commission is aware of the construction of the Ralco hydroelectric power station. It also knows
that more than 600 people, including 85 indigenous families, accepted the resettlement plans proposed by
Endesa and that only eight indigenous families did not accept to be relocated.

2.
The draft Association Agreement between the Community and its Member States and the Republic of
Chile contains a general clause concerning the respect of democratic principles and fundamental human
rights (Article 1). This Agreement has not yet been signed by the two parties, though signature is foreseen
during the second semester of 2002.

The reallocation of these eight families is being dealt with by Chilean justice according to the Chilean
3.
Law. Furthermore,
the
Pehuenches families at ‘La Moneda’ on 5 July 2002 and committed himself to find ‘an equitable solution’
to this issue.

the Chilean President, Ricardo Lagos, met

the Commission understands that

The Commission has been informed that the Government is trying to find an equitable solution to
4.
this sensitive matter that respects the rights of the indigenous people and at same time does not jeopardise
investment necessary for promoting the sustainable development of the country as a whole. Therefore, the
Commission believes that there are no reasons justifying a Commission action at this point in time.

(2003/C 242 E/021)

WRITTEN QUESTION E-2256/02

by María Sornosa Martínez (PSE) to the Commission

Subject: Aid for solar photovoltaic and thermal energy in Spain

(24 July 2002)

As part of the Plan de Fomento de Energías Renovables (Plan for the Promotion of Renewable Energy
Sources), the Spanish Ministry of Science and Technology recently published two decisions laying down
the rules governing the granting of support aid for solar photovoltaic and thermal energy and inviting
applications for such aid (Spanish Official Journal No 74).

Point 7 of the section ‘Eligible Projects’ contains a clause stating that no applications will be considered in
the case of investment in installations that harness solar power for heat or electricity when this investment
is a consequence of obligations laid down in laws or regulations emanating from national or European
public administrations.

However, this clause might be discriminatory in cases where, for example, a local council wants to
implement its own local Agenda 21 and issues an order to encourage the setting-up of solar power
facilities. In this scenario, the two decisions issued by the Ministry of Science and Technology would
discriminate against potential promoters of clean energy facilities, who would not be eligible for aid. It
would therefore seem that there is a contradiction between something that the European Union is
promoting and has approved and what is being applied in a Member State, in this case Spain.

It should be borne in mind that:

(cid:1) both the decisions of the Spanish Ministry draw on the guidelines set out in the Renewable Energy

White Paper;

(cid:1) in its Sixth Framework Programme,

the European Union firmly emphasised the promotion of

alternative energies as a means of achieving sustainable development;

(cid:1) the European Union currently has a solid support framework for promoting energies of this type

(Altener, SAVE, the Intelligent Energy for Europe programme, etc.);

(cid:1) the Member States of the European Union have shown their willingness to meet the commitments set

out in the Kyoto Protocol, starting with their ratification of the Protocol en bloc.