WRITTEN QUESTION P-2850/02 by Alexander de Roo (Verts/ALE) to the Commission. Proposed Ebro water transfer in Catalonia, Spain.
Date: 2002-10-04
Institutions: European Parliament, Provisional data
Subjects: Catalonia, EU financing, environmental impact, environmental law, environmental protection, hydrology, impact study, water management

18.9.2003

EN

Official Journal of the European Union

C 222 E/23

(2003/C 222 E/025)

WRITTEN QUESTION P-2848/02

by María Valenciano Martínez-Orozco (PSE) to the Commission

Subject: State of play with regard to infringement procedure 2000/4879

(4 October 2002)

The letter of
approving the fire prevention regulations for the Community of Madrid.

formal notice (Article 226) relates to Decree 341/1999 of the Community of Madrid

Will the Commission say what the current state of play is with regard to the aforementioned procedure?

Will it say whether it has received a reply of any kind from the Community of Madrid, as requested?

What specific measures does it intend to take to resolve this case in order to ensure compliance with
Community legislation?

Answer given by Mr Liikanen on behalf of the Commission

(23 October 2002)

The Commission is able to inform the Honourable Member that, in response to the letter of formal notice
addressed to them under Article 226 of the EC Treaty, the Spanish authorities, in accordance with the
notification procedure introduced by Directive 98/34/EC (1), gave notice on 26 July 2002 of a new draft
providing for the repeal of Decree 341/1999 approving the fire prevention regulations for the Community
of Madrid.

The three-month standstill period laid down by Directive 98/34/EC ends on 28 October 2002. The
purpose of this standstill period is to give other Member States and the Commission the opportunity to
examine whether the draft in question is compatible with Community law; interested parties can submit
their positions on the document during this period. If the Commission or some Member States feel that
the text contains aspects which may create obstacles to the free movement of goods and are incompatible
with the rules of the EC Treaty or with Directive 89/106/EEC (2), they are entitled to deliver a detailed
opinion asking Spain to adapt the provisions in question to Community law. Spain is obliged to respond
to this detailed opinion.

The Commission will make sure that the notification procedure runs smoothly and that the Spanish
authorities adopt the text, amended if needs be, in order to ensure compliance with Community law.

(1) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for

the provision of information in the field of technical standards and regulations (cid:1) OJ L 204, 21.7.1998.

(2) Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative

provisions of the Member States relating to construction products (cid:1) OJ L 40, 11.2.1989.

(2003/C 222 E/026)

WRITTEN QUESTION P-2850/02

by Alexander de Roo (Verts/ALE) to the Commission

Subject: Proposed Ebro water transfer in Catalonia, Spain

(4 October 2002)

The Catalonian Regional Government has recently submitted to public consultation a project to connect
the Tarragona and Barcelona water supply networks. This project represents in fact the first stage of the
northern stretch of the proposed Ebro water transfer.

The estimated cost of the project is EUR 125 million and the Spanish Ministers for the Environment and
Regional Development agreed over the summer to apply for EU funding for 85 % of the total project costs.

There is great controversy about this project, and civil society and the Regional Government of Aragon are
opposed because the project represents an enormous abstraction which will threaten the Ebro Delta, which
is a Natura 2000 site, SPA, Ramsar Site, Natural Park, etc.

C 222 E/24

Official Journal of the European Union

EN

18.9.2003

Another project, Xerta-Senia, has also recently been submitted to public consultation by the Catalonian
Regional Government. Its route coincides with the southern stretch of the proposed Ebro transfer.

With these proposed projects, the Spanish Government and the Regional Government of Catalonia infringe
not only EU Environmental laws which protect the Ebro Delta (Habitats, Wild Birds, Water Framework
Directives), but also the EU Structural Funds legislation as these projects are in reality part of a major
project, the Ebro transfer, and therefore need an overall environmental impact assessment (cf Article 26,
Structural Funds Regulation).

In view of Commissioner Barnier’s clearly stated views on the need for structural funds projects to comply
with environmental legislation (cf. Letter to Guardian newspaper, 31 July 2002), what is the Commission’s
position as regards the potential impacts on the local environment of the ‘Tarragona-Barcelona’ and the
‘Xerta-Senia’ projects and of any future parts of the Ebro Transfer submitted before the overall EIA of the
transfer is elaborated?

Will the Commission request that the overall environmental assessment of the Ebro Transfer, including the
dams in the Pyrenees, is finalised before any decision on EU funding is taken?

Answer given by Mr Barnier on behalf of the Commission

(11 November 2002)

The Commission has not yet received any application for aid from the Structural or Cohesion Funds for
the project indicated by the Honourable Member. The provisions of Council Regulation (EC) No 1164/
1994 of 16 May 1994 establishing a Cohesion Fund (1) and Council Regulation (EC) No 1260/1999 of
21 June 1999 laying down general provisions on the Structural Funds (2) are such that any Commission
decision on part-financing of water projects in the Member States from these financial instruments requires
compliance with Community environment law, including the provisions on environmental impact studies.

The Commission is engaged in ongoing dialogue with the Spanish authorities on the potential
environmental impact of the Spanish national water plan in general and the Ebro transfer in particular.
It has been working closely with them on implementation of the relevant Community legislation dealing
with habitats, environmental impact assessment and water protection. Last January the Spanish authorities
voluntarily produced a provisional strategic environmental assessment of the Ebro transfer, and they have
also pledged to undertake environmental impact assessments for the entire Ebro transfer plus the transfers
to the various river basins in southern Spain. Under the Community legislation individual projects (dams,
aqueducts, tunnels etc.) will also be subject to impact assessments. In taking any decisions to support
projects in connection with the Ebro transfer from the Structural Funds or the Cohesion Fund the
Commission will of course take account of the various environmental impact assessments to be carried out
by the Spanish authorities.

(1) OJ L 130, 25.5.1994.
(2) OJ L 161, 26.6.1999.

(2003/C 222 E/027)

WRITTEN QUESTION E-2860/02

by Margrietus van den Berg (PSE) to the Commission

(10 October 2002)

Subject: Absence of any annual report on the action programme to combat Aids

The action programme to combat Aids was adopted on 21 February 2001.
In February 2002 at a
consultation meeting with the DG for Trade, NGOs were promised that a separate annual report on the
first year of the action programme would be presented shortly.