WRITTEN QUESTION E-3038/02 by Laura González Álvarez (GUE/NGL) to the Commission. Bernardos reservoir (Segovia, Spain) and its repercussions on the environment.
Date: 2002-10-24
Institutions: European Parliament, Provisional data
Subjects: EU environmental policy, EU financing, Spain, application of EU law, engineering structure, environmental impact, environmental law, environmental protection

3.7.2003

EN

Official Journal of the European Union

C 155 E/75

Reply

(4 March 2003)

The Council invites the Honourable Parliamentarian to take note of the answer it gave to the question
E-2409/02 of Mr Bob van den Bos on Sudan.

In keeping with the conclusions adopted at the meeting on 17 June 2002, the Council confirms that the
EU objectives in the political dialogue with Sudan still remain valid and that account will be taken of the
progress made not only in the peace process but also on the benchmarks of the political dialogue (human
rights, democracy and the rule of law). The Government of Sudan will have to demonstrate progress on
the benchmarks of the political dialogue (human rights, democracy and the rule of law) as a condition for
normalisation of relations with Sudan. The EU continues to support humanitarian operations and reiterates
its commitment to support initiatives for a peace agreement.

With regard to the personnel involved, regular meetings between Head of Missions (HoMs) and Sudanese
authorities take place in Khartoum. Apart from contacts with civil society HoMs met also with SPLM
representatives this year. Since the renewal of the dialogue in 1999 one annual meeting takes place in
Khartoum with an EU Troika at senior official level to assess progress on the benchmarks of the political
dialogue defined the previous year. The last Troika mission to Khartoum took place on 9/10 December
2002 and has reported the EU readiness, once a comprehensive peace agreement is signed, to accompany
the Sudan in a new process of peace and development by normalising relations and resuming development
cooperation.

With regard to Sudan,
adjustments whenever the need arises.

the Council regularly reviews the situation and makes the necessary policy

(2003/C 155 E/086)

WRITTEN QUESTION E-3038/02

by Laura González Álvarez (GUE/NGL) to the Commission

(24 October 2002)

Subject: Bernardos reservoir (Segovia, Spain) and its repercussions on the environment

The Bernardos reservoir was not included in the Spanish National Hydrological Plan owing to its negative
repercussions, enormous environmental
impact and lack of hydrological worth. The Confederación
Hidrográfica del Duero is nevertheless going ahead with the construction of the reservoir which, once
completed, would flood an area of 3 857 hectares of significant ecological importance, including several
hundred hectares of well-preserved pinewoods and an ash grove of great natural value. The construction of
this reservoir would result in the disappearance of the great wealth of wildlife found in the area, which is
home to protected species such as the lynx, wolf, otter and black stork, as well as many types of birds of
prey. The waters would also swallow up important archaeological and palaeontological remains such as
the ‘Los Casares’ Roman villa in the district of Armuña and the ‘El Otero’ site.

It should be pointed out that Article 2 of Directive 85/337/EEC (1) on the assessment of the effects of
certain public and private projects on the environment, as amended by Directive 97/11/EC (2), lays down
that before being approved, projects should be subject to an assessment on the basis, inter alia, of their
nature, size and location.

Bearing in mind the significant number of wild birds and protected species that would be affected by this
project, can the Commission say to what extent Directive 79/409/EEC (3) on the conservation of wild birds
and Directive 92/43/EEC (4) on the conservation of natural habitats and of wild fauna and flora apply?

C 155 E/76

Official Journal of the European Union

EN

3.7.2003

What measures will the Commission take to ensure that Community law and in particular Directive 97/11/
EC is duly complied with?

Have the Spanish authorities applied for EU funding for this project?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 73, 14.3.1997, p. 5.
(3) OJ L 103, 25.4.1979, p. 1.
(4) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(7 January 2003)

The Commission is aware of
the situation reported by the Honourable Member concerning the
construction of the Bernardos reservoir. It very recently received a complaint on the subject which has
just been registered and is now being examined with a view to assessing the site’s significance and the
applicable legislation.

If a project might have a significant effect on a Natura 2000 site, an appropriate assessment of its effects
must be carried out, as provided for in Article 6 of the Habitats Directive (1).

Council Directive 85/337/EEC of 27 June 1985, as amended by Directive 97/11/EC, on the assessment of
the effects of certain public and private projects on the environment could apply in this case, since the
project to which the Honourable Member refers could be covered either by Annex I (point 15) or Annex II
(point 10(g)) depending on the amount of water to be stored. At this stage not enough information is
available to determine whether the project is covered by Annex I or Annex II.

Article 2 of that directive provides that projects likely to have significant effects on the environment by
virtue, inter alia, of their nature, size or location, must be made subject to an assessment with regard to
their effects before consent is given.

For projects of the classes listed in Annex II, Member States have to determine on the basis of a case-by-
case examination or thresholds or criteria set by the Member State itself whether the project has to be
made subject to an assessment in accordance with Articles 5 to 10 of the directive. For case-by-case
examinations or when setting thresholds or criteria, the Member State has to take account of the relevant
selection criteria set out in Annex III. The decision taken by the authority must be made available to the
public.

Directive 85/337/CEE was amended by Directive 97/11/EC. However, under Article 3(2) of Directive 97/
11/EC, if a request for authorisation was submitted before 14 March 1999 the provisions of Directive 85/
337/EEC prior to its amendment apply.

The Commission, in its role as guardian of the Treaties, will not hesitate to take all necessary measures to
ensure that Community law is observed.

As programme implementation is now decentralised under Regulation (EC) No 1260/99 (2),
the
Commission is not given advance notice of projects selected by the management authorities for possible
Community financing. The Commission will ask the Member State to provide the relevant information and
will forward it to the Honourable Member without delay.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.
(2) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (cid:1)

OJ L 161, 26.6.1999.