WRITTEN QUESTION E-3293/02 by Patricia McKenna (Verts/ALE) to the Commission. Tourism development in a bird area in Calp, Valencian Community, Spain.
Date: 2002-11-21
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, application of EU law, protected area, protection of animal life, tourism

3.7.2003

EN

Official Journal of the European Union

C 155 E/129

In actual fact, the hills which serve as a backdrop to the Reggia Vanvitelliana palace are in a state of total
destruction. Eight quarries are currently in operation in the area of Caserta and 12 others are abandoned
but many of them are in fact still being worked secretly. The total area of all the quarries was estimated a
few years ago at more than 1 000 m2. A report, also compiled some time ago, referred to ITL 7 000 billion
worth of damage. The area has now been completely disfigured and its natural geomorphology altered
beyond all recognition. The scale of the destruction caused by quarrying in the Caserta area is unequalled
anywhere else in Europe.

What monitoring and intervention measures does the Commission intend to take vis-à-vis the local
authorities responsible for this failure to honour their obligations under Community Directive 92/43/EEC?

(1) OJ C 205 E, 29.8.2002, p. 83.
(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(17 December 2002)

Article 6 of Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of
wild fauna and flora provides for the protection of Sites of Community Importance which will, according
to the procedure laid down by the Directive, be designated as Special Conservation Areas. These
obligations apply to all authorities of the Member States, at national, regional or local level. In particular,
under Article 6, paragraph 3,
‘any plan or project not directly connected with or necessary to the
management of the site but likely to have a significant effect thereon, either individually or in combination
with other plans or projects, shall be subject to appropriate assessment of its implications for the site in
view of the site’s conservation objectives.’

The above-mentioned provision applies to Sites of Community Importance (SCI) and to Special
Conservation Areas (SCA) under Directive 92/43/EEC. Even if it may not, at present, be fully binding for
proposed Sites of Community Importance (pSCI) under Directive 92/43/EEC, these being sites which have
been proposed by Member States but not yet included in an official list of sites of Community interest
adopted by the Commission, Member States have an obligation to act in a way that does not jeopardise the
objectives of the Directive and ensure, therefore, that measures are taken to prevent the deterioration of
proposed sites.

‘Monte Tifata’ (cid:1) IT8010016 (cid:1) is a pSCI under Directive 92/43/EEC. Therefore, it is covered by the above-
mentioned obligation.

In the specific case, not being aware of
Commission will take the appropriate steps in order to gather detailed information about it.

the situation described by the Honourable Member,

the

Should the Commission be informed that Community law is being breached in the specific case, it would
including infringement
not hesitate, as the guardian of the EC Treaty, to take all necessary measures,
procedures under Article 226 of the EC Treaty, in order to ensure the observance of relevant Community
law.

(2003/C 155 E/143)

WRITTEN QUESTION E-3293/02

by Patricia McKenna (Verts/ALE) to the Commission

(21 November 2002)

Subject: Tourism development in a bird area in Calp, Valencian Community, Spain

In the municipality of Calp (Autonomous Community of Valencia), Spain, the local General Urban Plan
was modified in 1998 in order to permit the building of hundreds of homes (Plan Parcial 4 El Saladar)
within and surrounding the wetland ‘Las Salinas de Calpe’ in an area previously listed as an area of ‘Special

C 155 E/130

Official Journal of the European Union

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3.7.2003

Protection’ by the Calp Urban Plan. This wetland is a Special Bird Protection Area protected by the Bird
Directive (79/409/EEC (1)) as well as by the Habitat Directive (92/43/EEC (2)), and is proposed for inclusion
in the Nature 2000 network by the Valencian Regional Government.

The municipality of Calp has recently approved the global project for the implementation of the plan, the
so-called ‘Plan de Actuación Integral Saladar’. This urban instrument includes 497 000 square metres of
land to be built on in and around the protected area, affecting the preservation of this wetland. In fact,
with the approval of this plan by the local council the invasion of the wetland (140 000 square metres) is
finally permitted with a high building density (no building height limits have been set up) allowed within
less than 45 metres of the wetland.

Does the Commission consider that the above-mentioned EU directives have been infringed?

What measures does the Commission consider taking to ensure compliance with European law?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(17 December 2002)

The Spanish authorities have not communicated any information to the Commission regarding the
classification of the wetland known as ‘Las Salinas de Calpe’ as a Special Bird Protection Area. Neither have
they submitted any proposal of this area as a Site of Community Interest for inclusion in the Natura 2000
network. Furthermore, this wetland is not included in the inventory of Important Bird Areas of Spain
compiled by the ornithology organisation SEO/BirdLife. Consequently, the Commission considers that
Council Directives 79/409/EEC of 2 April 1979 on the conservation of wild birds and 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of wild fauna and flora have not been infringed
in relation to this wetland.

(2003/C 155 E/144)

WRITTEN QUESTION E-3295/02

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

(21 November 2002)

Subject: Promotion of the Barcelona-Puigcerdà-La Tour de Carol-Toulouse rail line and its inclusion on the

Essen list

The White Paper on transport policy in the EU rightly highlights the need to develop trans-Pyrenean rail
capacity as freight traffic is set to double over the next 20 years, the roads are already saturated and it is
necessary to reduce greenhouse gas emissions.

In view of this, the Commission asked for the trans-European transport network to be supplemented by a
leaving the route up to the Member States concerned. The latter decided to
trans-Pyrenean rail
upgrade the line between Saragossa and Pau via Canfranc.

link,

Although the upgrading of this line is undoubtedly highly desirable, it will not have a significant impact on
freight traffic.

Does the Commission not consider that it would do more to relieve traffic congestion on Mediterranean
roads if it included on the list of projects eligible for Community funding (‘Essen list’), the modernisation of
the Barcelona-Puigcerdà-La Tour de Carol-Toulouse rail line, and in particular the building of a tunnel
under the Collada de Toses?