WRITTEN QUESTION E-0385/03 by Patricia McKenna (Verts/ALE) to the Commission. Building project in Elche and the Tabarca SCI (Valencian Community).
Date: 2003-02-13
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, application of EU law, environmental impact, environmental law, environmental protection, protected area, town-planning scheme, urbanisation

7.11.2003

EN

Official Journal of the European Union

C 268 E/97

No 267/2000), according to which decisions concerning fundamental acts relating to public services must
be adopted by the City Council, the Mayor would therefore be the only element of public control in the
management company.

In view of all this and the Commission’s increasing interest in improving the quality of general services in
Europe (cf. report COM(2001) 598, Communication COM(2000) 580 and a number of decisions on the
subject, including C(2001) 1684) can the Commission answer the following questions:

1. Does the transaction described meet the criteria and obligations laid down for the quality of general

services?

2.

Is the requirement of transparency, a priority in this sector, being respected by the statutes of the new
company, in particular as regards the decision-making structure?

3. Does the transaction not constitute an infringement of Article 16 of the EC Treaty on the principles

and conditions for carrying public service tasks?

Answer given by Mr Prodi on behalf of the Commission

(21 March 2003)

In its Communication on services of general interest in Europe (1) to which the Honourable Member is
referring, the Commission highlighted that the Member States have a wide margin to define what they
regard as a service of general economic interest and how this service should be operated. In the absence of
specific Community rules, these issues are first and foremost decided by the competent national, regional
or local authorities. This also implies that Community law does not question whether undertakings in
charge of providing general interest services should be public or private.

The case described by the Honourable Member appears to be covered by this principle which is also
underlying Article 16 of the EC Treaty. In particular, the Transparency Directive, Commission Directive 80/
723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public
undertakings (2), only addresses the financial relations between public undertakings and public authorities
and the accounting of certain undertakings but does not cover the internal decision-making process within
an undertaking.

(1) COM(2000) 580 final.
(2) OJ L 195, 29.7.1980, as last amended by Commission Directive 2000/52/EEC of 26 July 2000, OJ L 193,

29.7.2000.

(2003/C 268 E/097)

WRITTEN QUESTION E-0385/03

by Patricia McKenna (Verts/ALE) to the Commission

(13 February 2003)

Subject: Building project in Elche and the Tabarca SCI (Valencian Community)

The Elche local authority has adopted an Integrated Action Programme (dated 25 March 2002) and a
building scheme (dated 27 January 2003) for sector AR-1, which involves building over 3000 tourist
accommodation units right next to a coastal wetland (Els Bassars-Clot de Galvany), a sand-dune system
(Dunas del Carabassí), and the traditional crop growing corridor which links the wetland with the dune
system, all of which are included in the Valencian Government’s proposed list of sites of Community
interest (SCIs) under the head ‘Tabarca’. Both the Integrated Action Programme and the building scheme
were adopted without any specific environmental impact procedure being carried out in accordance with
Directives 97/11/EEC (1) of 3 March 1997 and 92/43/EEC (2) of 21 May 1992.

The Else Bassars-Clot de Galvany wetlands and their surroundings are of particular importance as a bird
reserve, containing over 220 species, 70 of which have nesting status, including two species in danger of
extinction which appear in Annex I of Directive 79/409/EC (3) on the preservation of woodland birds: the
marbled teal (Marmoronetta angustirostris) and the white-headed duck (Oxyura leucocephala). The impact

C 268 E/98

Official Journal of the European Union

EN

7.11.2003

of the building scheme in sector AR-1 on the bird population will be very serious, as a result of the
massive increase in human pressure on the Els-Bassars-Clot de Galvany wetlands (over 10 000 new
residents in the immediate surroundings of a wetland of only 180 hectares, which is already suffering from
major urban building pressure, namely from the recently built tourist resorts on its southern border, in the
neighbouring township of Santa Pola).

Can the Commission investigate whether all the parameters were duly heeded which would justify the
unnecessariness of either an assessment procedure (Directive 97/11/EC) or an environmental impact study
(Directive 92/43/EEC) for the building scheme in question with regard to the Els Bassars-Clot de Galvany
wetlands and the Carabassi dune system (which belong to the on-shore ‘Tabarca’ SCI)? How is the
Commission going to ensure that the building scheme does not endanger this SCI?

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

Answer given by Mrs Wallström on behalf of the Commission

(9 April 2003)

The Commission is already aware of the situation the Honourable Member describes in her written
question.

This is because it received a complaint, registered as No 2002/5164, concerning Elche’s town planning
programme and the scheme to build over 3 000 tourist accommodation units and a hotel within a site of
Community importance without an impact assessment study having first been carried out.

The complainant reports that the said plans will seriously affect the environment and cause the destruction
of the area’s habitat. He claims the construction of this complex will have major adverse effects on a large
number of species and habitats protected by Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora.

Accordingly, the Commission recently asked the Spanish authorities to comment on the situation reported
by the complainant and to provide full details of the scheme.

As guardian of the Treaties, the Commission will not hesitate to take all necessary steps to ensure that
Community law is complied with in this instance.

(2003/C 268 E/098)

WRITTEN QUESTION E-0405/03

by Jan Dhaene (Verts/ALE) to the Commission

(17 February 2003)

Subject: International architecture competition relating to the European Quarter in Brussels

In 1997, the European Commission and the Brussels-Capital Region launched an international architecture
competition relating to the European Quarter in Brussels, jointly financed by the two bodies on the basis
of 50 % each. The competition was won by Aukett + Art & Build. Following the complaint brought by a
participant
the rules governing
competitions, as set out in Article 13 of Directive 92/50/EEC (1), the Belgian authorities decided on
12 April 2001 to cancel the contract in question.

in the competition and by the Commission regarding a breach of

The Belgian authorities awarded the service contract for the ‘Place de l’Union européenne’ (Le soir, 24 July
2000) to the architectural firm ODC (for operations to the value of EUR 2 478 935). This ‘Place de l’Union
Européenne’ was included in the competition’s programme of studies.

Does the Commission intend to claim reimbursement of 50 % of the competition funding from the
Brussels-Capital Region, given that Belgium acknowledged the Commission’s grievances (see letter of
19 February 2001 from Jill Michielssen, for the Commission’s DG Internal Market, to the third-placed
entrant)?