WRITTEN QUESTION E-0550/03 by Laura González Álvarez (GUE/NGL) to the Commission. Environmental impact of wind farms.
Date: 2003-02-26
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, archaeology, environmental impact, environmental protection, heritage protection, power plant, protected area, right to information, wind energy

7.11.2003

EN

Official Journal of the European Union

C 268 E/109

A further problem is posed by the enormous payments required to guarantee the after-care of the mines.
The small and medium-sized enterprises working in this area do not have enough funds at their disposal to
pay these guarantees.

What measures does the Commission propose to take to ensure that the Mining Waste Directive currently
in preparation distinguishes sufficiently clearly between leftover stone and surface material resulting from
mining activities on the one hand and waste materials harmful to the environment on the other? It should
take particular account of the economic conditions for the operation of the prospective mines. In what
way are the preparations for the directive considering the viewpoint of small and medium-sized
enterprises?

Answer given by Mrs Wallström on behalf of the Commission

(3 April 2003)

In preparing a proposal for a Directive on the management of waste from extractive industries, the
Commission’s intention is to allow for requirements proportionate to the risks involved by the various
types of waste generated. In doing so, the Commission draws on the definition of ‘waste’ set out in the
Waste Framework Directive, Council Directive 75/442/EEC of 15 July 1975 on waste (1) (as amended by
Council Directive 91/156/EEC of 18 March 1991 (2)). The recent ruling of the European Court of Justice
the Honourable Member is referring to will serve as a guide for any future interpretation of this notion.

Regarding the financial guarantees for the after-care of the waste facilities, the Commission has not yet
taken any decision but is considering a sufficiently broad range of instruments, whereby the amount of
guarantee will be adapted to the progress of rehabilitation work. It is expected that these arrangements will
properly address the viewpoints of small and medium-sized enterprises.

(1) OJ L 194, 25.7.1975.
(2) OJ L 78, 26.3.1991.

(2003/C 268 E/110)

WRITTEN QUESTION E-0550/03

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

Subject: Environmental impact of wind farms

(26 February 2003)

Environmental, cultural and local community groups have drawn our attention to their concerns about the
uncontrolled proliferation of wind farms in the province of Guadalajara (Campisalabos, Cantalojas and
Villa) and those that are planned in the Tiermes-Caracena (Canalejas, Sierro and De Grado) area in Soria.
Farms at Hijes and Somolinos have not been authorised on environmental grounds.

The Tiermes-Caracena area is classified as an Important Bird Area (IBA No 079) and is located between the
Altos de Barahona and Macizo de Ayllón Special Protection Areas (SPAs) for birds. The area is home to
large populations of griffon vulture, black vulture, golden eagle, owl, Egyptian vulture and the highly-
endangered Dupont’s lark.

The archaeological site at Tiermes (which has been declared a cultural asset by the Castilla-Léon regional
government), covering a period ranging from the Bronze Age to the Middle Ages, includes an important
necropolis and an entire Roman town. The medieval buildings include the twelfth-century church of Our
Lady of Tiermes. The local inhabitants, who, despite having applied to the relevant authorities, have yet to
receive the information they require on the matter, consider this situation to be a serious threat to the
area’s rich natural and artistic heritage.

Would the Commission not agree that directives:

(cid:1) 97/11/EC (1) on environmental impact assessments,

(cid:1) 79/409/EEC (2) on the conservation of wild birds,

C 268 E/110

Official Journal of the European Union

EN

7.11.2003

(cid:1) 92/43/EEC (3) on the conservation of natural habitats and of wild fauna and flora, and

(cid:1) 90/313/EEC (4) on the freedom of access to information on the environment might have been

breached in this instance?

What steps does it intend to take with a view to ensuring that the above directives are duly implemented?

(1) OJ L 73, 14.3.1997, p. 5.
(2) OJ L 103, 25.4.1979, p. 1.
(3) OJ L 206, 22.7.1992, p. 7.
(4) OJ L 158, 23.6.1990, p. 56.

Answer given by Mrs Wallström on behalf of the Commission

(30 April 2003)

The Honourable Member referred to two different areas both located in Castilla-La Mancha Autonomous
Community.

According to information provided by the Honourable Member it is not possible to identify the exact
location of the sites. Nevertheless, it seems that one of these areas is close to a site proposed by the
Spanish authorities as one of Community Importance, ‘Sierra de Pela’, ES4240007 and the other to the
SPA ‘Altos de Barahona’, ES0000203.

Therefore, an environmental assessment has to be carried out by the Spanish authorities in accordance
with article 6(3) of
the Habitats Directive, Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds.

So far as Council Directive 85/337/EC of 27 June 1985 on the assessment of the effects of certain public
and private projects on the environment (as amended by Council Directive 97/11/EC of 3 March 1997) is
concerned, this requires an environmental impact assessment to be carried out of proposed ‘installations
for the harnessing of wind power for energy production (wind farms)’ if they are ‘likely to have significant
effects on the environment by virtue, inter alia, of their nature, size or location.’ When an assessment is
carried out, amongst other information it should cover the cumulative effects of the proposed project. It is
not clear from the information provided by the Honourable Member whether there has been a breach of
the Directive in the cases referred to in the question.

As regards the fact that the inhabitants have not received an answer from the competent authorities to
their request for information, it should be pointed out that Directive 90/313/EEC of 7 June 1990, on the
freedom of access to information on the environment obliges public authorities to provide access to
available environmental information within a maximum of two months from receipt of the request, unless
one of the exceptions to this obligation as laid down in Article 3 of this Directive applies. It is not clear
from the information provided by the Honourable Member at what time the request was made, nor is it
clear whether the local inhabitants have sought, on the basis of Article 4 of the Directive,
judicial or
administrative review in accordance with the relevant national legal system. It is, therefore, not clear from
the information provided by the Honourable Member whether there has been a breach of Council
Directive 90/313/EEC in this case.

(2003/C 268 E/111)

WRITTEN QUESTION E-0568/03

by Ria Oomen-Ruijten (PPE-DE), Bert Doorn (PPE-DE)
and Alexander de Roo (Verts/ALE) to the Commission

(27 February 2003)

Subject: Government aid for the Laarbruch airfield

A civilian airport is currently being developed at the former (German) military airfield in Laarbruch.
A private company, Flughafen Niederrhein GmbH, purchased the complex (with an area of 615 ha) from
the German ‘Vermögensverwaltung’ (Public assets management agency) at a cost of EUR 11,5 million.
Flughafen Niederrhein GmbH simultaneously sold the complex on for the same price to the Van de Lande
group. The airfield is now called ‘Airport Niederrhein’ (Lower Rhine Airport). Of the EUR 11,5 million,
EUR 3,83 million has already been paid and another EUR 3,83 million will be paid at the end of 2003. The
remaining EUR 3,83 million only needs to be paid if the airport has not created 350 jobs by the end of