WRITTEN QUESTION E-1895/03 by María Sornosa Martínez (PSE) to the Commission. Mineral Resource Extraction Plan and Natura 2000 areas in the Valencia region.
Date: 2003-06-06
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, environmental impact, exploitation of resources, impact study, mineral resources, mining operation, project management, protected area

C 58 E/110

Official Journal of the European Union

EN

6.3.2004

However, the Commission will examine the problem raised by the Honourable Member once it receives
the report referred to in the Written Question.

The Commission does not have the power to require a Member State to choose a specific site for the
construction of a waste treatment facility, or to require the creation of such a site. That choice falls under
the powers of the national authorities.

The Commission has not been informed about
the toxic waste dump at Real de Montroi or the
irregularities which led the Supreme Court to force it to close down. The problem regarding this facility is
therefore now resolved as a result of the Court’s judgment.

With regard to the other facilities referred to by the Honourable Member, the Commission would point
out that it has launched two investigations of its own regarding the Dos Aguas facility and the Fervasa
waste treatment centre. Scrutiny of these two cases has revealed that the former was authorised following
an impact assessment study and a favourable finding by the competent authorities. However, the waste
treatment centre did not undergo an impact assessment study since it was authorised in 1977, long before
Spain joined the Community.

In the light of the information provided by the Spanish authorities about these facilities, the Commission
has not found any infringement of the applicable Community legislation.

However, as it announced to the Honourable Member in its reply to Question 2260/02 (1) and in a letter
to the Honourable Member on 8 November 2002 regarding the Fervasa treatment centre, the Commission
does not rule out the possibility of examining the waste management problems referred to when it receives
the relevant information.

(1) OJ C 28 E, 6.2.2003.

(2004/C 58 E/125)

WRITTEN QUESTION E-1895/03

by María Sornosa Martínez (PSE) to the Commission

(6 June 2003)

Subject: Mineral Resource Extraction Plan and Natura 2000 areas in the Valencia region

In the draft version of the Mineral Resource Extraction Plan relating to the clay sector in the Valencia
region (which is currently available for public consultation), 25 of the 94 SCI areas proposed by the
regional government for inclusion in the Natura 2000 Network (1) are described as ‘suitable subject to
evaluation’ (i.e. subject to an environmental impact assessment) for mining purposes.

Under the Plan, such important Natura 2000 sites as Penyagolosa, the Caroig mountain ranges, the river
Palancia and the Hoces del Cabriel (amongst others) are identified as containing clay deposits. Only in the
natural parks and in certain special protection areas for birds are mining operations banned.

Does the Commission consider the draft Mineral Resources Plan to be compatible with the conservation of
the biodiversity found in the Natura 2000 areas which the regional government itself has designated?

Does the Commission consider that SCI areas can legitimately be declared as ‘sites suitable, subject to
evaluation, for mining purposes’ when mining operations in protected areas are explicitly banned under
Community law on the grounds that such activities are highly damaging to flora,
fauna and the
environment?

(1) Source: Valencia Regional Government, Ministry for Industry.

6.3.2004

EN

Official Journal of the European Union

C 58 E/111

Answer given by Mrs Wallström on behalf of the Commission

(24 July 2003)

The Honourable Member is referring to the blueprint Mineral Resources Management Plan of
Autonomous Community of Valencia.

the

The Commission does not have information regarding this management plan. The Natura 2000 network is
established under the Habitats Directive (1) and in principle the Directive does not prohibit any activity
within a Natura 2000 site.

the site but

Article 6 of the aforementioned directive establishes that any plan or project not directly connected with
or necessary to the management of
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. In the light of the conclusions of
the assessment of the implications for the site and subject to the provisions of paragraph 4 of this article,
the competent national authorities shall agree to the plan or project only after having ascertained that it
will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the
opinion of the general public.

likely to have a significant effect

According to the information provided by the Honourable Member an environmental impact assessment
will be compulsory for any action within protected areas. Therefore, it seems that the measures adopted by
the authorities follow the requirements of the Habitats directive.

Nevertheless, it is foreseeable that the national authorities submit the plan and all the individual projects to
an environmental assessment according to the provisions of article 6 of the Habitats Directive.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

OJ L 206, 22.7.1992.

(2004/C 58 E/126)

WRITTEN QUESTION E-1907/03

by Patricia McKenna (Verts/ALE) to the Commission

(11 June 2003)

Subject: The Les Marínes housing project in Denia in the Valencia region, Spain

On 1 August 2002 the town council of Denia (Valencia Region) provisionally adopted sectoral
authorisation for 400 hectares of building land at Les Marínes in order to alter the relevant category in
accordance with the law regulating town planning activities, so that the land may be used to build 17 000
dwellings. The authorisation was adopted by the Alicante town planning committee on 3 February 2002,
which means that the work may start at any time. ‘Les Marínes’ is a wetland of great environmental value
worthy of protection and urgent
the area may have disastrous
consequences for the environment and the inhabitants of Denia, which does not have enough facilities (it
has a population of around 35 000, which already rises to 100 000 in summer, and it does not have
enough schools, hospital beds or waste management services). The area where building work is planned is
home to a number of plant species recognised in the ‘Habitats’ Directive (92/43/EEC) (1) and more than
100 bird species, some of which are listed in Annex 1 to the Directive on birds (79/409/EEC (2)): Emberiza
hortulana, Nycticorax nycticorax, Egretta garzetta, Ardea purpurea, Falco columbarius, Larus audouinii,
Sterna sandvicensis, Chlidonias niger and Alcedo atthis.

restoration. The deterioration of

The Les Marínes area is also surrounded, within a distance of one kilometre, by three habitats of
Community interest: the Pego-Oliva marsh, L’Almadrava (a Posidonia oceanica marine ecosystem, the
subject of question E-2661/02 (3)) and El Montgó. All these areas contain priority species. The European
Parliament and Council Recommendation concerning the implementation of Integrated Coastal Zone
Management in Europe (4) of 30 May 2002 is being completely disregarded, although the recommendation
was promoted by the Spanish presidency. The project has already been the subject of complaints to the
local and regional authorities, but there has been no response.