WRITTEN QUESTION E-3156/03 by María Sornosa Martínez (PSE) to the Commission. Residential building in the Serra de la Renegà and the Oropesa-Benicàssim SCI (Castellón, Spain).
Date: 2003-10-24
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, environmental protection, protected area, protected species, tourist infrastructure, town-planning regulations, urban construction

27.3.2004

EN

Official Journal of the European Union

C 78 E/477

regulations and
The Council adopted Directive 85/374/EEC on the approximation of
administrative provisions of the Member States concerning liability for defective products (2) (the ‘Product
Liability Directive’) on 25 July 1985.

the laws,

This Directive establishes the principle of liability without fault on the part of the producer for damage to
persons or any item of property caused by a defect in his product. Under this Directive the manufacturer
of the mobile phone can be exonerated from liability, if the damage is due to a faulty replacement battery.

If however it could be proven, that the short circuit leading to the explosion could have been caused by a
defect in the mobile phone itself, it is unlikely that a manufacturer could be exonerated from liability in
cases where the replacement battery is found to be safe.

At present, the Commission does not have reason to believe that the manufacturer in question is acting in
a way that is bad for competition. His current position seems to be driven by the need to defend himself
against allegations regarding the safety of his phones. However, the Commission will raise the matter in its
regular dialogue with industry so as to ensure that there is a competitive market in safe replacement
batteries for mobile phones.

(1) See page 474.
(2) OJ L 210, 7.8.1985, as amended by Directive 1999/34/EC of the Parliament and of the Council of 10 May 1999,

OJ L 141, 4.6.1999.

(2004/C 78 E/0500)

WRITTEN QUESTION E-3156/03

by María Sornosa Martínez (PSE) to the Commission

(24 October 2003)

Subject: Residential building in the Serra de la Renegà and the Oropesa-Benicàssim SCI (Castellón, Spain)

In the Serra de la Renegà, which lies within the municipal district of Oropesa del Mar (Castellón), the
building work which has begun on 1 000 chalets and two hotels will have an irreversible impact on the
area’s exceptional natural treasures and the ‘Oropesa-Benicàssim’ site of Community interest (SCI) placed
on the Natura 2000 network by the Spanish authorities (a marine SCI put forward because of its
important posidonia beds), bordering on the Serra de la Renegà.

The sites mentioned are the home of species protected by the Birds Directive (79/409/EEC (1)) such as the
peregrine falcon, the grey nightjar, the mountain lark, the wheatear and the long-tailed warbler, and
contains ecosystems classed as priorities under the Habitats Directive (92/43/EEC (2)), and particularly,
rupicolous calcareous or basophilic grasslands of the Alysso-Sedion albi and pseudo-steppe with grasses
and annuals of Thero-Brachypodieta, and thermo-Mediterranean and pre-steppe brush.

Given that under the provisions of the current planning regulations scheme, the entire Serra de la Renegà
is designated as ‘building land’:

(cid:1) Could the Commission specify what stage has been reached with the processing of Complaint 2003/

4833, SG (2003) A/7394/2, submitted by the Serra de la Renegà Defence Platform?

(cid:1) Does the Commission not believe that in order to protect the species covered by Community
legislation, it would be advisable to extend the SCI so that it also covers the territory of the Serra de la
Renegà?

(cid:1) Does the Commission not believe that the construction of the planned chalets and tourist installations
violate both the Bird and Habitats Directives, due to the negative effects that this residential building
will have on the protected species?

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

C 78 E/478

Official Journal of the European Union

EN

27.3.2004

Answer given by Mrs Wallström on behalf of the Commission

(1 December 2003)

The Honourable Member has expressed her concern regarding the effects of an urban and tourist
development project in the Renegà Range, within the Site of Community Importance ES5223037 (‘Costa
d’Orpesa-Benicàssim’), proposed by the Spanish authorities in view of the constitution of the Natura 2000
Network.

According to Article 6.3 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora, any plan or project not directly connected with or necessary to the
management of a Natura 2000 Site but likely to have a significant effect thereon, shall be subject to
appropriate assessment of its implications for the site in view of the site’s conservation objectives. If the
conclusions of this assessment reveal themselves to be negative, the authorities shall agree to the project
only under certain conditions: absence of alternative solutions, presence of an overriding public interest in
carrying out the project and the adoption of all compensatory measures necessary to ensure that the
overall coherence of Natura 2000 is protected.

The Commission has made representations to the Spanish authorities in order to ensure that
conditions of Article 6.3 of Council Directive 92/43/EEC are respected in the case of matter.

the

As for the enlargement of the proposed SCI suggested by the Honourable Member, only two of the three
types of habitats of Community importance mentioned by the Honourable Member are, according to the
Natura 2000 data base, represented in the Site ES5223037:

(cid:1) Habitat type 6220 *: Pseudo-steppe with grasses and annuals of the Thero-Brachypodietea;

(cid:1) Habitat type 5330: Thermo-Mediterranean and pre-desert scrub.

Within the framework of the analysis of the Spanish proposal of sites of Community importance for the
Mediterranean region it has been assessed that habitat type 6110 * has been considered as sufficiently
represented and no further sites need to be proposed. For habitat types 6220 and 5330 they were assessed
as sufficient subject to correction of data.

Therefore, the Commission considers that the Spanish proposal for these types of habitats is sufficient and
no further sites need to be proposed by the authorities although some corrections in the Natura Standard
form need to be carried out.

(2004/C 78 E/0501)

WRITTEN QUESTION E-3157/03

by Monica Frassoni (Verts/ALE) to the Commission

(24 October 2003)

Subject: Enlargement of a military base in the Natura 2000 site of La Maddalena, Sardinia

On 30 September 2003, the Italian Defence Minister authorised the enlargement of the US military nuclear
submarine base (project USA No 080-02) in the Sardinian archipelago of La Maddalena, which is on the
list of sites of Community importance (code ITB000008, surface area 13 240 ha).

Under the project buildings covering 52 000 m2 will be constructed, as will a new 180-metre dock at
Santo Stefano that will consist of an underwater structure 100 metres long and 10 metres wide to which
more naval vessels could be moored. There are also plans for a number of other construction works
(residential centres, service buildings, sports centres and warehouses) at other sites on La Maddalena island.