WRITTEN QUESTION E-3822/03 by Miquel Mayol i Raynal (Verts/ALE) to the Commission. Serious negative impact on habitats and species of Community interest on the island of Mallorca.
Date: 2003-12-12
Institutions: European Parliament, Provisional data
Subjects: Balearic Islands, environmental impact, environmental protection, project evaluation, protected area, road building, transport planning

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How does the Commission view the size of the road tolls charged and the non-differentiation of costs for
users? Is the above arrangement in line with the provisions of Community legislation? Who collects the
road tolls charged on the ‘Attic Highway’? What was the original budget of the Highway and what is the
final cost? What is the overall extent of the Community financial contribution (loans, resources from the
third Community Support Framework, etc.) in realising the project?

Answer given by Mr Barnier on behalf of the Commission

(25 February 2004)

Directive 1999/62/EC (1) covers the levying of taxes, tolls and user charges on lorries of 12 tonnes and
more. Member States levying tolls on vehicles below 12 tonnes, including private cars, do not have to
comply with the provisions contained in Directive 1999/62/EC.

In addition, the Directive does not concern the introduction of specific urban traffic charges nor regulatory
charges specifically designed to combat time and place-related traffic congestion. The Attica motorway is
an urban motorway with the aim of linking settlements in the Attica Basin in order to contribute to traffic
decongestion in the capital area. The imposition of a flat rate toll does not infringe the provisions of the
Directive.

According to the information provided to the Commission by the Greek Authorities, the amount of the
toll is related to the cost of construction and operation of the motorway by the contractor, which was
chosen after a public tender procedure. It should also be noted that the concession period when the
contractor will apply the tolls is limited to 23 years and the maximum toll for passenger cars has been
determined at EUR 1,56 in June 1994 prices. After inflation, this equates today to a maximum toll of
around EUR 3 (including VAT).

The European Investment Bank has approved a loan of EUR 645 million to the concessionnaire of Attiki
Odos. This loan is used by the concessionnaire as the private sector contribution to the project defined by
the concession contract.

The Trans-European Network (TEN) budget of the European Union has co-financed the studies of ‘Attiki
Odos’to a total amount of EUR 34 million.

The Regional Operational Programmes 1989-1993 and 1994-1999 for Attika have contributed a total
amount of EUR 53 million of the European Regional Development Fund (ERDF) to Attiki Odos. The
Operational Programme ‘Road Axes 1994-1999’ has co-financed Attiki Odos with EUR 135 million of the
ERDF.

An application has been received by the Commission from the Greek Authorities requesting the
confirmation of the co-financing of Attiki Odos by the ERDF under the Operational Programme ‘Road
Axes, Ports, Urban Development 2000-2006’. The Commission is currently examining this application.

(1) Directive 1999/62/EC of the Parliament and of the Council of 17 June 1999 on the charging of heavy goods

vehicles for the use of certain infrastructure, OJ L 187, 20.7.1999.

(2004/C 84 E/0140)

WRITTEN QUESTION E-3822/03

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

(12 December 2003)

Subject: Serious negative impact on habitats and species of Community interest on the island of Mallorca

The current Mallorcan regional government (Consell de Mallorca) has decided to amend the Sectorial
Roads Masterplan. The amendment involves building a major road (Inca-Manacor), two motorways (Inca-

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Sa Pobla and Llucmajor), adding a third carriageway to the Palma-Inca motorway and extending a second
ringroad in Palma. This amendment of the Masterplan is published in the Official Journal of the Balearic
Islands, No 141, of 11 October 2003.

Some of these schemes will have a very serious impact on natural habitats of Community interest within
the terms of Annex I and Annex II of Directive 97/62/EC, adapting Directive 92/43/EEC to scientific and
technical progress, on the conservation of natural habitat and woodland fauna and flora (1), such as wild
olive groves (Oleo ceratonion) (Natura 2000 code: 9320), holm oak groves (Quercion ilicis) (9340), and
animal and vegetable species of Community interest such as the Mediterranean tortoise (Testudo hermanni)
or certain insects (Cerambyx cerdo). It should be observed that some of these habitats are protected by
regional legislation. The significant biodiversity in terms of plant and animal species within these natural
habitats also needs to be highlighted, many of them listed in the National Catalogue of Threatened Species
(Royal Decree 439/90 of 30 March). Some of the holm oak and wild olive groves which will be affected
are the sole remaining examples in the central area of the island of Mallorca.

The amended Masterplan makes no provision for carrying out an adequate scheme for assessing the
environmental impact, although it is no secret that the Plan will involve major territorial, environmental,
social and economic impact, including the destruction of an extensive rural area.

Is the Commission aware of the way in which this Plan will affect habitats and species of Community
interest?

Does the Commission not believe that some of these habitats should be listed as Sites of Community
Interest?

What measures, if any, does the Commission intend to take?

(1) OJ L 305, 8.11.1997, p. 42.

Answer given by Mrs Wallström on behalf of the Commission

(3 February 2004)

The Honourable Member refers to the adverse environmental effects of the amended road plan for the
island of Mallorca proposed by the regional government, and the fact that no provision has been made for
an environmental impact assessment.

First,
the Commission would refer to its recent replies to question E-3346/03 by the Honourable
Member (1) and question E-3865/03 by Isler Béguin (2), which also concern the amended road plan for
Mallorca, in the Autonomous Community of the Balearic Islands, Spain.

In its replies, the Commission explained that Directive 2001/42/EC of the European Parliament and of the
Council of 28 June 2001 on the assessment of the effects of certain plans and programmes on the
environment (3) was not applicable because the deadline for its transposition was 21 July 2004. Council
Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private
projects on the environment (4) does apply, but for the specific road projects that will be developed.

In this written question the Honourable Member reports that the amended road plan will have adverse
effects on natural habitats and species of Community interest found on the island of Mallorca. Council
Directive 92/43/EEC (5) of 21 May 1992 on the conservation of natural habitats and of wild flora and
fauna could be applicable in this case.

The Commission has asked the Spanish authorities to comment on the application of the abovementioned
Directives in this particular case, with a view to determining whether the plan is likely to have a significant
effect on a Site of Community Importance (SIC), having regard to the objectives of Directive 92/43/EEC,
in which case the provisions of Article 6 apply.

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In any event, the Commission, as guardian of the Treaties, will take the necessary measures to ensure that
Community law is observed in this instance.

(1) OJ C 78 E, 27.3.2004, p. 804.
(2) See page 107.
(3) OJ L 197, 21.7.2001.
(4) OJ L 175, 5.7.1985.
(5) OJ L 206, 22.7.1992.

(2004/C 84 E/0141)

WRITTEN QUESTION E-3828/03

by Camilo Nogueira Román (Verts/ALE) to the Commission

(12 December 2003)

Subject: The Izar de Fene shipyard and the possibility of regaining authorisation to build merchant ships

The Commission recently took steps designed to allow certain forms of aid for the European ship-building
industry in order to withstand unfair competition from South Korean shipyards. The European Parliament
has adopted a report on the ‘Prestige’ disaster, which included a resolution calling for the building of oil
tankers in regions such as Galicia which have been seriously affected by disasters at sea.

In this context what reason can there be for banning the Izar de Fene shipyard in Galicia from building
merchant ships? Has Spain requested that Izar de Fene (formerly Astano) should be allowed to build ships
of this kind once again? What is the Commission’s position, bearing in mind that the Ferrol district, in
which Izar de Fene is located, lost thousands of jobs as a consequence of the ban imposed on the shipyard,
which has had to confine itself to building off-shore platforms?

Answer given by Mr Monti on behalf of the Commission

(5 February 2004)

The Commission, in 1997, approved (1) EUR 1 377 million of restructuring aid for the public Spanish
shipyards. In this decision, it was stated that, in order to minimize the possible market distorting effects of
the aid, the annual production for the Spanish yards should not exceed 210 000 cgt for a period of
10 years. Furthermore, the decision stated that the Astano [now called Fene] yard should not reopen for
shipbuilding.
(It was already closed to shipbuilding due to previously approved aid to Spanish
shipbuilding).

The decision to keep Fene (ex-Astano) closed was in order to ensure the restriction on Spanish
shipbuilding production and, therefore, a counterpart for the approved restructuring aid authorised in
1997. Furthermore, the Council requested, in its Regulation (EC) No 1013/97 of 2 June 1997, on aid to
certain shipyards under restructuring (2) on which the Commission decision mentioned above was based,
that Fene should be kept closed for shipbuilding.