WRITTEN QUESTION E-3869/03 by María Sornosa Martínez (PSE) to the Commission. Impact of specific residential building schemes on SIC ES 5223037.
Date: 2003-12-16
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, environmental impact, environmental protection, project evaluation, protected area, protected species, urbanisation

C 84 E/108

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3.4.2004

contain the information required in Article 5 and Annex I, including reasonable alternatives as well as an
outline of
In some circumstances, plans or
programmes begun before 21 July 2004 but not adopted until after 21 July 2006 might also require
assessment.

the reasons for selecting the alternatives dealt with.

However, once application for the construction of the particular projects is made, then Council Directive
85/337/EEC (EIA Directive) as amended by Directive 97/11/EC of 3 March 1997 (5) and dealing with the
environmental assessment of certain public and private projects will be applicable.
It stipulates that
Member States must ensure that, before development consent is given, projects likely to have significant
effects on the environment by virtue, ‘inter alia’, of their nature, size or location, are made subject to an
assessment of the environmental effects. These projects are defined in Article 4 that refers to Annexes I and
II of the Directive. The construction of motorways falls into Annex I point 7 (b) for which a mandatory
environmental impact assessment has to be carried out. For other projects, such as modification of an
existing motorway, Annex II applies.
In this case, the national authorities have to determine, either
through a case by case examination or according to thresholds or criteria, whether the project is to be
carried out subject to an assessment because of likely significant effects on the environment taking into
account the relevant selection criteria set out in Annex III of the Directive.

As regards nature conservation issues, European legislation for nature conservation includes both Council
Directives 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (6) (‘Habitats
Directive’) and 79/409/EEC on the conservation of wild birds (7) (‘Birds Directive’). Implementation of both
Directives aims to establish a coherent European ecological network of special areas of conservation that
shall be set up under the title Natura 2000.

With the information provided by the Honourable Member,
it is not possible to provide a precise
assessement about the effects of the planned Inca-Manacor motorway on the proposed Natura 2000 sites
in Balearic Islands, as it will be necessary to have access to maps which provide detailed information of the
route selected. The map information currently available to the Commission only gives very general
information as to the possible effects on some proposed areas as Sites of Community Interest (SCI) under
Council Directive 92/43/EEC provisions. If this is the case, the Spanish authorities will need to demonstrate
that they have followed the provisions of Article 6 of the Habitats Directive.

As further information is required, the Commission has sent a letter requesting the observations of the
Spanish authorities on this issue and the possible application of the Community Directives aforementioned.
The Commission will not hesitate to take all the necessary steps to ensure full compliance with this
legislation.

(1) OJ C 78 E, 27.3.2004, p. 804.
(2) Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001 on the assessment of the effects of

certain plans and programmes on the environment, OJ L 197, 21.7.2001 (Article 3§9).

(3) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds,

OJ L 161, 26.6.1999.

(4) Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations, OJ L 160,
26.6.1999.

(5) OJ L 73, 14.3.1997.
(6) OJ L 206, 22.7.1992.
(7) OJ L 103, 25.4.1979.

(2004/C 84 E/0145)

WRITTEN QUESTION E-3869/03

by María Sornosa Martínez (PSE) to the Commission

(16 December 2003)

Subject: Impact of specific residential building schemes on SIC ES 5223037

In its reply E-3156/03 (1) on residential building in the Serra de la Renegà and its effects on the ‘Oropesa-
Benicàssim’ site of Community interest, the Commission claimed that it had contacted the Spanish

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authorities so as to check that the requirements of Article 3 of Directive 92/43/EEC (2) on assessing the
indirect impact of schemes on protected areas and the conservation objectives concerned were being met.

Can the Commission state whether the Spanish authorities, as laid down by the Directive, have
demonstrated the complete absence of alternatives to this scheme? Can the Commission confirm that the
Spanish authorities believe that the construction of the thousand chalets and the two hotels in question is
an absolute necessity ‘because it is a project of public interest’? Has the Commission been informed of the
compensatory measures which the Spanish authorities intend to carry out so as to guarantee that there is
no negative impact on the Natura 2000 Network in this instance?

The Commission failed to respond with regard to the species protected by the Birds Directive (79/409/
EEC (3)) which inhabit the areas mentioned.

Does the Commission not believe that the building of these chalets and tourist installations runs flat
counter to the provisions of the Birds Directive in terms of the negative impact which these building
schemes will have on the protected species?

(1) OJ C 78 E, 27.3.2004, p. 477.
(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

(22 January 2004)

The Spanish authorities have not yet replied to the request
concerning the urban and tourist development project
Commission has not yet reached any conclusions in its investigation of the issues raised.

for information from the Commission
the

in the Renegà Range. For this reason,

On the other hand, the Commission considers that Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (1) is not relevant to this case, as the Spanish authorities have not classified this
area as a Special Protection Area and the scientific community has not included it in the inventory of
Important Bird Areas.

(1) OJ L 103, 25.4.1979.

(2004/C 84 E/0146)

WRITTEN QUESTION E-3887/03

by Ria Oomen-Ruijten (PPE-DE) to the Commission

(16 December 2003)

Subject: Measures to tackle legionnaires’ disease

On 22 October 2003 the Commissioner for Public Health and Consumer Protection, Mr Byrne, replied on
to tackle legionnaires’ disease
behalf of
(E-2797/03) (1). However, his response failed to answer any of the four questions that I had raised.

the Commission to my written question on measures

Is the Commission prepared to re-read carefully written question E-2797/03 and its answer and to

1.
provide detailed replies to the issues raised?