91998E3021

WRITTEN QUESTION E-3021/98

by Joan Vallvé (ELDR) to the Commission

(8 October 1998)

Subject: Limestone quarries in the French communes of Taltehull and Vingrau

For a number of years, the OMYA company has been exploiting a limestone quarry in the commune of Taltehull (Tautavel). The company has now decided to open a new quarry in the commune of Vingrau. The mayor and residents of this commune, which lies to the south of Corbières, are opposed to the quarry and the Vingrau municipal council considers that quarrying is contrary to Directive 79/409/EEC(1) of 2 April 1979 on the conservation of wild birds and Directive 92/43/EEC(2) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

Has the Commission informed the French Government that quarrying in Vingrau in Northern Catalonia, in the department of Pyrénées Orientales, is contrary to the directives mentioned?

Answer given by Mrs Bjerregaard on behalf of the Commission

(19 November 1998)

The Commission has in the past received complaints about the plan to open limestone quarries in the "Basses Corbières" area, in the communes of Vingrau and Tautavel (Department of Pyrénées-Orientales). Moreover, the Commission has been questioned on a number of occasions by Parliament following petition No 923/94.

An examination of the facts has revealed that France has failed to apply Directives 79/409/EEC ("birds") and 92/43/EEC ("habitats") correctly. Specifically, France has not classified the "Basses Corbières" site as a special protection area for certain species of birds listed in Annex I of the "birds" Directive (including Bonelli's eagle) and for certain migratory species not listed in Annex I, nor taken special conservation measures concerning their habitat, contrary to Article 4(1) and (2) of that Directive. Furthermore, France has not taken appropriate steps in that site to avoid disturbance which could have a significant effect on the species for which that site has been designated and deterioration of their habitats, as a result of the opening and exploitation of limestone quarries in the communes of Tautavel and Vingrau, contrary to Article 6(2), (3) and (4) of the Directive on habitats.

Under Article 169 of the EC Treaty, the Commission delivered a reasoned opinion in December 1997 in which it finds that France has failed to fulfil its obligations under the "birds" and "habitats" Directives. As there is no indication that this matter has been rectified, the Commission has referred it to the Court of Justice (application registered on 20 October 1998 under reference C-374/98). It is now for the Court to establish that France has failed to fulfil its obligations.

(1) OJ L 103, 25.4.1979, p. 1.

(2) OJ L 206, 22.7.1992, p. 7.