91999E2260

WRITTEN QUESTION E-2260/99

by María Sornosa Martínez (PSE) to the Commission

(13 December 1999)

Subject: Environmental conservation and the historical heritage of the Dos Llometes site in Valencia (Spain)

The Dos Llometes site in Massarrojos (Valencia) is undergoing a process of urbanisation that has caused widespread dissatisfaction among neighbours and organisations who believe that the above-mentioned project constitutes an attack on the conservation of the area's environment and historical heritage.

The complainants (principally the Massarrojos Ecological Society) have presented their arguments against the property development company, Onofre Miguelo, to the fourteenth court of first instance in Valencia. A report carried out by the Valencian Ornithological Society which

states that this site is the habitat of 65 species of birds, 47 of which are protected by law, and a study carried out by the University of Valencia classifying the area as a palaeontological site that may contain fossils from ten million years ago, were both presented to the examining magistrate.

Would the Commission be prepared to study the substance of the Valencian Ornithological Society's report in order to determine whether the species listed in the report are covered by Directive 79/409/EEC(1) on the conservation of wild birds and, if so, to intervene against this ostensible violation of Community legislation?

Could the Commission also examine whether the Dos Llometes project involves a breach of Community legislation in the light of Directive 92/43/EEC(2) on the conservation of natural habitats and of wild flora and fauna?

Does the Commission intend to seek relevant information from the competent authorities clarifying whether or not the mandatory environmental impact study was carried out in connection with the Dos Llometes project pursuant to Directive 85/337/EEC(3)?

Does the Commission not consider that given the damage to heritage that would be entailed by the urbanisation of Dos Llometes such an action flies in the face of the provisions laid down by its Recommendation 75/65/EEC(4) to Member States concerning the protection of architectural and natural heritage?

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

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

(3) OJ L 175, 5.7.1985, p. 40.

(4) OJ L 21, 28.1.1975, p. 22.

Answer given by Mrs Wallström on behalf of the Commission

(24 January 2000)

The Commission was not aware of the situation to which the Honourable Member refers. It is prepared to examine the report of the Valencian Ornithological Society in order to see whether the species listed in the complaint lodged with the examining magistrate in Valencia are protected by Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds. If this were the case, the Commission would ask the Spanish authorities to comment on the situation.

It would be necessary to see the Dos Llometes project to ascertain whether it runs counter to the provisions of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. The area in question, the Dos Llometes site in Massarrojos (Valencia), has not been identified by the Spanish authorities as a Site of Community Importance for inclusion in the Natura 2000 network. On the basis of the information provided by the Honourable Member, the Commission cannot presume that the provisions of Directive 92/43/EEC have been infringed.

The Commission does not know whether the project in question has been made subject to an environmental impact assessment as provided for in Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment. However, we would point out that Article 2 of the Directive provides that projects likely to have significant effects on the environment by virtue of their nature, size or location must be made subject to an assessment with regard to their effects before authorisation is granted. This provision applies to projects of the classes listed in Annex I to the Directive. It also applies to the projects of the classes listed in Annex II, where Member States consider that their characteristics so require. If it is found that Directive 85/337/EEC is applicable in this case, the project will come under Annex II and must therefore be made subject to an assessment, in accordance with Articles 5 to 10 of the Directive, if Spain considers that its characteristics so require. It should be noted that Directive 85/337/EEC was amended by Directive 97/11/EC(1), Article 3(2) of which stipulates that if a request for authorisation is submitted before 14 March 1999 the provisions of Directive 85/337/EEC prior to the amendments shall continue to apply.

As regards the possibility that the Dos Llometes project runs counter to the provisions of Commission recommendation 75/65/EEC of 20 December 1974 to Member States concerning the protection of architectural and natural heritage, we would point out that in secondary Community legislation recommendations are non-binding legal acts for the Member States.

(1) OJ L 73, 14.3.1997.