92001E2614

WRITTEN QUESTION E-2614/01

by María Sornosa Martínez (PSE), Joan Colom i Naval (PSE),Raimon Obiols i Germà (PSE) and Anna Terrón i Cusí (PSE) to the Commission

(27 September 2001)

Subject: Illegality of the Spanish NHP under Community law and need for urgent action by the Commission

In view of the arguments set out in the complaint lodged by private individuals and citizens' organisations against the Commission on 10 September 2001(1) and in a number of parliamentary questions(2), does the Commission not consider that the National Hydrological Plan (NHP) adopted by the Spanish government (Law 10/2001 of 5 July 2001, BOE [Official Journal of the Spanish state] No 161) is in visible contradiction with the principles of the framework directive for water (2000/60/EC)(3), as well as containing serious infringements of existing Community law and, especially, of the wild birds directive (79/409/EEC)(4) and the habitats directive (92/43/EEC)(5)?

What action does the Commission intend to take vis-à-vis the Spanish authorities to ensure that all present and future Spanish national environmental legislation is in conformity with the framework directive for water, even though the incorporation period for that directive is not yet over? Does the Commission not consider it within its competences to act preventively, rather than not opening a procedure until the Spanish government has actually infringed Community law through measures which could have irreversible environmental consequences?

Now that the Spanish NHP has the status of a law, what form of rapid action does the Commission intend to take to ensure that this Plan is modified so that it no longer violates the habitats and wild birds directives?

(1) Complaint submitted to the Commission concerning non-compliance with Community law by the Kingdom of Spain in the context of its adoption of the National Hydrological Plan.

(2) H-0561/01, H-0904/00, H-0843/00, E-1165/01 and E-0645/01, in particular.

(3) OJ L 327, 22.12.2000, p. 1.

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

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

Answer given by Mrs Wallström on behalf of the Commission

(21 December 2001)

The Commission is studying the complaint lodged by representatives of the Blue March on 10 September 2001.

The Commission would refer the Honourable Members to its replies given in relation to the cited questions.

The Commission has already brought to the attention of the Spanish authorities the need to ensure the full respect of all applicable Community environmental legislation with regard to the Plan and with regard to the projects that will be based thereupon in the future. It must be noted that in October 2000, well before the approval of the Law on the National Hydrological Plan, the Commission reminded the Spanish authorities of their obligations under the nature and impact assessment directives.

The Spanish national hydrological plan is an extensive and detailed document. The Commission has completed a preliminary assessment and in July 2001 the Director General of the Environment Directorate-General wrote to the Spanish authorities in order to obtain further clarifications with regard to the plan. It is the Commission's understanding that the Spanish authorities will reply to this letter imminently. The same authorities will be required to assess the potential environmental impacts of the individual projects that will have to be realised within the framework of the plan. Accordingly, the design and planning of these projects should ensure compliance with Community legislation

in general and in particular with the Habitats Directive(1), the Wild Birds Directive(2), the Directive on Environmental Impact Assessment(3) (85/337/EEC as modified by Council Directive 97/11/EC of 3 March 1997(4)) and the Water Framework Directive(5).

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

(2) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979.

(3) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985.

(4) OJ L 73, 14.3.1997.

(5) Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.