92001E2809

WRITTEN QUESTION E-2809/01

by Jean Lambert (Verts/ALE) to the Commission

(10 October 2001)

Subject: Construction of a bottling plant at Taguluche, La Gomera (Canary Islands)

With respect to our question P-0360/00(1) on the construction of a bottling plant in Taguluche, La Gomera, Canary Islands, the Commission told us on 7 March 2000 that it would take the necessary measures to ensure conformity with Community law in this case.

As we have not received any additional information on the Commission's action, we would like to know:

- Has the Commission enquired into the environmentally adverse effects of the project and therefore assessed whether the Habitat directive (92/43/EEC)(2) has been infringed? Should not Art. 6 of that directive apply for the preventive preservation of the site?

- Has the Commission enquired into the environmental impact assessment procedure, given the fact that no proper assessment on the underground water sources was done, as mentioned in our previous question?

- What measures has the Commission taken in order to ensure the protection of the site and the correct application of the Habitat and EIA (97/11/EC)(3) directives?

- What follow-up has the Commission given to the complaint it has received on the same issue (P-1999/4875)?

- Would the Commission be ready to send a delegation to La Gomera so as to enquire into the real impact of this project on the environment as well as on local agricultural activity?

(1) OJ C 330 E, 21.11.2000, p. 137.

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

(3) OJ L 73, 14.3.1997, p. 5.

Joint answerto Written Questions E-2616/01 and E-2809/01given by Mrs Wallström on behalf of the Commission

(12 November 2001)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), amended by Council Directive 97/11/EC of 3 March 1997(2), does not apply in the case mentioned by the Honourable Member because the project in question is not included in the annexes to that Directive.

Nevertheless, as was pointed out in the answers to the written questions cited above, this project might affect the Taguluche and Lomo del Carretón nature sites identified by the Spanish authorities in their national list of sites of Community importance likely to be included in the Natura 2000 network under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(3).

In its preliminary inquiries into complaint 99/4875, the Commission asked the Spanish authorities to comment on the facts as stated and to find out if the project concerned is likely to have a significant effect on the sites mentioned in the light of the objectives of Directive 92/43/EEC, in which case the procedure laid down in Article 6 of that Directive has to be applied. The Commission has analysed both the Spanish authorities' reply and the additional information supplied by the complainant.

Having examined the dossier and in view of this project's considerable potential impact, the Commission has sent another letter to the Spanish authorities asking for additional information regarding the effect of this project on the area and their assessment of possible alternatives. It has not yet received a reply. The Commission has informed the complainant of the above.

As regards sending a Commission delegation to La Gomera to verify the real impact of the work, it should be noted that the Commission has no inspection capability in the environmental field.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 206, 22.7.1992.