92000E3846

WRITTEN QUESTION E-3846/00

by María Sornosa Martínez (PSE) to the Commission

(7 December 2000)

Subject: Demolition of the district of Cabanyal-Canyamelar (Valencia) and infringement of Directive 97/11/EC

In its answer to Written Questions E-2416/00, E-2417/00 and E-2418/00, the Commission expressed the view that the redevelopment of the district of Cabanyal-Canyamelar in Valencia could be classified as an urban development project and that it was therefore the sole responsibility of the Spanish authorities to decide whether or not a study of its impact on the cultural heritage was needed.

However, the Commission failed to take into account the fact that Annexes I and II to Directive 97/11/EC(1) on the assessment of the effects of certain public and private projects on the environment include constructions such as car parks and shopping centres among the projects subject to an impact assessment. Clearly, the project to extend Blasco Ibánez Avenues to the sea includes constructions of this kind, which are mentioned in the annexes to the above directive.

As the Commission will recall from the questions tabled previously, if the project were to go ahead, it would involve the demolition of 1 500 19th century buildings in the historic centre hitherto afforded protection by the Valencian Government owing to their unique characteristics and cultural relevance. For instance, one of the buildings earmarked for demolition, the Lonja de los Pescadores (fish market), the oldest of its kind in Spain and one of the oldest in Europe, ranks among the most symbolic examples of European cultural heritage.

In the light of the above, does the Commission not consider that the project to extend Blasco Ibánez Avenue, and the effects this will have on the places of cultural and historical interest in the district of Cabanyal-Canyamelar, represents an infringement of Directive 97/11/EC?

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

Answer given by Mrs Wallström on behalf of the Commission

(28 February 2001)

On the basis of the information supplied by the Honourable Member, the Commission considers that the project mentioned could come under Annex II to 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), provided that the application for approval was introduced before 14 March 1999. If it was, it is up to the Member State to determine whether an environmental impact assessment (EIA) is necessary or not.

If the application was introduced after this date, this project would be among those included in Annex II to Council Directive 97/11/EC of 3 March 1997(2), which amends Directive 85/337/EEC. If that is the case, the decision to carry out an EIA or not is still up to the Member State, which may apply thresholds or criteria, or take a decision on a case by case basis but which, in all cases, will apply the criteria laid down in Annex III.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.