WRITTEN QUESTION E-1403/98

by Pedro Marset Campos (GUE/NGL) and Laura González Álvarez (GUE/NGL) to the Commission

(11 May 1998)

Subject: Irregularities in the handling of the special plan for the port of Ibiza (Balearic Islands, Spain)

The Ibiza and Formentera Island Commission for Urban Development has approved a draft special plan for the port of Ibiza. However, it transpires that the environmental impact report was not included in the public information file on the plan until a very late stage, with the result that the Directorate-General for Ports acted before the requisite assessment report had become available. This report, whose conclusions have provoked public alarm, highlights a series of very important environmental problems which will fundamentally affect the make-up of the landscape and of social and cultural life and will also have repercussions for social life on the rest of the island, which generates the majority of its income from tourism. The failure of the Directorate-General for Environmental Assessment and Information to consult expressly a body of such high standing and repute as the Official Association of Architects - which has opposed the plan for the port of Ibiza and backed up its objections with sound arguments - has been the source of some bewilderment.

Were it to proceed, the project would have a huge and irreversible impact upon the current face of the city and port of Ibiza. The Faro de Botafoch, Isla Grossa and Isla Valerino areas would be particularly affected, as would adjoining zones such as Platja des duros, which would disappear altogether. These areas mentioned specifically and designated "specially protected natural areas" in the provincial plan for the Balearic Islands and in the town planning scheme drawn up by the municipality of Ibiza, both of which are in force. In addition, a residential area used by tourists would be destroyed, and the land and marine biological environments severely affected.

1. Is the Commission aware of the above situation?

2. What will it do to ensure that the Spanish authorities implement Community legislation on the environment, and the following Directives in particular: 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment; 92/43/EEC(2) on the conservation of natural habitats and of wild fauna and flora; and 90/313/EEC(3) on the freedom of access to information on the environment?

3. Will the Commission say whether this project is receiving from EU structural assistance?

4. Will it forward any relevant information it has obtained from the Spanish authorities?

Answer given by Mrs Bjerregaard on behalf of the Commission

(18 June 1998)

The Commission was not aware of the situation described by the Honourable Members.

To ensure that Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment has been complied with in this instance, the Commission will ask the Spanish authorities for their comments.

The area affected by the project has not been designated a bird protection area under Article 4 of Council Directive 79/409/EEC on the conservation of wild birds.(4) Nor have the Spanish authorities proposed it as a site liable for inclusion in the Natura 2000 network under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

The information supplied by the Honourable Members has not enabled the Commission to establish whether Directive 92/43/EEC might be applicable to this particular situation.

Again, on the basis of the information supplied the Commission is unable to judge whether Council Directive 90/313/EEC on the freedom of access to information on the environment is applicable in this instance. It is not clear whether the public authorities have improperly refused access to environmental information following any application they might have received.

Under the 5b operational programme for the Balearics, measure 2.5 on action in favour of the environment in rural centres (which falls within the jurisdiction of the autonomous authorities) provides for PTA 0.7 million (around ECU 4 000) to be spent on a plot plan and PTA 1.3 million (around ECU 7 700) to be spent on a special plan for Ibiza and Formentera.

It is possible that one of the sums in question may have been used as study appropriations for the "special plan for the port of Ibiza". However, the latest programme report gave no details of this and indeed made no mention of it.

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

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

(3) OJ L 158, 23.6.1990, p. 56.

(4) OJ L 103, 25.4.1979.