WRITTEN QUESTION E-2897/01

by María Sornosa Martínez (PSE) to the Commission

(22 October 2001)

Subject: Commission action to prevent the deterioration of the Pego-Oliva marshes in Valencia (Spain)

The Pego-Oliva marshes are one of the most important wetlands in Spain, and are considered a protected area both by the authorities of the Autonomous Community and under European legislation (an SPA and in receipt of LIFE funding), but they continue to be subject to serious problems of environmental deterioration. These problems have already been highlighted in Written Questions E-1526/99(1), E-0349/99(2), E-3006/98(3), E-3831/97(4), E-2834/97(5) and E-1387/96(6), and have led to the Commission approaching the Spanish authorities to investigate the situation. I have no news of the most recent details of the investigation, nor of the Commission's final decision.

The deterioration of this nature reserve, however, continues apace. In particular:

- the Monarch butterfly is suffering, since the much-abused Pego-Oliva marshes are one of its Mediterranean migratory haunts;

- the Pego town council has recently granted permission for the construction of a new golf course, with hotel facilities, on the edge of the nature reserve, reclassifying farmland which is already negatively impacting on the reserve's boundaries. The construction of the golf course will undoubtedly increase still further the threat to the area's endangered environment.

These two fresh developments come on top of the serious damage being done to the reserve by intensive farming, including pesticide spraying, resulting in the disappearance of half of the bird species which formerly nested there and continues to threaten many other species, including species of fish.

What are the Commission's conclusions with regard to its investigation of the Marjal de Pego-Oliva protected area?

What steps does it intend to take to stop the environmental deterioration of the reserve, which is proving so destructive to the irreplaceable species it shelters?

Does the Commission not believe that the Spanish authorities are under an obligation to maintain a suitable environment for the migrating Monarch butterfly?

(1) OJ C 27 E, 29.1.2000, p. 109.

(2) OJ C 341, 29.11.1999, p. 97.

(3) OJ C 142, 21.5.1999, p. 68.

(4) OJ C 187, 16.6.1998, p. 64.

(5) OJ C 134, 30.4.1998, p. 23.

(6) OJ C 356, 25.11.1996, p. 33.

Answer given by Mrs Wallström on behalf of the Commission

(5 December 2001)

The Marjal de Pego-Oliva area was classified by the Spanish authorities as a Special Protection Area for birds (SPA) under Council Directive 79/409/EEC of 2 April 1979, on the conservation of wild birds(1). It has also been proposed by Spain as a Site of Community Importance (SIC) for inclusion 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(2).

In response to Petition 543/96 concerning environmental damage caused by agricultural activity in the Marjal de Pego-Oliva area, the Commission launched an own-initiative investigation (reference 98/2014). When looking into the case the Commission asked the Spanish authorities for their comments several times in order to check that the obligations arising from the Community Directives on nature protection were being fulfilled. Having failed to conclude that Community law had been infringed, the Commission closed the case on 21 April 1999.

However, as Petition 543/96 was still open and in the light of new information reported, the case was reopened. It was processed under a new complaint on the same subject (reference 99/5074).

A further letter was sent to the Spanish authorities asking for their comments on the situation and on the application of the aforesaid Directives in this particular case. In reply, the Spanish authorities forwarded a report from the Department of the Environment of the Autonomous Community of Valencia. They said that various measures had been taken to protect the Marjal de Pego-Oliva area. Administrative and criminal proceedings have been taken against those responsible for the damage. A natural resources management plan was adopted for the site. There is currently a programme to purchase land from farmers in order to ensure that the area's ecological value is preserved. The Spanish authorities report that natural conditions in the area and the situation of birds have improved in recent years. They have forwarded data on the subject.

Marjal de Pego-Oliva is one of the most important wetlands in the Autonomous Community of Valencia. The natural park covers an area of 1 200 hectares (ha) and includes a large wetland of around 900 ha. Conservation of this area was addressed by LIFE project B4-3200/92/15183 (Primera y segunda fases del programa de acciones para la conservación de los Humedales de el Hondo de Elche y Marjal de Pego-Oliva, y creación de áreas de reserva para el Samaruc, Valencia Hispánica, en la Comunidad Valenciana, España). The project has been completed and the Commission's evaluation approved the final payment. The project was committed to purchasing several dozen hectares.

The regional environmental authority took an administrative decision to stop all illegal agricultural activity in the marshes, forbidding any changes to the ecology or biology of the natural park. Following acts in breach of these regulations, the regional authorities lodged a complaint against the Mayor of Pego, in the form of criminal proceedings for alleged damage to natural resources and the environment and disturbance of public order. The judge (Juzgado de Instrucción no 2 de Denia) issued an order prohibiting all activity in the marshes and instructed the rural police (Guardia Civil) to monitor any infringements. Later breaches of the regulations were also reported to the judge.

The approval of the natural resource management plan (PORN) of Marjal de Pego-Oliva on 4 May 1999 is an important factor in ensuring that the site will be properly managed and conserved. The Plan protects the whole wetland from drying out and allows rice to be grown on a number of hectares, which will also help to conserve the area. Part of the park is designated as a special protection area where no crops may be planted. The Spanish authorities have noted the efforts made to find a consensus solution involving the landowners in the conservation of the natural park.

The area was visited by the Commission in connection with the above-mentioned Life project in order to ascertain the impact of the illegal acts perpetrated and the feasibility of further land purchases jointly funded by Life-Nature. The Life project covering the area on the conservation and management of the site has produced very satisfactory results and met its objectives.

The Commission would point out that the monarch butterfly (Danaus plexippus), mentioned by the Honourable Member, is unknown in the area.

In this light, the Commission considers that the Spanish authorities have taken appropriate steps to prosecute the illegal acts in this wetland and to conserve this Natura 2000 area. The various measures that the Autonomous Community of Valencia has taken to protect the Marjal de Pego-Oliva have led to a remarkable improvement in the situation over the past year. Therefore, after analysing the case the Commission cannot conclude that Community environment law has been infringed.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.