92001E2548

WRITTEN QUESTION E-2548/01

by Laura González Álvarez (GUE/NGL) to the Commission

(19 September 2001)

Subject: Restructuring of the banks of the river Duero in Zamora (Spain)

Zamora council is planning a series of projects in the city affecting the river Duero and its islands. Some of those projects, such as reforestation, cleaning up and improving the banks and the creation of Las Pallas park, may have a positive effect. Nevertheless, activities on Bañaderos and Conejos island and the planned real-estate development in the Las Pallas park area, including three car-parks, will have a tremendous impact on the environment and will affect protection areas for birds and the conservation of natural habitats.

This might be in breach of the following Community directives:

- Directive 85/337/EEC(1) on environmental impact assessment;

- Directive 79/409/EEC(2) on the conservation of wild birds;

- Directive 92/43/EEC(3) on the conservation of natural habitats and of wild fauna and flora.

Can the Commission check whether these directives are being properly applied?

Can the Commission confirm whether Community funding has been granted for these projects?

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

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

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

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2001)

The Honourable Member mentions three environmental directives which could, in her view, apply to the context of the project concerning the restructuring of the banks of River Duero in Zamora, Spain, and asks the Commission what measures it intends to take to ensure that Community law is complied with in this case.

The Directives mentioned by the Honourable Member are Council Directive 79/409/EEC, of 2 April 1979, on the protection of wild birds, Council Directive 92/43/EEC, of 21 may 1992, on the conservation of natural habitats and wild fauna and flora, and Council Directive 85/337/EEC, of 27 June 1985, on the assessment of the effects of certain public and private projects on the environment.

With regard to Council Directives 79/409/EEC and 92/43/EEC, the Commission considers that they are not relevant in this case since no Special Protected Areas, Sites of Community Interest, protected species or priority habitats have been identified within the city of Zamora, where the project is to be implemented. No such areas, sites, species or habitats are therefore likely to be affected by the project.

Concerning Council Directive 85/337/EEC, as modified by Council Directive 97/11/EC of 3 March 1997(1), it should be noted that the project mentioned by the Honourable Member may fall within its scope, since it is listed in Annex II thereof (point 10, e) canalisation and flood-relief works).

With regard to projects of the classes listed in Annex II, these shall be made subject to an assessment, in accordance with Articles 5 to 10, where Member States consider that their characteristics so require. Among the elements that the Member States will take into account in order to decide whether a project listed in Annex II is to be subject to an environmental impact assessment, article 2 of the Directive mentions criteria such as its nature, size or location.

The facts raised by the Honourable Member are also the subject of a complaint received by the Commission. In the framework of the handling of this complaint, the Commission has requested information from the Spanish authorities in order to verify whether this project fully complies with applicable Community law.

The Commission will not hesitate to take all the measures necessary to ensure that Community law is complied with in this case.

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