WRITTEN QUESTION E-0323/00 by Laura González Álvarez (GUE/NGL) to the Commission. Environmental impact of the planned airport at Castellón (Spain).
C 330 E/126 Official Journal of the European Communities EN 21. 11. 2000 The Commission is not aware of the reasons given by the Spanish authorities justifying the refusal to pass on information concerning the progress made by this project. In any case, Article 4 of Council Directive 90/313/EEC of 7 June 1990 (1), on the freedom of access to information on the environment provides that a person who considers that his request for information has been unreasonably refused or ignored, or has been inadequately answered by a public authority, may seek a judicial or administrative review of the decision in accordance with the relevant national legal system. (1) OJ L 158, 23. 6. 1990. (2000/C 330 E/140) WRITTEN QUESTION E-0323/00 by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission (11 February 2000) Subject: Environmental impact of the planned airport at Castellón (Spain) On the basis of a project involving the construction of airport facilities at Castellón and, additionally, a special plan allowing protected land to be used for the construction of airport facilities, the Valencia regional authorities are planning to build an airport in the vicinity of Bell-Lloc del Pla and Vilanova díAlcolea. According to the objections raised against the project, such an airport: ü would seriously alter the various ecosystems in the area and have an adverse effect on a range of habitats protected under Council Directive 92/43/EEC (1) and on wild birds protected under Directive 79/409/EEC (2), such as sylvia undata, caprimilgus europeus, galerida theklae and, in particular, circus pyargus, the colony of which is the only one in Europe which nests on Mediterranean scrubland and one of the few species which nests on natural vegetation. Furthermore, the airport would be located close to Prat de Cabanes (the home of protected species) and to the Desierto de las Palmas nature area, and also in an area crossed by migratory birds, with all the attendant risks to air traffic; ü would have a significantly greater noise impact on people living in the vicinity than has been calculated in an environmental impact study which is now obsolete on account of subsequent changes made to the project; ü would not be operational from the safety point of view on account of frequent morning and evening mist and fog, hazardous winds and its location amongst mountains, circumstances which would be aggravated by the alignment of the runway in a southwest-northeast direction (the only one possible in view of the mountainous topography). In view of all the above facts, could the Commission verify, with specific reference to this project, whether or not the abovementioned directives have been complied with and could it ask the Spanish authorities to halt, as a precautionary measure, any construction work or other activity in the area? (1) OJ L 206, 22. 7. 1992, p. 7. (2) OJ L 103, 25. 4. 1979, p. 1. Answer given by Mrs Wallström on behalf of the Commission (31 March 2000) Firstly, it should be noted that the area where the airport to which the Honourable Member refers is due to be built has not been classified by the Spanish authorities as a special protection area for birds under Article 4 of Council Directive 79/409/EEC (1) of 2 April 1979 on the conservation of wild birds. Neither has it been identified by the scientific community as an áimportant area for birdsí in the inventory prepared for the Commission in 1998 by national experts and Birdlife. Moreover, the Spanish authorities have not identified it as a site of Community importance for inclusion in the Natura 2000 network under Council 21. 11. 2000 EN Official Journal of the European Communities C 330 E/127 Directive 92/43/EEC (2) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. Therefore, as far as nature conservation is concerned, this case appears to be the responsibility of the Spanish national and regional authorities alone. With regard to Council Directive 85/337/EEC (3) of 27 June 1985 on the assessment of certain public and private projects on the environment, it should be noted that Article 2 thereof provides that projects likely to have significant effects on the environment by virtue of their nature, size or location must be made subject to an assessment with regard to their effects before authorisation is granted. This provision applies to projects of the classes listed in Annexes I and II to the Directive. Annex I point 7 (a) includes the construction of airports with a runway length of 2 100 metres or more. Annex II, point 10 (d) includes the construction of airfields other than those listed in Annex I. Under the terms of Article 4(1) projects of the classes listed in Annex I must be made subject to an environmental impact assessment. For projects of the classes listed in Annex II, Member States must determine through a case-by- case examination whether or not the project should be made subject to an assessment in accordance with Articles 5 to 10. It should be noted that Directive 85/337/EEC was amended by Directive 97/11/EC (4). However, under Article 3(2) of Directive 97/11/EC if a request for authorisation is submitted before 14 March 1999 the provisions of Directive 85/337/EEC prior to the amendments continue to apply. In view of the above, the Commission cannot, on the sole basis of the information provided by the Honourable Member, determine whether the aforesaid Community provisions are applicable to the project in question. It should be pointed out that the Commission does not have the power to ask the Spanish authorities to suspend the work and activities under way in the area as the Honourable Member requests. At all events, the Commission, as guardian of the Treaties, will take the necessary measures to ensure that Community law is complied with in the case in question. (1) OJ L 103, 25. 4. 1979. (2) OJ L 206, 22. 7. 1992. (3) OJ L 175, 5. 7. 1985. (4) OJ L 73, 14. 3. 1997. (2000/C 330 E/141) WRITTEN QUESTION E-0324/00 by María Sornosa Martínez (PSE) to the Commission (11 February 2000) Subject: Construction of the Valencia-Tarragona railway line The planned construction of a railway line between Valencia and Tarragona, which was approved by the Spanish authorities in 1996, will create a number of environmental problems as it passes through the towns of Benicàssim and Oropesa. Those problems have been duly notified to the various local, national and Community institutions by the people living in the affected area, who maintain that the route which has finally been decided upon will involve the destruction of residential areas, the laying of the railway line through places frequented by children (such as Benicàssim school), the risk that the building works or the passing of the trains will affect historic buildings (such as the town cemetery, which dates from the beginning of the last century), the destruction of smallholdings and cattle tracks, damage to the country- side caused by substituting ornamental species for native plants and risks to health and to the local population stemming from the hilly terrain and the periodic threat of cold fronts (which could cause railway embankments to be washed away by heavy rain)