Commission des pétitions NOTICE TO MEMBERS

Transcription

1 Parlement européen Commission des pétitions NOTICE TO MEMBERS Subject: Petition 0166/2006 by Inaki Reyero Castro (Spanish) concerning an alleged infringement by the Spanish authorities responsible for the Picos de Europa wildlife park of the habitats and wild birds directives 1. Summary of petition The petitioner expresses concern at the absence of environmental protection measures regarding the Picos de Europa regional wildlife park, forming part of the Natura 2000 network, indicating in particular that the Castilla and León regional authorities have never adopted the use and management guidelines ( PRUG ) for the division of the park into zones or the creation of restricted areas, for example the Pinar de Lillo, which provides a habitat for an endangered species of wood grouse and in the absence of zoning provisions, could be designated for building or other development activities incompatible with the conservation of this protected species. He expresses similar concerns regarding grey bear habitats. In addition, the failure to divide the area into zones along the borders between the regional park in question and the Fuentes Carrionas y Fuente del Cobre wildlife park will make it easier to develop the new San Glorio winter sports complex, effectively bypassing any access conditions or restrictions in respect of connecting infrastructures. The petitioner is accordingly seeking European Union action to ensure respect for all protected zones within the park in accordance with the Natura network objectives and the conditions and criteria laid down by the relevant Community legislation (regarding habitats, etc.). 2. Admissibility Declared admissible on 27 June Information requested from Commission under Rule 216(6). 3. Commission reply, received on 1 June I. Summary of the facts The petitioner is concerned by the alleged absence of environmental protection measures CM\ docx PE v05-00 United in diversity

2 regarding the 'Picos de Europa' regional wildlife park which would be detrimental to the Natura 2000 network objectives, conditions and criteria laid down by the Community Environmental legislation. II. The petition The petitioner claims that the competent authorities have not adopted the use and management guidelines for the division of the park into zones or the creation of restricted areas. This would allow the development of activities, such as ski resorts, which according to the petitioner, would be incompatible with the conservation of natural habitats and of wild fauna and flora. 'Picos de Europa' has been designated as both a Special Protection Area pursuant to Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds 1 (Birds Directive) and a Site of Community Importance pursuant to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora 2 (Habitats Directive). The petitioner also refers to the amendment of the regional protection scheme of the Natural Park of 'Fuentes Carrionas and Fuente del Cobre' in order to facilitate the future development of ski resorts in the area. III. The Commission s comments to the petition The Commission is aware of the issues raised by the petition, which were also the subject of a complaint lodged with the Commission. The Commission stresses that according to Articles 6 3 and 4 of the Habitats Directive, 'any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.' The above provisions are applicable not only to Sites of Community importance but also to Special Protection Areas by virtue of Article 7 of the Habitats Directive. 1 OJ L 103, , p OJ L p.7 PE v /7 CM\ docx

3 The Commission points out that according to Article 12.1 of the Habitats Directive the 'Member States shall take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV (a) in their natural range, prohibiting (a) all forms of deliberate capture or killing of specimens of these species in the wild; (b) deliberate disturbance of these species, particularly during the period of breeding, rearing, hibernation and migration; (c) deliberate destruction or taking of eggs from the wild; and (d) deterioration or destruction of breeding sites or resting places.' Regarding the amendment of the regional protection scheme of the Natural Park of 'Fuentes Carrionas and Fuente del Cobre', the Commission refers to the communication for Petition n 213/2006. The Commission notes that the modification of the Natural Resources Management Plan, which aims to set up the management plan for the site, falls under the competence of the Member State authorities. Moreover, the amended provision subjects the development of individual projects in the area to the pertinent Environmental Impact Assessment and an assessment of the implications for the site under the Habitats Directive. No breach of Community obligations can therefore be identified. Regarding the alleged absence of environmental protection measures in the area of 'Picos de Europa', it is worth noting that, according to article 6.1 of the Habitats Directive, for special areas of conservation, Member States shall establish the necessary conservation measures involving, if need be, appropriate management plans specifically designed for the sites or integrated into other development plans, and appropriate statutory, administrative or contractual measures which correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II present on the sites. The Commission recalls that, according to the obligations laid down under Article 4.4 of the said directive, the competent authorities have to designate that site as a special area of conservation as soon as possible and within six years from the date of publication of the Commission Decision adopting the list of sites of Community importance for the Atlantic biogeographical region 1. Therefore, the Spanish authorities have until 29 December 2010 to designate the 'Picos de Europa' site as a special area of conservation and to adopt the necessary conservation measures referred to under Article 6.1. No breach of Community obligations can therefore be identified. IV. Conclusions In the absence of any evidence of a breach of Community environmental law, the Commission, decided in October 2006 not to pursue this investigation further. 4. Further Commission reply, received on 2 September The petitioner denounces the misuse of EU funds (Cohesion Fund) financing 58 purifying plants in the Regional Park "Picos de Europa". The petitioner claims that these plants do not function, with the negative environmental consequences in this protected area that this entails, and calls on the European Parliament to take the necessary measures to ensure the operationality of these water treatment infrastructures financed by the Cohesion Fund. 1 OJ of the European Union L 387/1 CM\ docx 3/7 PE v05-00

4 The European Commission received a complaint on the non functioning of these purifying plants in December The infrastructure concerns 58 purifying plants placed in villages in this protected area which represent an investment of EUR 5,7 million with a co-financing of 80% by the Cohesion Fund during the period. After the receipt of this complaint, the European Commission contacted the Spanish Authorities who confirmed the existence of this problem. Apparently there had been a bad evaluation of the management and maintenance costs by the municipalities to which the competence to manage the plants had been transferred. The envisaged solution would be an agreement between the municipalities and the province to share the costs. The Junta de Castilla y Leon (regional government) signed in 2007 an agreement with the province (Diputación) and the municipalities to reinitiate the functioning of the plants. As this agreement was not being implemented and the plants continued to be unoperational, the Commission contacted again the Spanish authorities in November In September 2009, the Commission received a letter from the Spanish Authorities (Department of Environment in the Regional Government of Castilla y León) stating that: the purifying infrastructure had become operational again after the repair and renovation of equipment (needed after years of non functioning of the plants) with a budget of EUR ,59; these renovation works had been finalised in May 2009 and three months later, their management would be the responsibility of the Diputación Provincial de León, through the Consortium of Urban solid waste. With the implication of the Diputación Provincial de León in the management of the plants and the financing of 50% of the management costs by the Junta de Castilla y León, it seemed that the main obstacles for the correct functioning of the depuration process had been overcome and that these plants would be operational again. The Commission wrote a letter to the complainant with the intention to close the complaint, but he answered back stating that the plants were still not operating. The Commission wrote back to the Spanish Authorities in January 2010 requesting evidence of the operability of these plants. The Spanish authorities answered in May 2010 with technical reports stating that the plants are in its majority operational and saying that the operational costs of the functioning of the plants will be covered in half by the regional authorities (Junta de Castilla y León) and half by the local authorities (in the case that the municipalities cannot pay, the cost will be covered by the amount these local authorities receive periodically on account of the natural protected area). According to the Spanish authorities, these purifying plants are operational again. However, the Commission will send a last request to the Spanish authorities in order to confirm their latest statements. 5. (REV II) Further Commission reply, received on 6 May The petitioner denounces the misuse of EU funds (Cohesion Fund) in the financing of 58 water treatment plants in the Regional Park "Picos de Europa". The petitioner claims that these plants do not work, with negative environmental consequences for this protected area and calls on the European Parliament to take the necessary measures to ensure the functioning PE v /7 CM\ docx

5 of these water treatment infrastructures financed by the Cohesion Fund. The European Commission received a complaint on the non functioning of these water treatment (purifying) plants in December The infrastructure concerns 58 water treatment (purifying) plants placed in villages in this protected area which represent an investment of 5,7 MEUR with a co-financing of 80% by the Cohesion Fund during the period. After the receipt of this complaint, the European Commission contacted the Spanish Authorities who confirmed the existence of this problem. Apparently there had been a bad evaluation of the management and maintenance costs by the municipalities which had been entrusted with the management of the plants. The solution was an agreement among the municipalities and the province to share the costs. The Junta de Castilla y Leon (regional government) signed an agreement in 2007 to reinitiate the functioning of the plants with the province (Diputación) and the municipalities. As this agreement had not been implemented and the plants continued to be inoperative, the Commission contacted the Spanish authorities again in November In September 2009, the Commission received a letter from the Spanish Authorities (Department of Environment in the Regional Government of Castilla y León) stating that the water treatment infrastructure had become operational again after repair and renovation of equipment (needed after years of non functioning of the plants) with a budget of ,59. These renovation and works have been finalised in May 2009 and three months later, their management became the responsibility of the Diputación Provincial de León, through the Consortium of Urban solid waste. With the involvement of the Diputación Provincial de León in the management of the plants and the financing of 50% of the management costs by the Junta de Castilla y León, it seemed that the budget and management limitations of the municipalities, the main obstacle for the correct functioning of the water treatment process had been overcome and that these plants would operate again. The Commission wrote a letter to the plaintiff in order to close the complaint, but he plaintiff answered back stating that the plants were still not operating. The Commission wrote to the Spanish Authorities in January 2010 asking for evidence on the functioning of these plants. The Spanish authorities answered in May 2010 with technical reports stating that the majority of the plants are operational and that the operational costs of the functioning of the plants will be covered in half by the regional authorities (Junta de Castilla y León) and in half by the local authorities (in the case the municipalities cannot pay, the cost will be covered by the amount these local authorities receive periodically by its pertinence to the natural protected area). According to the Spanish authorities, the majority of the water treatment plants are operational again. However, there are still contradictions in the information provided by the Spanish authorities and the petitioner/plaintiff on the functioning of the water treatment plants. The Commission has asked, accordingly, the Spanish authorities to clarify the situation and to organise a visit to some of these water treatment plants. 6. Further Commission reply, received on 30 September 2011 (REV III) CM\ docx 5/7 PE v05-00

6 As announced in the previous communication, a fact finding mission was organised by Commission services in order to verify the functioning of a sample of water treatment plants. The mission to the Regional Park "Picos de Europa" took place from June 2011 to collect new evidence on the operation of the plants. A sample of 11 out of 58 water treatment plants was selected for the visit. The sample choice was based on the contradictory information provided by the regional authorities and circulating in the media on the functioning of the plants. Commission staff were accompanied by staff from the Consejería de Medio Ambiente de la Junta de Castilla y León and by the enterprise responsible for the maintenance of the Plants GERSUL (Consorcio Provincial para la Gestión de los Residuos Sólidos Urbanos de la Provincia de León). Regional authorities and GERSUL staff confirmed that some of the plants had remained in disuse for several years after their construction because the mayors of the municipalities concerned refused to take delivery of the plants. The underlying reason for this was their unwillingness to pay the maintenance costs of the plants. In order to remedy the situation, an agreement was signed in April 2007 between the Consejería de Medio Ambiente, GERSUL and the mayors of 13 localities in order to cover the maintenance costs of the plants for 5 years. The cost for the municipalities varies according to the number of inhabitants. The local authorities committed themselves in setting up a local decontamination and treatment tax in order to cover the maintenance costs. Since the signature of this agreement, the plants have been repaired in order to guarantee their correct operation. During the meeting, regional authorities provided the Commission services detailed technical documentation on the actual functioning of the plants and analytical data on the quality of effluents which has been assessed to check the compliance with the provisions of the Urban Wastewater Treatment Directive (UWWTD) 1, namely its Article 7, and the linkages with the fulfilment of requirements laid down by the Habitats 2 and Water Framework 3 directives. The following conclusions can be drawn after the analysis of the information available (including data provided by the regional authorities on the spot): - There is every reason to consider that the provisions laid down by the UWWTD are duly complied with; - analytical information provided indicates that water is collected and treated and the levels of quality for the effluents being discharged indicate that secondary treatment is actually being provided, although only two of the agglomerations (Prioro and Riaño) are legally required to do so; 1 Council Directive of 21 May 1991 concerning urban waste water treatment (91/271/EEC) 2 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora 3 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy PE v /7 CM\ docx

7 -a system of maintenance and control is in place in order to ensure the correct operation of the water treatment plants; -no eutrophication problems have been detected (the proposed River Basin Management Plan for the Duero River indicates that concerned waters are considered in a good state and this situation is likely to be maintained in the future); -no water dependent species and habitats of Community interest are considered to be in an "average or reduced" conservation status (as described in the relevant Natura 2000 standard data forms). No detrimental effect by water pollution (including eutrophication) would therefore be taking place in the area. Conclusion All eleven plants visited during the mission were operating correctly and providing treatment that complies with the provisions of the Urban Wastewater Treatment Directive (UWWTD), as well as with the requirements laid down by the Habitats and Water Framework directives. The Commission services consider that the sampling is robust enough to believe that the conclusions above can be generalised to the rest of the plants (47 not visited). 7. Commission reply (REV IV), received on 22 September 2017 As indicated in a previous communication, the agglomerations of concern in this mountainous area are too small to have reporting obligations under the Urban Wastewater Treatment Directive (UWWTD) and are indeed not regulated under the UWWTD. The Commission therefore has no information about the current performance of the treatment plants. The Commission notes that the site-specific conservation and management plan of the Special Conservation Area "Picos de Europa"/"Picos de Europa en Castilla y León" acknowledges that shortcomings concerning urban waste water treatment have been identified in certain municipalities of this area and it foresees measures in support of appropriate waste water treatment systems in accordance with the social and economic needs of the site. Conclusion As the Commission has received no further information about the performance of these plants, it cannot further update the petitioner. CM\ docx 7/7 PE v05-00