Committee on Petitions NOTICE TO MEMBERS

Transcription

1 EUROPEAN PARLIAMT Committee on Petitions NOTICE TO MEMBERS Subject: Petition 1360/2009 by J. M. C. R. (Spanish), on behalf of the Asociacío per l'estudi de la natura d'anoia, on the Odena Basin development plan Petition 1578/2009 by J.B. (Spanish), on behalf of the Salvem l Anoia association, on the Conca d Odena development plan Petition 1632/2009 by Ramón Serra Rovira (Spanish), on behalf of the Association of Rural Property-Owners, concerning the Conca d'odena general urban development plan 1. Summary of petition 1360/2009 The petitioner objects to the Odena Basin development project approved by the Catalan regional government on the grounds that the public was not consulted when the project was drawn up, thereby infringing Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information. In addition, the project is seriously flawed by failure to carry out an environmental impact survey, thereby infringing Directive 2001/42/EC of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment. Summary of petition 1578/2009 The petitioner maintains that the Conca d Odena general urban development plan has failed to comply with requirements regarding public access to environmental information (Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information) and contains serious shortcomings regarding CM\ doc PE v02-00 United in diversity

2 environmental sustainability with regard to groundwater resources which are, according to the petitioner, being overused. Summary of petition 1632/2009 The petitioner maintains that the Conca d'odena general urban development plan fails to comply with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and points to a number of serious shortcomings regarding environmental sustainability with regard to groundwater resources, maintaining that they are being over-exploited. He also expresses concern at failure to take proper account of the farming and stockbreeding sectors. 2. Admissibility Petition 1360/2009 Declared admissible on 6 January Information requested from Commission under Rule 202(6). Petition 1578/2009 Declared admissible on 15 February Information requested from Commission under Rule 202(6). Petition 1632/2009 Declared admissible on 22 February Information requested from Commission under Rule 202(6). 3. Commission reply, received on 24 June In these three very similar petitions, concerns are being raised regarding the Conca d'òdena urban development master plan, in the province of Barcelona, in the Autonomous Community of Catalonia, Spain. The petitioners point to a number of shortcomings regarding the future environmental sustainability of this area consisting of eleven municipalities, taking into account the enormous urban growth foreseen in this plan, with regard to groundwater resources, air quality, landscape, heritage, etc. They also express concern at the failure to take proper account of the farming and stock breeding sectors. The petitioners explain the background of this plan, which has finally been approved by the regional Government in They refer to serious contradictions between the contents and objectives of the plan, in addition to deficiencies in the approval procedure. They highlight the possible bad application of the EU environmental law in this case, in particular in terms of environmental impact assessment and public participation. The Commission's comments on the petitions The Commission has examined the information provided by the petitioners in light of the PE v /5 CM\ doc

3 European Union (EU) law that might be applicable to this case. It should be noted that, depending on the characteristics of the urban development plan in question, Directive 2001/42/EC 1 on the assessment of the effects of certain plans and programmes on the environment (known as the Strategic Environmental Assessment or SEA Directive), or Directive 85/337/EEC 2 as amended on the assessment of the effects of certain public and private projects on the environment (known as the Environmental Impact Assessment or EIA Directive), could be applicable. The petitioners mention that an effective public participation was not allowed for, thereby infringing Directive 2003/4/EC 3. This directive deals with public access to environmental information, not on public participation in decision-making in environmental matters. In effect, it provides that Member States ensure that public authorities, in the meaning of Article 2.2, are required to make available environmental information held by or for them to any applicant at his request and without his having to state an interest. This implies that an application was submitted. According to the information contained in the petitions, it does not appear that any application was submitted. Therefore, the reference to Directive 2003/4/EC is not relevant in the present context. From the environmental point of view, public participation in the decision making process is foreseen within the framework of the SEA or EIA procedures. According to the information provided by the petitioners, a sort of environmental impact assessment was carried out by the regional authorities before approval of the development urban plan in question. Conclusions The Commission has requested information from the competent Spanish authorities concerning compliance with the relevant requirements under EU environmental law in this case. In particular, the Commission has asked the Spanish authorities how they have applied the provisions of the SEA or EIA Directive. 4. Further Commission reply, received on 03 March 2011 (REV) Further to these petitions and to parliamentary question E-5376/09, the Commission contacted the Spanish authorities to ask them for their comments on the allegations made and on the application of the obligations arising from EU environmental law in the case at issue. In response to the Commission's request, the Spanish authorities forwarded the report prepared by the Autonomous Community of Catalonia on the subject. 1 OJ L 197, Directive 85/337/EEC (OJ L 175, ) as amended by Directive 97/11/EC (OJ L 073, ), Directive 2003/35/EC (OJ L 156, ) and Directive 2009/31/EC (OJ L 140, ). 3 OJ L 41, CM\ doc 3/5 PE v02-00

4 In summary, the regional authorities explain the characteristics of the urban development plan Plan Director Urbanístico de la Conca d'òdena, concerning 11 municipalities in the province of Barcelona, in the Autonomous Community of Catalonia. The regional authorities describe the various administrative procedures adopted, in addition to the measures taken to ensure the correct application of the obligations arising from EU environmental law. The Spanish authorities also refer to the current status of the plan, which is already in operation. They indicate that administrative appeals have been brought against the plan, which are currently pending before the Spanish courts. The regional authorities explain that the Department of Planning and Public Works began preparing the plan on 7 March 2003 and that consequently Directive 2001/42/EC 1 may not apply. In fact, according to Article 13(3), the directive applies to plans and programmes of which the first formal preparatory act is subsequent to 21 July 2004 (the date on which the directive came into force). However, the directive applies to plans and programmes of which the first formal preparatory act is before that date and which are adopted or submitted to the legislative procedure more than 24 months thereafter, unless Member States decide on a case by case basis that this is not feasible and inform the public of their decision. It should be noted that provisional approval of the plan was only issued later. Consequently, given the transitional arrangements envisaged by the directive and by Law 9/2006 transposing it in Spain, the competent regional authorities have decided to subject the plan to a strategic environmental assessment procedure. The regional authorities emphasise that the plan was adopted in accordance with all applicable sector and environmental legislation. It should be noted that following its initial approval by Barcelona's Regional Committee, the draft plan underwent three public consultation procedures over a period of 45 days, with announcements published in the Official Journal of the Autonomous Community of Catalonia, as well as in various regional newspapers, in September 2006, October 2007 and August In addition, the various authorities and administrations concerned were consulted about the draft plan. It emerges from the documents that the environmental authorities played an important role. In fact, the environmental report resulted in various changes being made to the draft plan, with a series of environmental conditions being imposed. The protection of the three Natura 2000 sites, which are partly affected, has in particular been provided for, taking into account the obligations arising from EU directives on nature conservation: Directives 79/409/EEC 2 (Birds) and 92/43/EEC 3 (Habitats). In addition, an environmental monitoring plan has also been proposed. 1 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment. OJ L 197, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds. Text codified by Directive 2009/147/EC of 30 November 2009, OJ L 20, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. OJ L 206, PE v /5 CM\ doc

5 It should be noted that the Regional Department of Planning and Public Works finally approved the plan by decision of 19 December This final approval of the plan was published in the Official Journal of the Autonomous Community of Catalonia (DOGC) No 5314 of 9 February 2009 (pp ). A copy of this publication was attached to the reply. The plan is therefore operational. It emerges from an examination of the case that Directives 2001/42/EC, 79/409/EEC and 92/43/EEC were followed in this case. In addition, administrative appeals 387/2009 and 394/2009 against this plan are pending before the Supreme Court of Justice of Catalonia. Conclusions The Commission has examined the arguments and information supplied by the petitioners in relation to the plan in question, in the light of the applicable EU environmental law, taking into account the response of the Spanish authorities and all the information available on the subject. In conclusion, the Commission's examination of the file has not led it to conclude that the applicable EU environmental legislation has been infringed. In any event, it should be noted that the regional development plan in question is the subject of two administrative appeals pending before the competent Spanish court, which may also rule on the legality of the project from the point of view of national and EU law. There is therefore no reason for the Commission to take further action in this case. CM\ doc 5/5 PE v02-00