Construction of a motorway in the region of El Jable (Lanzarote)

Subject: Construction of a motorway in the region of El Jable (Lanzarote)

The island of Lanzarote was declared a Biosphere Reserve by UNESCO in 1993. It is home to the El Jable area, named after the sand of organogenic origin and the area's emblematic yellowish soil. The El Jable corridor includes parts of Natura 2000 network special protection area such as the northern Lanzarote islets and the Riscos de Famara.

The Canary Islands government intends to build an 8-km, six-lane motorway under the pretext of improving transport links between the airport and the Dr José M. Orosa Hospital, a journey that current takes eight minutes. The project will use up 345 800m2 of rural land and jeopardise the habitat of various endangered birds from the Canary Islands.

In the light of the above:

1. Is the Commission aware of the call for tenders for devising the project to build this motorway in the El Jable area?

2. What is the Commission's view of the construction of this piece of infrastructure in a protected area in the Natura 2000 network?

3. What action does the Commission intend to take to enforce compliance with EU regulations and respect for EU conservation areas on the island of Lanzarote?

Submitted:12.6.2023

Answer given by Mr Sinkevičius on behalf of the European Commission (1 August 2023)

The Commission was not aware of the call for tenders for devising this project.

The Commission cannot identify a Natura 2000 site between the airport in Lanzarote and the Hospital. However, the Habitats Directive (1) requires that any plan or project, inside or outside a Natura 2000 site, likely to have a significant effect on a Natura 2000 site shall be subject to an appropriate assessment of its implications for the site in view of the site’s conservation objectives. The plan or project can be authorised only after having ascertained that it will not adversely affect the integrity of the site (2).

Under the Birds Directive (3), Member States authorities shall take measures to preserve, maintain or re-establish a sufficient diversity and area of habitats for all the species of birds protected under the directive.

Member States shall also ensure that the strict protection regime under both Directives is respected.

In addition, the Environmental Impact Assessment (EIA) Directive (4) requires that, before consent is given, projects likely to have significant effects on the environment be made subject to an assessment of their environmental effects (5).

The EIA Directive provides for specific review procedures to challenge the substantive or procedural legality of decisions, acts or omissions subject to its public participation provisions.

Moreover, without prejudice to the Commission’s role as guardian of the Treaties, isolated instances of possible wrongful application of EU law are usually dealt with more effectively by national redress bodies closer to those affected by the infringement.

1 ∙ ⸱ Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7‐50.

2 ∙ ⸱ Without prejudice of Article 6(4) provisions.

3 ∙ ⸱ Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, OJ L 20, 26.1.2010, p. 7‐25.

4 ∙ ⸱ Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on

the environment. OJ L 26, 28.1.2012, p. 1‐21, as amended by Directive 2014/52/EU of 16 April 2014 — OJ L 124, 25.4.2014, p. 1‐18. 5 ∙ ⸱ Projects for the construction of motorways and express roads are referred to in Point 7 b) of Annex I. In turn, the projects for the construction of roads (not included

in Annex I) are mentioned in Point 10 e) of Annex II to the EIA Directive.