Question écrite de
Mme Sira REGO
-
Commission européenne
Subject: Major threats to the conservation of the Urdaibai Estuary Biosphere Reserve and possible influence peddling with EU funds
The Natura 2000 area of the Ría de Urdaibai (SAC and SPA ES000014 and the only Basque Biosphere Reserve) is not only facing serious conservation problems connected with climate change, with water scarcity and with shortcomings in conservation plans; in recent times, the authorities have also signed a ‘comprehensive action protocol’ which provides for the construction of a museum in the heart of that area1.
A large number of neighbourhood and environmental associations, grouped together under the ‘Zain Dezagun Urdaibai’ platform2 complain that the project poses a major threat as it will cause permanent and irreversible damage, mainly through tourist overcrowding (140 000 visitors per year).
In addition to environmental damage, concerns have been raised about possible cases of influence peddling: some of the activities and works are supposedly being carried out by companies connected with people that have direct links to the authorities3.
1. Is the Commission up to date on this matter and does it believe it is right that the human pressure on Urdaibai is set to increase?
2. Does it intend, on the grounds that the project could constitute a breach of directives 2009/147/EC, 2011/92/EU and 2003/35/EC, among others, to investigate this matter?
3. Given that, owing to the direct relationship between construction companies and the people linked to the authorities or to the ruling party in the Basque Country, this project has been identified as a possible case of corruption, what position would the Commission take on any applications for EU funds for it?
1 https://www.miteco.gob.es/es/prensa/ultimas-noticias/el-miteco-firma-un-protocolo-de-actuaci%C3%B3n-con-
la-diputaci%C3%B3n-de-bizkaia-para-impulsar-el-proyecto-de-ampliaci%C3%B3n-del-museo-guggenheim- en-bilbao/tcm:30-543533.
2 http://zaindezagunurdaibai.blogspot.com/.
3 https://www.elsaltodiario.com/cambio-climatico/teresa-ribera-impulsa-expansion-guggenheim-reserva-
urdaibai.
Answer given by Mr Sinkevičius on behalf of the European Commission (14 November 2022)
1. The Commission is not aware of the details of this project and has no basis to express a position on the pressures that the project will pose on the site.
2. Under the Habitats Directive (4), Member States shall take measures to avoid, in Natura 2000 sites, the deterioration of natural habitats and the habitats of species as well as significant disturbance of the species for which the areas have been designated. In addition, any project likely to have a significant effect on Natura 2000 sites shall be subject to appropriate assessment of its implications for the sites. The competent authorities shall agree to the project only after having ascertained that it will not adversely affect the sites (5).
Moreover, construction of museums may potentially be considered urban development projects under Annex II of Directive 2011/92/EU (6). Member States have to determine if the project shall be subject to an assessment based on the criteria of Annex III of the directive, including the location of the project on Natura 2000 sites. If it is decided that the project will have significant effects on the environment, an assessment has to be carried out.
Lastly, the EU is Party to the Aarhus Convention, that requires effective public participation regarding projects, plans and programmes with significant impact on the environment. These obligations are set out, among others, in Directive 2003/35/EC (7). Without prejudice to the Commission’s role as guardian of the Treaties, Member States are primarily responsible to ensure compliance with EU law in particular the provisions above-mentioned.
3. Based on the information available, the Commission cannot express a position on a possible future application of EU funds.
⋅1∙ https://www.miteco.gob.es/es/prensa/ultimas-noticias/el-miteco-firma-un-protocolo-de-actuaci%C3%B3n-con-la-diputaci%C3%B3n-de-bizkaia-para-impulsar-el-
proyecto-de-ampliaci%C3%B3n-del-museo-guggenheim-en-bilbao/tcm:30-543533. ⋅2∙ http://zaindezagunurdaibai.blogspot.com/.
⋅3∙ https://www.elsaltodiario.com/cambio-climatico/teresa-ribera-impulsa-expansion-guggenheim-reserva-urdaibai.
⋅4∙ 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.
⋅5∙ Without prejudice of Article 6(4) of the Habitats Directive provisions.
⋅6∙ 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.
⋅7∙ Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans
and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC — Statement by the Commission, OJ L 156, 25.6.2003, p. 17‐25.