Question écrite de
M. Manu PINEDA
-
Commission européenne
Subject: Urban development plan for Alboraia, Valencia
The town council in Alboraia (Valencia, Spain) is looking to carry out a town planning project on the basis of an urban development plan (PGE) drawn up without consulting the public. If completed, the project would destroy large swathes of the traditional market gardens that surround the town. The project breaches Articles 6 to 8 of the Aarhus Convention (Decision 2005/370/EC) on public participation in decision-making and Directive 2003/35/EC of 26 May 2003 providing for public participation in respect of the drawing-up of certain plans and programmes relating to the environment. The PGE in question also breaches Directive 2011/92/EU of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, as well as the Dobris Assessment on landscapes requiring protection, which was drawn up by the European Environment Agency, and which the Spanish Government has signed.
In the light of the foregoing:
Is the Commission intending to warn the authorities responsible for the project in question of the penalties that can be imposed in the event of a failure to comply with the legislation referred to above?
Will the Commission call for the project to be halted?
Answer given by Mr Sinkevičius on behalf of the European Commission (16 April 2020)
Directive 2003/35/EC (1) contributed to the implementation of the obligations arising under the Århus Convention by providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment as well as by improving the public participation and providing for access to justice in the course of assessment of the effects of certain public and private projects on the environment.
Town planning or land use plans, that set the framework for future development consent of projects listed in Annexes I and II to the Environmental Impact Assessment (EIA) Directive (2), must be subject to an environmental assessment in accordance with Directive 2001/42/EC (3) (SEA Directive) if they are likely to have significant environmental effects. For urban development projects listed under Point 10 b) of Annex II to the EIA Directive, Member States must determine whether an environmental impact assessment is necessary prior to granting development consent.
Members of the public concerned in Spain that consider that the above provisions of the EIA Directive have been infringed may challenge the substantive or procedural legality of administrative decisions, acts or omissions. The Commission considers this is the most appropriate mechanism to deal with the issues raised by the Honourable Members, as only national courts (4) may issue interim orders to suspend an ongoing project.
The ‘Dobris Assessment’ is a major report on the state of the environment in nearly 50 European states prepare d (5) for the European Environment Agency. As such, it is not part of EC law and the Commission has no power to oversee the application of its recommendations by the signatories.
⋅1∙ 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. The initial Directive of 1985 and its three amendments have been codified by Directive 2011/92/EU — OJ L 26, 28.1.2012, p. 1‐21, which in turn has been amended by Directive 2014/52/EU — OJ L 124, 25.4.2014, p. 1‐18. ⋅2∙ Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment — OJ L 175, 5.7.1985,
p. 40‐48. This directive of 1985 has been amended other two times, in 1997 and in 2009. The initial Directive of 1985 and its three amendments have been codified by 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 (Text with EEA relevance), OJ L 26, 28.1.2012, p. 1‐21. In turn, Directive 2011/92/EU has been amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (Text with EEA relevance), OJ L 124, 25.4.2014, p. 1‐18.
⋅3∙ 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, 21.7.2001, p. 30‐37.
⋅4∙ Or the Court of Justice of the EU, under Article 279 of the Treaty on the Functioning of the European Union.
⋅5∙ By the Commission Task Force, in cooperation with the United Nations Economic Commission for Europe (UNECE), United Nations Environment Programme
(UNEP), Organisation for Economic Cooperation and Development (OECD), Council of Europe, World Health Organisation (WHO), International Union for Conservation of Nature (IUCN) and Eurostat, together with the individual countries of Europe.