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28.12.

2000 EN Official Journal of the European Communities C 374 E/155

What measures will the Commission take to ensure that Community rules are complied with and the area
is restored to its previous state, before the construction of the quay and the chemical and oil storage tanks
in the port of Vilagarcia de Arousa, and to prevent the start or continuation of an operation which would
be hazardous and seriously detrimental to fishing, shellfish farming and tourism, which represent the main
source of income for people on the estuary and, indeed, throughout Galicia?

(1) OJ L 175, 5.7.1985, p. 40.

Joint answer
to Written Questions P-0790/00 and E-0804/00
given by Mrs Wallström on behalf of the Commission

(5 April 2000)

With regard to Council Directive 85/337/EEC (1) of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment, it should be noted that Article 2 thereof provides
that projects likely to have significant effects on the environment by virtue of their nature, size or location
must be made subject to an assessment with regard to their effects before authorisation is granted. This
provision applies to projects of the classes listed in Annexes I and II to the Directive.

As regards the facilities to which the Honourable Member refers, Annex I, point 8 includes trading ports,
inland waterways and ports for inland waterway traffic which permit the passage of vessels of over
1 350 tonnes. Annex II, point 10 (d) includes the construction of ports (including fishing harbours) not
listed in Annex I. Annex II, point point 6 (c) mentions storage facilities for petroleum, petrochemical and
chemical products. Under the terms of Article 4 projects of the classes listed in Annex I must be made
subject to an environmental impact assessment. Projects of the classes listed in Annex II must be made
subject to an assessment where Member States consider that their characteristics so require.

Article 3(1) of Council Directive 97/11/EC (2) of 3 March 1997 amending Directive 85/337/EEC provides
that Member States must comply with the Directive by 14 March 1999 at the latest. However, under
Article 3(2) if a request for authorisation is submitted before 14 March 1999 the provisions of Directive
85/337/EEC prior to the amendments continue to apply. It should be noted that the Commission
automatically takes action whenever a Member State fails to communicate national implementing measures
by the given deadline, under the terms of Article 226 (ex Article 169) of the EC Treaty. As no official
communication has been received, a reasoned opinion has just been sent to Spain regarding Directive
97/11/EC.

At all events, as guardian of the Treaties the Commission will take the necessary measures to ensure that
Community law is complied with in the case in question. With regard to the possibility that the two
projects concerned were cofinanced, the Commission has requested information from the Spanish
authorities.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2000/C 374 E/184) WRITTEN QUESTION P-0791/00
by Christos Folias (PPE-DE) to the Commission

(9 March 2000)

Subject: Early Retirement from Farming Programme

The Greek Government has drawn up a table of minimum sizes of agricultural holdings for selecting Greek
farmers for inclusion in the ‘Early Retirement from Farming Programme’ under Regulation (EEC)
No 2079/92.