European Parliament
2014-2019
Committee on Petitions
31.3.2017
NOTICE TO MEMBERS
Subject:
Petition 0371/2006 by José Francisco Fernández Gatón (Spanish), on behalf
of the Plataforma Filón Verde, on the threat to areas of Community interest
from new mining projects in Castilla y León
Petition 0388/2006 by E.M.G.M. (Spanish), on the incompatibility with
Directives 92/43/EC and 97/11/EC of opencast mining in the area of
Community interest ‘Alto Sil’
Petition 0175/2007 by Manuel Rodríguez Barrero (Spanish), against opencast
mining by a mining and steel-making company in Villablino (Léon)
1.
Summary of petition 0371/2006
The petitioner maintains that several areas of Community interest that are also designated as
special protected areas for birds are threatened by new opencast coal mining projects in
Castilla y León, and moreover that there were irregularities in the environmental impact
assessment of this project. The association has had certain approval procedures in the upper
court in Valladolid temporarily suspended; further decisions were still pending when the
petition was submitted.
Summary of petition 0388/2006
The petitioner complaints that underground mining in the river basin of the Sil in
Castilla y Léon is being replaced increasingly by opencast mining which is irreversibly
damaging the landscape. Restoration measures are insufficient or non-existent. Furthermore,
the environmental compatibility studies are incomplete and falsified.
Summary of petition 0175/2007
The petitioner states that Ponferrada SA, a mining and steel-making company, is continuing to
work an open pit on a site within the Sierra de Ancares protected area, which receives LIFE
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Community funding. He is appealing for the assistance of the European institutions in view of
Spain’s failure to comply with the Habitats Directive (he quotes from the opinion delivered by
the Commission in connection with procedure 2001/4914). In addition, the pit has nothing in
the way of an environmental permit or planning permission, nor has it been the subject of an
environmental impact assessment: that is why there have been two rulings calling for its
closure and an end to this mining operation.
2.
Admissibility
Petition 371/2006 declared admissible on 21 September 2006, petition 0388/2006 declared
admissible on 22 September 2006, petition 0175/2007 declared admissible on 13 June 2007.
Information requested from Commission under Rule 216(6).
3.
Interim Commission reply, received on 28 February 2007.
Petitions Nos 371/2006 and 388/2006 concern a number of proceedings under way for the
authorisation of opencast mines located in the municipalities of Villablino and Cabrillanes in
the Laciana valley situated in the province of León in the Spanish autonomous community of
Castilla y León, which could affect sites intended for inclusion in the Natura 2000 network.
According to the petitioner, these new projects would affect the Special Protection Area
(SPA) for birds designated by the Spanish authorities under Council Directive 79/409/EEC1
on the conservation of wild birds and the 'Alto Sil' area of Community interest (ACI) referred
to in the Commission decision concerning the Atlantic biogeographical region adopted in
January 2004 pursuant to Directive 92/43/EEC2 on the conservation of natural habitats and of
wild fauna and flora.
The petitioners express concern at the possible major impact of these projects on habitats and
priority species and their cumulative effect.
Commission's observations
The Commission is currently investigating complaint 2001/4194 concerning possible noncompliance with Community environmental legislation when authorising the two mining
concerns referred to above with regard to environmental impact assessment requirements
under Council Directive 85/337/EEC3 on the assessment of the effects of certain public and
private projects on the environment as amended by Directive 97/11/EC and Directive
2003/35/EC and the requirements of Directive 92/43/EC on the conservation of natural
habitats and of wild fauna and flora.
This has been the subject of correspondence between the Commission and the Spanish
authorities concerning the possible effects of these mining concerns on habitats and priority
species and the corrective and compensatory measures to be adopted by the Spanish
authorities to minimise the impact thereof. These documents are currently being scrutinised
by the Commission.
1
OJ L 103, 25.4.1979.
OJ L 206, 22.7.1992.
3
OJ L 175, 5.7.1985.
2
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The Commission will keep the Committee on Petitions informed of further developments.
4.
Commission reply (in relation to petitions 371/2006, 388/2006 and 175/2007),
received on 26 September 2008
In February 2008 the Commission approved a supplementary letter of notice confirming the
possible cumulative effects of opencast mining on the habitats and protected species of the
‘Alto Sil’ Natura 2000 area. The Spanish authorities’ reply was received on 14 May 2008.
A delegation from the Commission’s Environment Directorate-General also carried out an
inspection of the site in May 2008 to confirm the extent of environmental damage likely to be
caused by the mining projects in question. Analysis of the information gathered during that
visit appears to confirm that there could be significant effects on those aspects of the ‘Alto
Sil’ site which led to its designation as an ACI.
The Commission will keep the Committee on Petitions informed of further developments.
5.
Further Commission reply (in relation to petitions 371/2006, 388/2006 and
175/2007), received on 19 February 2010
The most recent decision by the Commission on this matter, adopted in June 2009, refers the
Kingdom of Spain before the Court of Justice of the EU on the ground of inadequate
assessment of the possible cumulative effects of a number of opencast mining operations on
habitats and protected species in the ‘Alto Sil’ Natura 2000 site.
6.
Further Commission reply (REV. III), received on 16 November 2011
On 20 October 2009, the Commission brought a legal action against Spain (Case C-404/09)
regarding the existence of various open-cast coal mines likely to affect the natural assets of the
area proposed as the 'Alto Sil' Site of Community Interest (ES0000210), situated in the province
of León in the north-east of the Autonomous Community of Castilla y León.
The Commission has taken the view that, as regards the Environmental Impact Assessment
Directive1, the authorities did not take into account the possible indirect, cumulative or
synergistic effects of the mines on the most vulnerable species.
As regards the Habitats Directive2, the Commission considers that there has been no appropriate
assessment of the possible impact on the capercaillie and brown bear species, within the
meaning of Article 6(3) of the directive.
Following the conclusion of the written procedure before the Court, the Commission is now
waiting for the European Court of Justice to deliver its judgement in this case.
7.
Further Commission reply (REV. IV), received on 30 April 2013
1
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private
projects on the environment, as amended by Directive 97/11/EEC (OJ 1985 L 175, p. 40).
2
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora (OJ 1992 L 206, p. 7).
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Petitions 371/2006, 388/2006 and 175/2007
On 24 November 20111 the Court of Justice of the European Union declared the failure by
Spain to comply with the EIA and Habitats Directives regarding the authorisation of several
open-cast coal mines without an appropriate assessment of their impacts on a Natura 2000 site
(Alto Sil) designated as a special protection area for birds (SPA) and as a site of Community
importance under the Habitats Directive. The CJEU also declared that Spain failed to adopt
the necessary measures to prevent the deterioration of habitats and the disturbance of the
habitats of species (brown bear and capercaillie).
In execution of the judgement, Spain has cancelled the permits of the mines in operation
(except Fonfria) and has announced the forthcoming restoration of all the concerned mines.
As regards the continuation of the mining activity in Fonfria, the authorities have granted the
project developer a new licence for the ordered closure of the exploitation with a view to
complete its required restoration.
The Commission is currently assessing the scheduled restorations and the adoption of
mitigation measures together with the conditions set out in the licence for the phasing out of
the Fonfria mining activity.
The outcome of this assessment will determine any future steps regarding the full
implementation of the Court judgement.
8.
Further Commission reply (REV. V), received on 31 January 2014
In execution of the European Union Court of Justice judgement of 24 November 2011 in Case
C-404/09, Spain has informed the Commission that, so far, mining activity in the area covered
by the ruling has stopped, since the mining permits have either expired or been annulled. The
only remaining permit for the "Fonfría" mine is likely to be the subject of a decision once the
liquidation process of the mining operator has been settled.
With regard to the restoration of the mines, the authorities have reported that the restoration of
the mines "Feixolín"; "Salguero-Prégame-Valdesegades" and "Fonfría" has not yet ended; in
"Ampliación del Feixolín" and "Nueva Julia" it has not even started; and for the mine
"Ladrones", restoration is not needed as mining activity never started.
Therefore, on 21 November 2013, the Commission sent Spain a Letter of Formal Notice on
the grounds that the latter has not taken all the necessary measures to comply with the
judgement in Case C-404/09, and as such has failed to fulfil its obligations under Article
260(1) of the Treaty on the Functioning of the European Union.
9.
Further Commission reply (REV. VI), received on 27 May 2014
Petitions 371/2006, 388/2006 and 175/2007
In reply to the Letter of Formal Notice of 21 November 2013 in Case C-404/09, Spain has
informed the Commission that, further to the liquidation process of the mining operator, the
regional government has approved and started the subsidiary implementation of the
1
Case C-404/09.
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outstanding restoration of the "Feixolín", "Ampliación del Feixolín" and "Salguero-PrégameValdesegades" mining exploitations and expect to also approve the restoration project of the
"Fonfría" exploitation in order to start the implementation works by June 2014.
Finally, as regards the mine "Nueva Julia", the authorities would wait until the adjudication of
the assets of the mining operator to proceed with the restoration either by the Administration
or by the beneficiary of a potential future mining project.
The Commission will continue monitoring the restoration until its completion in all the
exploitations concerned.
10.
Further Commission reply (REV. VII), received on 31 March 2017
Petitions 0371/2006 and 0175/2007
In reply to the Letter of Formal Notice of 21 November 2013 in Case C-404/09, Spain is
regularly reporting to the Commission on the measures taken to comply with the terms of that
judgment.
To date, the restoration works have ended in the mining exploitations "Feixolín", "Ampliación
del Feixolín" and "Salguero-Prégame-Valdesegades", and are ongoing regarding "Fonfría"
(completion expected by the end of 2017).
With regard to the last and biggest open-cast mining exploitation ("Nueva Julia"), the
approval of the project is scheduled by the first half of 2017. Only then restoration could start,
with a planned duration of 30 months of effective work.
The Commission will continue monitoring the restoration until its completion in all the
exploitations concerned.
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