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The European Commission proposed a sanction for the works of the M-501

Friday 2 January 2009, by sods

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MDO / E.P. - Photographs: Javier Prieto

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The European Commission has proposed to the European Court of Justice condemned Spain to a fine stemming from the economic costs of the judicial process opened by the work carried out by the Community of Madrid for splitting the M-501, two failed to understand that environmental directives by failing to assess the impact of work on the natural habitat.

The request is included in the application submitted by the Community Court of Justice to determine whether the Government of Esperanza Aguirre disregarded the agreed work plan to develop the work of the M-501. The project that gave the Regional Executive Committee included the undertaking of an environmental impact study.

Sources of the Community of Madrid explained that the demand is focused on applying a sanction "purely economic" for possible breaches of European regulations on environmental issues during the process to implement the M-501 since it began doubling in tranches in 1999. In addition, they indicated that the Commission rejects request the adoption of environmental measures on the road.

The European Commission announced last summer his intention to go to the European Court after learning that the Community of Madrid had appealed the ruling by the High Court of Madrid (TSJM) which declared invalid the administrative act, which approved the implementation of " second tranche of the works by not having the mandatory environmental impact assessment. Nevertheless, the regional government went ahead with the works, which ended last summer.

The announcement marked the breaking of complaint by the Commission that it had an agreement with the Autonomous Executive to assist in the execution of work. In response, the Community appeared before the European Parliament and the Petitions Committee requested the continuation of the agreement.

In the agreement, the Government was committed to writing Aguirre before a 2008 environmental study for the whole of the highway, including its continuation to the limit of the province. The study was submitted to the Commission last December.

Unfulfilled Directives

In their complaint, the Commission states that the Community of Madrid failed Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain projects on the environment.

It also jumped Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and the wildlife with respect to the special protection area for birds’ oak Alberche River and River cofi. In addition, it broke this rule with respect to the proposed site as a site of ’Guadarrama River’ and ’basins of the rivers and Cofi Alberche.

In the court document, the Commission explained that the Spanish authorities "have not conducted the required environmental impact assessment" or have done so "without complying with the requirements of Directive 85/337/EEC.

In addition, it indicates that the environmental impact statement of April 2, 1998 "does not evaluate the indirect effects of the duplication of the section 1 (Alcorcón crossing the M-522) from the M-501 on environmental values and it demonstrated that the assessment of the impact of a doubling of the section 2 (junction with the M-522 to Navas del Rey) is not complete. "

Calls a new environmental study

In this regard, the Commission notes that the absence of an environmental impact assessment for the new project on the section 2 "is not defined within this procedure any corrective action" and therefore a need for further assessment environmental impact, taking into account the cumulative effects of this project and other projects involving the M-501. "

On the other hand, stressed that given the absence of adequate protective measures, the implementation of separate projects related to duplication and packaging of the sections 1, 2 and 4 "is a threat to the ecological interest of the proposals for attractions Community (pSCIs) ’Guadarrama River’ and ’Basin rivers and Cofi Alberche.

"With this action threatens the integrity of the species in the locations identified in the relevant official forms in the Natura 2000 network and their habitats," the Commission.

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