Shortcomings of the preventive aspects of EU legislation with respect to fracking — the case of Riudaura

24.4.2013

Question for written answer E-004597-13
to the Commission
Rule 117
Maria Badia i Cutchet (S&D) , Raimon Obiols (S&D) , Andrés Perelló Rodríguez (S&D)

The Commission is receiving a steady stream of petitions and complaints from all over the EU regarding gas extraction projects employing the method known as fracking. Parliament, in its resolution of November 2012, asked the Commission to compile further information on the negative implications posed by this extraction technique for health and the environment before undertaking any kind of legislative initiative.

One extraction project currently in progress is in the Catalan municipality of Riudaura, where strong public opposition to the use of fracking echoes the concerns of many European citizens.

In early documents referring to this technique, the Commission cited as a positive example the deployment of fracking operations in certain regions of the United States, disregarding the fact that this model is not exportable to the European Union due, among other reasons, to the different morphological features of the ground and the possible repercussions on the soil and adjoining aquifers. Given that it seems the Commission has doubts about the need to ban fracking and has even expressed the view on one occasion that current environmental legislation prevents the potential risks of this practice:

Does the Commission consider that, far from implementing the precautionary principle, an aquifer must first be contaminated or extractive waste mismanaged before directives such as 2006/18/EC (groundwater) or 2004/35/EC (waste from extractive industries) can be invoked in relation to fracking operations?

Does the Commission consider it sufficient that wells similar to those already existing in Riudaura (to depths of more than 2 500 m) are subject to environmental assessment only at the discretion of the Member States, or does the Commission think that fracking operations should be moved to Annex I of Directive 2011/92/EU as part of the current review process?

Given that projects such as the one in Riudaura can be directly approved by the Government of Catalonia, with all the associated implications for the population, does the Commission not think that such practice might be in conflict with Directive 2003/35/EC on public participation?

Is the Commission aware that fracking could have grave consequences for Alta Garrotxa, a Natura 2000 protected area?

OJ C 35 E, 06/02/2014