DISCURSO A LA COMISIÓN DE PETICIONES DEL PARLAMENTO EUROPEO

EN RELACIÓN A LA PETICIÓN DE “VEÏNS DE PARCENT”

 

28th November 2006

 

I would like to thank the petitions committee for giving us the opportunity to present our case.

 

My name is Jacqui Cotterill. I speak as the president of ‘Veins de Parcent’, an association of Spanish and European residents formed expressly to fight the disastrous developments proposed by Parcent Town Hall and part of a growing social protest movement across Spain.

 

These proposed developments consist of three integrated action plans, known as PAIs and the proposed  draft of a General Plan known as a ‘concierto previo’,which was designed specifically for the promotion of the PAIs. The PAIs were provisionally approved by Parcent Town Hall 2 days before the LRAU was replaced by the new Valencian urbanising law LUV.The ‘concierto previo’ was approved by decree in July. They allow for the building of 1800 houses on the mountainsides around Parcent, a village of just a thousand inhabitants. The ‘concierto previo’ goes even further with provision for up to 3200 new houses, and a tenfold increase in population. We consider this totally unsustainble in relation to the impact on health, education, infrastrure, local culture and the economy and of course the devastating effect on the environment.

 

Our petition claims that Parcent Town Hall intentionally approved these PAI under LRAU, knowing that the law had been totally discredited by Europe and was about to be replaced. They thus knowingly violated European Directives 93/37/EEC and 92/50/EEC on  public procurement. The new law LUV continues to include infringements on this issue for which the Valencian Government is facing an Additional Reasoned Opinion dated 12.10.2006. Commissioner Mcreevey’s office commented further in relation to our petition that:

‘My services will consider in the context of the above Additional Reasoned Opinion and having regard to the obligation of co-operation under Article 10 EC, the legal consequences stemming from the award by Spanish authorities of public contracts in application of the LRAU after the launch of a formal infringement procedure under Article 226 of the Treaty’

We also point out that  Parcent Town Hall have violated European Directive 85/337/EEC as they have not provided an environmental impact report. In addition, the EU Water Framework Directive has been ignored. This is corroborated by a recent decision of the Valencian Ombudsman which recommends the three PAIs be suspended due to the lack of a water report from the competent river authority guaranteeing future water supplies whilst questioning how Parcent councillors could even vote for PAIs without such a report. This is a shocking failure given the continuing drought in the Valencian region.

We further claim that by including the PAIs in a ‘concierto previo’, Parcent Town Hall are intentionally attempting to pervert the natural process of town planning, which is to first approve a General Plan with consensus that allows for sustainable development.

 This point has been made in a landmark ruling by the Superior Tribunal of Justice in Valencia, now known as the ‘Parcent Doctrine’ which has ordered a precautionary suspension of  the PAI ‘El Repla’, stating that a PAI is not an adequate instrument for urban planning especially in such a case, adding

‘It is enough  that we are talking of a municipality of little more than a 1000 inhabitants and that this action would at least double the population.’

Despite this ruling, the resolution of the Valencian Ombudsman and the condemnations of LRAU and LUV by the European Union, the Ministry for Territory and Habitat of the Generalitat Valenciana continues to vigorously defend the LUV, even challenging the European Parliament to question it. Parcent Town Hall ignore and scorn their citizens and our protest movement, going so far as to send the local police to stop us collecting signatures for this petition and trying to throw a journalist out of a public council meeting. They also scorn all resolutions against them, continuing to spend public money on lawyers to appeal the ‘parcent doctrine’ and going ahead with writing a  general plan despite the court ruling.

We think this evidence of the continual, blatant and arrogant disregard for European legislation demonstrated both by the Valencian Government and Parcent Town Hall upholds our petition’s claim that Spain has failed in its obligations to the principle of loyal cooperation as required by Article 10 of the Treaty of the European Community and thus requires an urgent response from Europe.

We want to make clear that we do not want either these PAIs or this ‘concierto previo’. Since their proposal we have felt tyrannized by our authorities and for this reason we are using all the legal, institutional, political and social means available to us to fight the proposals. But we never forget that for us this is not a theoretical fight. We are talking about our village, our mountain, the view we wake up to every day, the life we want for our children and grandchildren, which is why so many of us have been moved to fight for its survival.

We thus ask the petitions committee to recommend strong action be taken on our behalf  with the intended outcome being the annullment of the PAIs and ‘concierto previo’ allowing Parcent to start afresh and plan its future development in the interest of all its citizens.

Thank you for your time and attention