# CE2004078EN.01000101.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/1 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/1

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(2004/C 78 E/0001)

WRITTEN QUESTION E-0465/01

by Antonios Trakatellis (PPE-DE) and Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Commission

(20 February 2001)

Subject:   Violation of Community environmental legislation and measures to protect the Loggerhead (Caretta Caretta) sea turtle

Subject:

In its answer to a previous question about the implementation of environmental legislation (P-3912/00 (1)), the Commission states that, in view of Greece's failure to take the necessary measures to ensure the protection of the marine turtle Caretta Caretta in breach of Article 12 of Directive 92/43/EEC (2), it initiated legal proceedings before the Court of Justice on 17 March 2000 (Case C-2000/103).

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This turtle is a rare species in danger of extinction and 30-50 % of the remaining stock of these turtles in the Mediterranean have found refuge in the Gulf of Lagana on the island of Zakinthos; the shores of this area are considered the most important nesting places in the entire Mediterranean. Moreover, the Commission has decided to suspend the funding of projects, such as the Lagana biological purification plant, owing to the violation of environmental legislation. In view of the above, will the Commission say:

| 1. | What measures does it consider adequate to put an end to the violation of Community environmental legislation in Zakinthos, and notably in region GR2210002 of the Natura 2000 network, so as to ensure the comprehensive protection of the biological diversity and maintain natural biotopes and wild fauna and flora in this regard? |
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1.

What measures does it consider adequate to put an end to the violation of Community environmental legislation in Zakinthos, and notably in region GR2210002 of the Natura 2000 network, so as to ensure the comprehensive protection of the biological diversity and maintain natural biotopes and wild fauna and flora in this regard?

| 2. | In implementing measures to ensure the effective protection of the species in question can the Greek Government include measures to exchange land, compensation and the expropriation of land at a reasonable price so as to strike a balance between environmental protection and the tourist development of the island and protect the rights of property owners? |
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2.

In implementing measures to ensure the effective protection of the species in question can the Greek Government include measures to exchange land, compensation and the expropriation of land at a reasonable price so as to strike a balance between environmental protection and the tourist development of the island and protect the rights of property owners?

| 3. | Can the plans co-funded by the Community cover the cost of compensatory measures and costs relating to the exchange and expropriation of land? |
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3.

Can the plans co-funded by the Community cover the cost of compensatory measures and costs relating to the exchange and expropriation of land?

| 4. | The Presidential Decree concerning the establishment of a body for managing the marine park of Zakyithos is flawed, because the local community, the social partners and social organisations are not represented and it does not contain the necessary measures to establish a system of strict protection, as required by Article 12 of Directive 92/43/EEC. Can the Commission really go ahead with the co-funding of flawed management schemes? |
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4.

The Presidential Decree concerning the establishment of a body for managing the marine park of Zakyithos is flawed, because the local community, the social partners and social organisations are not represented and it does not contain the necessary measures to establish a system of strict protection, as required by Article 12 of Directive 92/43/EEC. Can the Commission really go ahead with the co-funding of flawed management schemes?

Answer given by Mrs Wallström on behalf of the Commission

(24 April 2001)

(24 April 2001)

Article 12 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3) states that Member States shall take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV(a), prohibiting deliberate disturbance of these species, particularly during the period of breeding, rearing, hibernation and migration as well as deterioration or destruction of breeding sites or resting places.

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The Commission initiated legal proceedings before the Court of Justice on 17 March 2000 in view of the Greek authorities' failure to take the measures they had declared necessary in order to protect the Loggerhead Sea Turtle Caretta caretta, namely the adoption of two Presidential Decrees on, firstly, the establishment of the Zakinthos marine park and, secondly, compensatory measures. The Greek authorities adopted the Presidential Decree establishing the marine park in December 1999.

The Commission considers that, in addition to adopting the second Presidential Decree on compensatory measures, the Greek authorities should take the measures needed to ensure the smooth running of the marine park and should make provision for the long-term implementation of a package of practical measures to protect the Lagana beaches which are nesting sites for the species.

Directive 92/43/EEC leaves it to Member State to specify the measures needed to establish a system of strict protection for the animal species concerned. The Greek authorities must therefore define the practical measures needed to ensure the protection of Caretta caretta on Zakinthos.

The projects co-funded by both the European Regional Development Fund and the Cohesion Fund cover the cost of the projects plus, where necessary and within certain limits, the cost of related expropriations. The cost of any compensatory measures and costs relating to the exchange of land, etc., must normally be covered by national funding without any Community contribution.

The type of project to which the Honourable Members refer (a biotope management plan) may be eligible under the future ‘Environment’ Operational Programme (OP) for Greece for the programming period 2000-2006.

In order to be eligible, a project must comply with the objective and transparent selection criteria authorised in advance by the authority responsible for managing each OP. These criteria are listed in the Community support framework for the abovementioned period and, amongst other considerations, stipulate that the project must be operational and that the project promoters must be capable of completing it successfully. It is however the task of the Monitoring Committee for each OP to determine the details of the specific criteria adopted and subsequently to check that they are properly implemented by the relevant authority.

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(1)  OJ C 174 E, 19.6.2001, p. 182.

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(2)  OJ L 206, 22.7.1992, p. 7.

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(3)  OJ L 206, 22.7.1992.

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