# CE2004078EN.01042101.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/421 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/421

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(2004/C 78 E/0442)

WRITTEN QUESTION P-2746/03

by Luigi Vinci (GUE/NGL) to the Commission

(10 September 2003)

Subject:   Infringements of European legislation on special conservation areas and sites of Community importance and the use of European funding for the reforestation of the Alta Murgia (Bari)

Subject:

Knowing that:

| — | by Ministerial Decree of 24 December 1998 the Minister for the Environment declared the Alta Murgia, a densely forested area, a site of Community importance (Directive 92/93/EEC (1)) and a special protection area (Directive 79/409/EEC (2)) and in order to implement Directive 92/93 Presidential Decree No 357 of 8 September 1997 set up a special committee to assess the environmental impact of projects on sites of Community importance. |
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by Ministerial Decree of 24 December 1998 the Minister for the Environment declared the Alta Murgia, a densely forested area, a site of Community importance (Directive 92/93/EEC (1)) and a special protection area (Directive 79/409/EEC (2)) and in order to implement Directive 92/93 Presidential Decree No 357 of 8 September 1997 set up a special committee to assess the environmental impact of projects on sites of Community importance.

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| — | the Alta Murgia is affected by an environmental disaster caused by unlawful quarries excavated without authorisation or using illegal procedures via the Mining Office of the Apulia Region, in contravention of the provisions on environmental impact assessment laid down in the Presidential Decree of 12 April 1996 and the permits concerning the landscape and the environment issued by the Region itself. |
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the Alta Murgia is affected by an environmental disaster caused by unlawful quarries excavated without authorisation or using illegal procedures via the Mining Office of the Apulia Region, in contravention of the provisions on environmental impact assessment laid down in the Presidential Decree of 12 April 1996 and the permits concerning the landscape and the environment issued by the Region itself.

| — | the Region of Apulia is turning the Alta Murgia from a forest into a tufa-quarrying area and then, after filling the quarries with waste of all kinds — thereby infringing Italian and European legislation — wants to convert the area into fields for intensive arable farming, thereby damaging the environment and endangering public health. |
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the Region of Apulia is turning the Alta Murgia from a forest into a tufa-quarrying area and then, after filling the quarries with waste of all kinds — thereby infringing Italian and European legislation — wants to convert the area into fields for intensive arable farming, thereby damaging the environment and endangering public health.

| — | although the Region of Puglia sanctioned conservation of the area by virtue of Regional Law No 19 of 1997, it is about to pass a law exonerating those responsible for environmental crime, thereby infringing Italian and European laws. |
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although the Region of Puglia sanctioned conservation of the area by virtue of Regional Law No 19 of 1997, it is about to pass a law exonerating those responsible for environmental crime, thereby infringing Italian and European laws.

| — | the Italian Court of Appeal has stressed that Article 30 of Law No 394 of 6 December 1991 applies to violations of protected areas, |
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the Italian Court of Appeal has stressed that Article 30 of Law No 394 of 6 December 1991 applies to violations of protected areas,

| — | in January 2001 the environmentalist organisation ‘Verdi Ambiente e Società’, during its work to safeguard the environment, ascertained that there are serious infringements in the Alta Murgia affecting fauna and the environment and violations of Legislative Decree No 22/97 implementing Directives 91/156/EEC (3) on waste, 91/689/EEC (4) on hazardous waste and 94/62/EC (5) on packaging and packaging waste. |
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in January 2001 the environmentalist organisation ‘Verdi Ambiente e Società’, during its work to safeguard the environment, ascertained that there are serious infringements in the Alta Murgia affecting fauna and the environment and violations of Legislative Decree No 22/97 implementing Directives 91/156/EEC (3) on waste, 91/689/EEC (4) on hazardous waste and 94/62/EC (5) on packaging and packaging waste.

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| — | it forwarded the allegations to the Public Prosecutor's Office in Trani (BA), which tries to restore legality by criminal proceedings on the basis of Council Decision 2003/80/JHA (6) of 27 January 2003 on the protection of the environment through criminal law. |
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it forwarded the allegations to the Public Prosecutor's Office in Trani (BA), which tries to restore legality by criminal proceedings on the basis of Council Decision 2003/80/JHA (6) of 27 January 2003 on the protection of the environment through criminal law.

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| — | the European Court of Justice issued judgments C-143/02 and C-378/01 on 20 March 2003. |
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the European Court of Justice issued judgments C-143/02 and C-378/01 on 20 March 2003.

Can the Commission say:

| 1. | whether the Region of Apulia has obtained funding for the reforestation of the Alta Murgia and, if so, how much; |
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1.

whether the Region of Apulia has obtained funding for the reforestation of the Alta Murgia and, if so, how much;

| 2. | whether, in the light of the above, it intends for the time being to freeze the LIFE funding allocated to the Region of Apulia; |
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2.

whether, in the light of the above, it intends for the time being to freeze the LIFE funding allocated to the Region of Apulia;

| 3. | whether it therefore considers that there are grounds for bringing infringement proceedings against Italy? |
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3.

whether it therefore considers that there are grounds for bringing infringement proceedings against Italy?

Answer given by Mrs Wallström on behalf of the Commission

(14 October 2003)

(14 October 2003)

| 1. | In the Apulia Region, the Guarantee Section of the European Agricultural Guarantee and Guidance Fund (EAGGF) contributes to the co-funding of the rural development plan for the period 2000-2006, which was approved by Commission Decision No C(2001)479 of 2 March 2001. This programme provides, among other things, for a measure concerning the reforestation of agricultural land. The rural development plan covers the entire regional territory, but gives priority, in particular as regards the reforestation of agricultural land, to sites of Community importance (SCI) and special protection areas (SPA) and to other protected areas. For the period 2000-2006, guaranteed EAGGF co-funding of EUR 11 million is planned for this measure. Farmers in the Alta Murgia were able and still can submit projects under this measure.
  The Guidance Section of the EAGGF contributes to the co-funding of the regional operational programme (ROP) and the Community initiative Leader+ programme for the period 2000-2006.
  Under the ROP, which was approved by Commission No C(2000)2349 of 8 August 2000, the Apulia Region plans, in the framework of measure 1.7, to carry out activities for the forestation and reforestation of woodland for environmental purposes in particular. The measure covers the entire regional territory, but gives priority to the SCI and SPA areas and other protected areas. For this programme, foresters and other aid recipients in Alta Murgia may also submit reforestation projects in response to the invitations for tender issued by the Region. EAGGF co-funding of EUR 31 million is scheduled for this measure.
  With regard to the Community initiative Leader+ programme for the period 2000-2006, which was approved by Commission Decision No C(2002)171 of 29 January 2002, no specific EAGGF Guidance Section funding is planned for forestation in the Apulia Region.
  The Commission has approved the above programmes after verifying that they conform with the relevant Community provisions. Local management is the responsibility of the Member States, at the most appropriate geographical level. The programmes must be implemented by the competent national and/or regional authorities, which must in particular ensure that projects are selected from among those proposed by potential recipients which fulfil the eligibility requirements and apply for support. The Commission is kept informed, in the framework of the partnership, about the detailed arrangements for using the funds by means of programme implementation reports and by Monitoring Committees in which the Member States participate. The information, which is in the form of financial and physical monitoring indicators, and the assessment factors do not concern specific areas such as the Alta Murgia or individual cases in which support is given, since in conformity with the principle of subsidiarity the Commission is not competent to express an opinion on them.
  The Commission would therefore ask the Honourable Member to contact the Apulia Region Assessorato all'Agricoltura for information about funding for reforestation in the specific area of Alta Murgia in the framework of the above programmes. |
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1.

In the Apulia Region, the Guarantee Section of the European Agricultural Guarantee and Guidance Fund (EAGGF) contributes to the co-funding of the rural development plan for the period 2000-2006, which was approved by Commission Decision No C(2001)479 of 2 March 2001. This programme provides, among other things, for a measure concerning the reforestation of agricultural land. The rural development plan covers the entire regional territory, but gives priority, in particular as regards the reforestation of agricultural land, to sites of Community importance (SCI) and special protection areas (SPA) and to other protected areas. For the period 2000-2006, guaranteed EAGGF co-funding of EUR 11 million is planned for this measure. Farmers in the Alta Murgia were able and still can submit projects under this measure.

The Guidance Section of the EAGGF contributes to the co-funding of the regional operational programme (ROP) and the Community initiative Leader+ programme for the period 2000-2006.

Under the ROP, which was approved by Commission No C(2000)2349 of 8 August 2000, the Apulia Region plans, in the framework of measure 1.7, to carry out activities for the forestation and reforestation of woodland for environmental purposes in particular. The measure covers the entire regional territory, but gives priority to the SCI and SPA areas and other protected areas. For this programme, foresters and other aid recipients in Alta Murgia may also submit reforestation projects in response to the invitations for tender issued by the Region. EAGGF co-funding of EUR 31 million is scheduled for this measure.

With regard to the Community initiative Leader+ programme for the period 2000-2006, which was approved by Commission Decision No C(2002)171 of 29 January 2002, no specific EAGGF Guidance Section funding is planned for forestation in the Apulia Region.

The Commission has approved the above programmes after verifying that they conform with the relevant Community provisions. Local management is the responsibility of the Member States, at the most appropriate geographical level. The programmes must be implemented by the competent national and/or regional authorities, which must in particular ensure that projects are selected from among those proposed by potential recipients which fulfil the eligibility requirements and apply for support. The Commission is kept informed, in the framework of the partnership, about the detailed arrangements for using the funds by means of programme implementation reports and by Monitoring Committees in which the Member States participate. The information, which is in the form of financial and physical monitoring indicators, and the assessment factors do not concern specific areas such as the Alta Murgia or individual cases in which support is given, since in conformity with the principle of subsidiarity the Commission is not competent to express an opinion on them.

The Commission would therefore ask the Honourable Member to contact the Apulia Region Assessorato all'Agricoltura for information about funding for reforestation in the specific area of Alta Murgia in the framework of the above programmes.

| 2. | Under the current LIFE III Programme, projects are the responsibility of individual beneficiaries and not of a region. It is not possible to freeze funding to all beneficiaries in a region indiscriminately. Funding can only be revoked where a beneficiary is in infringement of Community rules. The Apulia Region is not a current LIFE beneficiary: however, infringement of Community rules in the Region could be taken into account if the Region itself were to propose a LIFE project in the 2004 round. This is the last round of the LIFE III Programme, which expires on 31 December 2004. |
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2.

Under the current LIFE III Programme, projects are the responsibility of individual beneficiaries and not of a region. It is not possible to freeze funding to all beneficiaries in a region indiscriminately. Funding can only be revoked where a beneficiary is in infringement of Community rules. The Apulia Region is not a current LIFE beneficiary: however, infringement of Community rules in the Region could be taken into account if the Region itself were to propose a LIFE project in the 2004 round. This is the last round of the LIFE III Programme, which expires on 31 December 2004.

| 3. | The Commission has registered a complaint on the issues raised by the Honourable Member for poor application of Directives 79/409/EEC on the conservation of wild birds and 92/43/EEC (7) on the conservation of natural habitats and of wild fauna and flora. This complaint is under assessment.
  The information given by the Honourable Member has been added to the above- mentioned complaint file.
  Should the Commission come to the conclusion that Community law is being breached in the specific case, it will not hesitate, as the Guardian of the Treaty, to take ali necessary measures, including opening infringement procedures under Article 226 of the EC Treaty, in order to ensure compliance with the relevant Community law. |
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3.

The Commission has registered a complaint on the issues raised by the Honourable Member for poor application of Directives 79/409/EEC on the conservation of wild birds and 92/43/EEC (7) on the conservation of natural habitats and of wild fauna and flora. This complaint is under assessment.

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The information given by the Honourable Member has been added to the above- mentioned complaint file.

Should the Commission come to the conclusion that Community law is being breached in the specific case, it will not hesitate, as the Guardian of the Treaty, to take ali necessary measures, including opening infringement procedures under Article 226 of the EC Treaty, in order to ensure compliance with the relevant Community law.

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(1)  OJ L 338, 23.11.1992, p. 40.

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(2)  OJ L 103, 25.4.1979, p. 1.

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(3)  OJ L 78, 26.3.1991, p. 32.

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(4)  OJ L 377, 31.12.1991, p. 20.

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(5)  OJ L 365, 31.12.1994, p. 10.

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(6)  OJ L 29, 5.2.2003, p. 55.

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(7)  OJ L 206, 22.7.1992.

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