WRITTEN QUESTION E-3328/01

by Monica Frassoni (Verts/ALE) to the Commission

(30 November 2001)

Subject: Construction of a landing stage and a marina in the Basso Garda SCI

The Castelnuovo del Garda local authority has approved a project involving the construction of a landing stage at Ronchi for vessels belonging to the Navigarda shipping company (see the authority's report of proceedings No 19 of 3 February 2000(1)). The coastal strip at Ronchi is part of the Basso Garda Site of Community Importance (IT3210018). No environmental impact assessment has been carried out. As stated in question E-2653/00(2), the landing stage would be for the exclusive use of visitors to the Gardaland SpA theme park, to the extent that it would effectively be an extension of the park.

The Basso Garda SCI is also affected by plans for a marina at Pioppi, in the Peschiera del Garda district, the local authority of which has approved a comprehensive programme submitted by the promoter, Nautica Pioppi srl (see the authority's report of proceedings No 99 of 18 December 2000(3)). The project comprises a marina for motorboats, a car park and an adjoining beach, and would involve the destruction of the vegetation along the lake shore, the ecological importance of which was one of the main reasons for creating a SCI. The tourist development of the Basso Garda area has drastically reduced the size of the shore areas which are still reasonably unspoilt. The increased use of motorboats as new marinas have been built has had a serious effect on the lake area encompassed by the SCI (which extends over 750 hectares, mostly covering the lake itself), another factor being that the site comprises shallow waters with a muddy sediment in which oxygenation is very slow. In the district of Peschiera alone there are already four marinas (Fornaci, Bergamini, Cappuccini and Nuovo).

1. Does the Commission not consider that the landing stage in Ronchi is to be regarded as an extension to the Gardaland theme park and should thus be subject to environmental impact assessment and to Directive 97/11/EC(4)? Does it not therefore think that such a project should be subject to an environmental impact assessment as required under Directive 92/43/EEC(5)?

2. Does the Commission not think that the plans for a marina in Pioppo should also be subject to an impact assessment (pursuant to Directive 92/43/EEC) and to environmental impact assessment (pursuant to Directive 97/11/EC)?

(1) Deliberations relating to the award of a contract for the construction of the new landing stage in Ronchi. Appended are the authorisations granted by the local authority's buildings committee.

(2) OJ C 136 E, 8.5.2001, p. 68.

(3) Deliberations relating to the approval of the proposed programme for the redevelopment of the Pioppi area.

(4) OJ L 73, 14.3.1997, p. 5.

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

Answer given by Mrs Wallström on behalf of the Commission

(14 January 2002)

The project for construction of a landing stage for vessels at Ronchi on Lago di Garda is not included in any of the classes of projects listed in the Annexes of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), whether before or after amendment by Council Directive 97/11/EC of 3 March 1997. Therefore, the directive does not apply.

Should the project for construction of a landing stage for vessels at Ronchi be considered an extension of the Gardaland theme park project and should this extension be considered as likely to have significant adverse effects on the environment, this project could be considered as falling within class 13 of Annex II of Directive 85/337/EEC, as amended by Directive 97/11/EC. However, the information given by the Honourable Member does not give any element to consider that the project for a landing stage is likely to have a significant adverse effect on the environment. In addition, the documents transmitted by the Honourable Member in annex (text of the Deliberazione della Giunta comunale di Castelnuovo del Garda Verona, Affidamento incarico professioneale per la costruzione del nuovo pontile in località Ronchi, progettazione definitiva-esecutiva, of 3 February 2000 including the text of Convenzione per conferimento incarico) do not mention any connection between the project and the Gardaland park.

As regards the agreement-programme including the construction of a marina at Pioppi (Peschiera del Garda Verona), the Commission considers that programmes and plans are not covered by Directive 85/337/EEC whether before or after amendment by Directive 97/11/EC. On the basis of the information given by the Honourable Member, at present, it cannot be deduced that a project for the construction of a marina at Pioppi has been granted a development consent under Directive 85/337/EEC, whether before or after amendment by Directive 97/11/EC, without complying with the obligations of the environmental impact assessment (EIA) Directive.

In any event, no breach for lack of compliance with Community EIA legislation can be identified as regards projects for marinas under the Italian applicable legislation (legislation of Regione Veneto, Legge Regionale 26 marzo 1999 No 10 Disciplina dei contenuti e delle procedure di valutazione d'impatto ambientale modificata da Lagge Regionale 27 dicembre 2000 No 24). Marínas are project of Annex II of directive 85/337/EEC, as amended (class No 12b). This directive provides that (Article 4, paragraph 2): Subject to Article 2 (3), for projects listed in Annex II, the Member States shall determine through: (a) a case-by-case examination, or (b) thresholds or criteria set by the Member State whether the project shall be made subject to an assessment in accordance with Articles 5 to 10. Member States may decide to apply both procedures referred to in (a) and (b). In the Italian legal system, regions are responsible for the application of EIA legislation to marina projects. Legge Regionale 26 marzo 1999 No 10 of Regione Veneto, as amended, provides that marinas with docks exceeding 500 meter (m) or with water sheets exceeding 10 hectares (ha), or with ground areas for more than five ha are directly made the subject of an EIA procedure and marinas of any size are made subject of an examination in order to determine whether they have to be made subject of an EIA procedure. Requirements under Annex III of Directive 85/337/EEC, as modified, are transposed. When internal law complies with Community law and no evidence is given to presume that it is going to be breached in a specific case, the Commission considers that there are no grounds for intervention. In such cases, unless it is clearly claimed that, with reference to a specific project, the competent authorities have no intention to apply the existing provisions or that they have failed to apply them, the Commission is obliged to conclude that a breach cannot be presumed.

In the light of the above, given the lack of specific grounds on complaint on the application of the EIA Directive to the specific cases, no breach of this Directive can be identified at present.

Problems of application of Directive 92/43/EEC, of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora(2), have also been raised with reference to the project for a landing stage for vessels at Ronchi and to the agreement-programme for a marina at Pioppi.

The two works fall within the proposed Sites of Community Importance (pSCI) IT32100018 Basso Garda under Directive 92/43/EEC. According to the information given by the Honourable Member, the project for a marina at Pioppi is to be considered as having a significant impact on the reeds banks (foreste ripariali a canneto) which are one of the main reasons for which the site has been proposed.

Article 6 of Directive 92/43/EEC provides for protection requirements with reference to Special Areas of Conservation (SACs): any plan or project likely to have a significant effect on SACs, either individually or in combination with other plans or projects, are subject to appropriate assessment of its implications for the site in view of the site's conservation objectives (valutazione d'incidenza). Under Article 4, paragraph 5, of Directive 92/43/EEC these requirements are applied also to Sites of Community Importance (SCI) when, on the basis of the list of proposed Sites of Community Importance (pSCI), they are adopted in accordance with the procedure laid down in Article 4 paragraph 2. At present, SACs have not been designated yet and the list of the SCI has not been adopted yet. However, with reference to proposed Sites of Community Importance, in particular when including priority habitat and species, Member States have certain obligations to act in a way so as to ensure that the aims of the Directive are not jeopardised. Even in the absence of a Community list, Member States' authorities are advised to at least abstain from all activities that may cause a proposed site to deteriorate.

As regards the specific case, the pSCI Basso Garda has no priority habitats or species. Reeds banks are not listed in the Natura 2000 form concerning this site and, therefore, it cannot be said that they have been one of the main reasons for this site to be proposed. No further effect on habitats or species in this site, other than on reeds banks, has been described or claimed.

Therefore, at present, in the light of the above mentioned legal regime presently in force for proposed Sites of Community Importance (pSCIs), in the light of the information given by the Honourable Member and in the absence of more information on how habitats and species may be affected by the works mentioned, no potential deterioration of the proposed Site of Community Importance IT32100018 Basso Garda can be presumed and no breach of Directive 92/43/EEC can be identified.

(1) OJ L 175, 5.7.1985.

(2) OJ L 206, 22.7.1992.