WRITTEN QUESTION E-0774/03

by Charles Tannock (PPE-DE) to the Commission

(12 March 2003)

Subject: Destruction of the Schinias Marshes

With regard to the construction of a rowing centre on the Schinias Marsh on the Attica peninsula, the Commission confirmed in answer to Written Questions E-0769/01(1) and E-1073/01(2) that it had written to the Greek government drawing attention to the value of the site for nature conservation and requesting information concerning any intended proposal of the site for the Natura 2000 network by virtue of Council Directive 92/43/EEC(3) of 21 May 1992 on the conservation of natural habitats and of wild

fauna and flora and had subsequently carried-out an on the spot appraisal of the situation. The Commission has elsewhere indicated that Council Directive 85/337/EEC(4) of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment as modified by Council Directive 97/11/EC(5) of 3 March 1997 is relevant.

What exactly are the Greek government's obligations in this regard and does the Commission believe that Greece has complied with those obligations? Finally, are the obligations of the Greek government regarding development of the Schinias Marsh essentially the same as those of the German government a propos the development of the Aachen industrial park, which has effectively been stalled because of concerns over the welfare of the Aachen hamster?

(1) OJ C 318 E, 13.11.2001, p. 117.

(2) OJ C 340 E, 4.12.2001, p. 163.

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

(4) OJ L 175, 5.7.1985, p. 40.

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

Answer given by Mrs Wallström on behalf of the Commission

(24 April 2003)

In dealing with the complaint on the construction of the Olympic rowing and canoeing centre at Schinias-Marathon in Greece, the Commission's aim was to ensure for the site an adequate protection status and to ensure that the development of facilities for the Olympic Games should furthermore be undertaken in a sustained manner which will contribute to the protection and restoration of the site's wildlife value.

In August 2002, the Greek authorities proposed the area of Schinias-Marathon as a Site of Community Importance, submitting to the Commission a supporting file providing the relevant technical information required for the proposed inclusion of the site in the Natura 2000 network under the Directive 92/43/EEC(1). The site has also been designated as a National Park and a Joint Ministerial Decision for its Administration and its Management was adopted. In addition, the establishment and operation of the Management Body of the National Park is underway, since the Greek State Council assesses the relevant national legislation (Presidential Decree). It appears that this legal framework is sufficient to ensure the conservation objectives of the site.

Moreover, regarding the design of the project, the implementation of the restoration programme for the wetland, the time frame for all the proposed works and the examination of the recently submitted information all show that the overall proposal can be considered as satisfactory and compatible with the nature conservation value of the site. In particular, the design of the project was improved so that habitat loss is minimised and the ecological quality of the area is increased through the implementation of the restoration project. Furthermore, specific measures were adopted in order to ensure the hydrological equilibrium of the site and an adequate management.

The issue of a possible designation of the site as a Special Protection Area for birds according to the Directive 79/409/EEC(2) will be dealt with under the existing horizontal infringement procedure against Greece. This infringement procedure is related to the insufficient and inadequate classification by the Greek authorities of Special Protection Areas for the conservation of wild birds.

With respect to the Aachen industrial park the Commission assumes that the Honourable Member refers to the development of the commercial zone Aachen-Heerlen. In this case, the Commission in 2001 addressed a Letter of Formal Notice to the German Government for failure to comply with Articles 12 and 16 of Directive 92/43/EEC. The obligations resulting from the provisions in question are different from the obligations relevant for the Schinias case in that they have the protection of species as their objective and not the protection of sites.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.

(2) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979.