WRITTEN QUESTION E-1187/00

by Monica Frassoni (Verts/ALE) to the Commission

(12 April 2000)

Subject: Archaeological site at Tuvixeddu (Cagliari, Italy)

On 25 August 1998 the town council of Cagliari issued a call to tender for projects to create inter-regional Phoenician cultural itineraries in the necropolis of Tuvixeddu in the context of the relevant Community programme, which itself comes under the operational programme for the development and enhancement of sustainable tourism in the Objective 1 regions measure number 3 for the years 1994-1999, covering the completion of the first section (6,8 hectares) of the archaeological park of Tuvixeddu. It is being financed with a total of LIT 7 billion in the form of Community and local authority funding (Departmental Decree on Tourism issued by the Prime Minister on 30 April 1998). The contract was apparently awarded long since, but work has not yet started. Tuvixeddu is the most important Punic-Roman and medieval burial site (more than 1 110 tombs) in the Mediterranean area, protected as part of the archaeological and natural heritage under legislative decree No 490/1999, but it has taken years of lobbying and legal action on the part of local cultural and environmental organisations (mainly Friends of the Earth and the Legal Intervention Group) to induce the Italian authorities to start to make plans for an archaeological park. The site is almost exclusively private property and the estate agency Iniziative Coimpresa intends to build a new urban development

(consisting of housing, offices and services occupying a total of 350 000 cubic metres) over a larger area characterised by geological hazards. In agreement with Cagliari town council there are also plans to build roads (linking up to the main road system) through the archaeological site without the statutory environmental impact assessment being carried out (Directives No 97/11(1), Annex II, point 10(b) and No 85/337(2), Annex II, point 10(b)) or the need for such work having been ascertained. All this presents a serious threat to the archaeological heritage.

Has the Commission initiated an inquiry to ascertain the reasons for the failure to launch the above-mentioned cultural and archaeological project, which benefits from Community funding? Does the Commission intend to take appropriate steps? Does it consider that the obligations deriving from the Directive on environmental impact assessment are being met, not least in view of the decisions of the Court of Justice?

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

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

Answer given by Mr Barnier on behalf of the Commission

(9 June 2000)

According to information received from the Italian authorities, the project Work to create interregional cultural routes in the Tuvixeddu necropolis obtained part-financing from the European Regional Development Fund under the Programme Valorizzazione del turismo sostenibile nelle regioni dell obiettivo 1. The total cost of the project is estimated at LIT 2 billion to which the Community will pay 50 %.

The Commission is kept generally informed of progress on this programme through the Monitoring Committee but the detailed monitoring of part-financed projects is a matter for the programme managing authority, the department of tourism of the Ministry of Industry. The Commission has therefore asked the Italian authorities for additional information about the work.

The second project mentioned by the Honourable Member, the construction of a new district and urban network (the Iniziativa Coimpresa private company) is not part-financed under this programme.

This second project could fall into class 10 b) Urban-development projects of Annex II 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) and into class 10 b) Urban development projects including the construction of shopping centres and car parks of Annex II of Council Directive 97/11/EC of 3 March 1997(2) which has modified Directive 85/337/EEC.

According to Directive 85/337/EEC, projects falling into Annex II are to be made subject to an environmental impact assessment (EIA) where Member States consider that their characteristics so require. However, Member States are considered to be obliged to make a pre-assessment in order to establish whether Annex II projects need to be made subject to an EIA procedure.

According to Directive 97/11/EEC, Member States are obliged for Annex II projects to determine through a case-by-case examination of thresholds or by the setting of criteria whether the project shall be made subject to an assessment in accordance with Articles 5 to 10.

Not being aware of the situation described by the Honourable Member, the Commission will take the appropriate steps in order to gather detailed information about it and to ensure the observance of Community law.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.