WRITTEN QUESTION E-2718/01

by Cristiana Muscardini (UEN) to the Commission

(3 October 2001)

Subject: Reasoned opinions and the situation in Sardinia

On 9 February 2001 the Commission delivered a reasoned opinion on an alleged infringement relating to a tourist development area in Sardinia. This opinion, which was promptly refuted by the Sardinia Region (Prot. No 4534 of 2 April 2001) takes no account of the documents submitted by the Region as evidence of the project's legality and compliance with environmental protection standards and ignores the existence of an environmental all-clear given by the competent authorities. However, what is surprising is the Region's statement that the Commission opinion is based on inaccurate information.

Will the Commission state:

- from what source it draws its information before drawing up documents which hamper economic activity and throw suspicion on the legitimate and legal action of local authorities?

- why it has refused to dialogue with the regional authorities before delivering opinions which, in the view of those concerned, do not accurately reflect the local situation?

- why, after five months, it has not yet replied to the document drawn up by the Sardinia Region's environmental office?

- why, after all it has said over the years about regional policy, its officials actually failed to recognise the competent authority in environmental matters, namely, in this case, the Sardinia Region?

- whether it does not agree that this is yet another development which will make European integration unpopular with ordinary citizens and encourage them to see the Community administration as insensitive to local needs?

Answer given by Mrs Wallström on behalf of the Commission

(12 November 2001)

The Commission's powers are limited to those conferred on it by the EC Treaty, in particular, it is responsible for ensuring that Community law is properly applied within all Member States. On the basis of Article 211 (ex Article 155) of the EC Treaty, In order to ensure the proper functioning and development of the common market, the Commission shall ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied.

On the basis of Article 226 (ex Article 169) of the EC Treaty, If the Commission considers, that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice. Before delivering a reasoned opinion the Commission formally requests the Member State to communicate information and observations on the issue at stake (letter of formal notice). The Commission has a discretionary power in deciding whether to initiate such a procedure and whether to continue it or not(1).

In the light of the above, the information on which the Commission's reasoned opinions are based include information contained in replies of Member States to letters of formal notice. Also in the case mentioned by the Honourable Member, information was obtained from the reply of the Italian authorities to the letter of formal notice. In addition, the reasoned opinion was also based on the information which had already been sent by the Italian authorities to the Commission in the framework of the informal correspondence which usually preceeds the delivery of the letter of formal notice and on the information which had been exchanged in the framework of two meetings, between Italian authorities (including authorities from Regione Sardegna) and services of Directorate General Environment of the Commission.

Member States are the official interlocutor in the framework of the infringement procedures under the EC Treaty. Although all the authorities of a Member State are obliged to correctly apply Community law (regions, provinces, municipalities, administrative and public bodies, courts), for purposes of Commission infringements proceedings under Article 226 (ex Article 169) of the EC Treaty, only the State, and not the regions or other public bodies, is held responsible for the correct application of Community law.

The Commission takes a reasonable time to assess, on the basis of the replies of Member States to reasoned opinions, whether Member States have complied with the reasoned opinions addressed to them. In the specific case, mentioned by the Honourable Member, the replies of the Italian authorities to the reasoned opinion are currently under assessment.

(1) Judgement of 6 December 1989, Commission vs. Greece, Rec. p. 4159; Judgement of 27 November 1990, Commission vs. Greece, Rec. p. I-4299; Judgement of 21 January 1999, Commission vs. Belgium, Rec. I-275; judgement of 1 June 1999, Commission vs. Ireland in case C-212/98.