WRITTEN QUESTION E-1074/02

by Monica Frassoni (Verts/ALE) to the Commission

(18 April 2002)

Subject: The Horse Country equestrian centre in a site of Community importance at San Vero Milis, Oristano

An equestrian centre for tourists, to be called Horse Country, is being built in the municipality of San Vero Milis in the province of Oristano in Sardinia. The project is being financed by the Region of Sardinia and the Province of Oristano and is to be located partly in a site of Community importance (SCI), code number ITB 030038. The site, covering 84 hectares, includes the ponds of Putzu Idu (Salina Manna and Pauli Marigosa), where the famous pink flamingos and other important bird and animal species are to be found. The earth-movers are perceptibly changing the natural habitat of the area. Apparently no assessment of the environmental impact and implications has been carried out.

Is the Commission aware of this situation?

In view of Article 6 of Directive 92/43/EEC(1) can the Commission take steps to preserve the site in question and ensure that the project, which is already underway, is subjected to checks on the basis of the EIA procedure(2) and to an environmental impact assessment?

Can the Commission ascertain whether or not Community funding has been used to finance the project for example via the Territorial Pact for Oristano or any other instrument and suspend funding until it is ascertained that the project is compatible with Community law?

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

(2) Cf. Directive 97/11/EC, OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(27 May 2002)

On the basis of the information provided by the Honourable Member, it appears that the holiday village project known as Horse Country in San Vero Milis (Oristano) could have a significant effect on the proposed Site of Community Importance (pSCI) Stagni di Putzu Idu (Salina Manna e Pauli Marigosa) ITB00038 under Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora. This pSCI contains 3 priority habitats.

Under Article 6, paragraph 3, of Directive 92/43/EEC, with reference to the sites which, according to the procedure laid down by the Directive, will be listed as Sites of Community Importance (SCI) and which will be designated as Special Areas of Conservation (SAC) any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objective.

Although the above mentioned provision is not fully binding for proposed Sites of Community Importance (pSCI), Member States have certain obligations with reference to pSCI to act in a way so as to ensure that the aims of the Directive are not jeopardised. In particular, they are advised to at least abstain from all activities that may affect the integrity of a proposed site (especially when it contains priority habitats or species).

In this specific case, 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.

Should the Commission be informed that Community law is being breached in this specific case, it would not hesitate, as guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, to ensure that the relevant provisions of Community law are observed.

According to the information sent to the Commission by the regional and municipal authorities concerned, the equestrian centre project in San Vero Milis does not receive Community financing but is part of an integrated area project financed by regional funds only.