WRITTEN QUESTION E-3509/00

by Stefano Zappalà (PPE-DE) to the Commission

(10 November 2000)

Subject: Pontine islands

Given that:

- there is an archipelago in Lazio known as the Pontine islands;

- the Ministry of the Environment has made provision for the establishment of the Ponza and Palmarola nature reserve;

- the Maritime Council has made provision for the establishment of a marine reserve for the Pontine islands (Ponza, Palmarola and Zannone):

- the Lazio regional administrative court has suspended the establishment of the Ponza and Palmarola nature reserve;

- the zoning plans for areas of special protection and sites of Community importance have been drawn up in accordance with the relevant Community directives;

- the local population refuse to accept the limitations involved, having not been consulted on the matter, even though they are the sole guardians of a highly valuable area that has been preserved only thanks to them;

Will the Commission say:

- whether it intends to investigate this matter?

- whether it intends to ensure that the Italian Government is complying with Community legislation, particularly as regards respecting citizens' interests?

Answer given by Mrs Wallström on behalf of the Commission

(12 December 2000)

In the specific case, the fact that on Isole Pontine there have been sites of Community importance proposed under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1) and special protection areas (SPA) classified under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(2), means that these directives could constitute the possibly relevant Community law.

However, on the basis of the information given by the Honourable Member, due to a lack of grounds of complaint on the application of Community law, no breach can be identified at present.

As for the consideration of public interest with reference to the setting up of nature conservation restrictions in certain areas, the Commission would draw the attention of the Honourable Member to the fact that there is no Community environmental legislation that provides that the public should be consulted prior to the setting up of nature parks by the authorities.

However, in general terms, the Commission supports the participation of the public in environmental decision-making, as is evident in recent legislative proposals such as the environmental impact assessment directive(3) and the strategic environmental assessment directive(4). Furthermore, the Community has signed the Aarhus Convention on access to information, public participation in decision making and access to justice in environmental matters, which it will ratify as soon as legally possible.

(1) OJ L 206, 22.7.1992.

(2) OJ L 103, 25.4.1979.

(3) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ L 73, 14.3.1997).

(4) Proposal of the Commission for a directive of the Parliament and of the Council, on the assessment of the effects of certain plans and programmes on the environment (Common Position of 30 March 2000 in OJ C 137, 16.5.2000).