WRITTEN QUESTION P-3314/00

by Monica Frassoni (Verts/ALE) to the Commission

(18 October 2000)

Subject: Tourism and property development along the coast of Cala Giunco-Stagno Notteri, Villasimius, Sardinia, Italy

The Cala Giunco company has recently proposed a change to a plan for the sub-division of the municipality of Villasimius (Cagliari, Italy) for tourism and property development (hotels, private homes, services, golf course) with a total volume of more than 81 000 m3. These measures concern a stretch of coastline which is still undeveloped and which is included in the sites of Community importance Porto Giunco (code ITB000054) and Stagno Notteri (code ITB000057). This stretch of coastline is also protected by regulations on the countryside (Legislative Decree No 490/1999) and is listed as the site of a regional nature reserve by regional law 31/1989 and was recently declared a protected marine area within the meaning of national law 493/1991. The environmental associations Friends of the Earth and Gruppo d'Intervento Giuridico have drawn this case to the attention of the national and local public authorities and the Ministry for Cultural and Environmental Assets has taken steps (decrees of 22 June and 9 August 2000) to cancel the relevant authorisations issued by the Autonomous Region of Sardinia relating to the town planning measures and the initial executive measure on the grounds that they were unlawful. The municipality of Villasimius has also suspended the administrative procedure for approving the tourism-property project. Despite this, the property company has brought unfounded and intimidatory actions for damages against the municipality of Villasimius and the environmental associations and has already opened the building site with the intention of starting work even if it is unlawful.

None of the tourism-property developments described above has been the subject of a specific and mandatory environmental impact assessment pursuant to Directive 85/337/EEC(1), consolidated and amended by Directive 97/11/EEC(2) (Annex II, point 12(c)), or of an environment impact assessment under Directive 92/43/EEC(3).

Is the Commission aware of this situation?

Can the Commission verify whether the measures concerned comply with the regulations on environmental impact assessments and the protection of sites included in the Natura 2000 network? Does the Commission intend to take appropriate action?

Do the two sites of Community important receive Community funding for conservation under Life or other programmes? Is any Community funding planned or in place, including Structural Fund monies, which might be of direct or indirect concern to such development plans?

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

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

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

Answer given by Mrs Wallström on behalf of the Commission

(4 December 2000)

The project mentioned by the Honourable Member appears to be covered by the class of projects listed in No 12(c) of Annex II to Council Directive 97/11/EC of 3 March 1997, which amended Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.

The Directive provides (Article 4(2)): Subject to Article 2(3), for projects listed in Annex II, the Member States shall determine through: (a) a case-by-case examination, or (b) thresholds or criteria set by the Member State whether the project shall be made subject to an assessment in accordance with Articles 5 to 10. Member States may decide to apply both procedures referred to in (a) and (b).

The sites ITB000054 Porto Giunco and ITB000057 Stagno Notteri are proposed sites of Community importance (pSCI), under Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora. With reference to proposed sites of Community importance under Directive 92/43/EEC, Member States have to ensure that the aims of the Directive are not jeopardised. Even in the absence of a Community list, Member States are therefore advised at least to abstain from all activities that may cause a site on the national list to deteriorate.

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 and to ensure the observance of Community law.

The LIFE-Nature project Proposal for the introduction of a monitoring integrated programme for environmental resources in vulnerable areas (Natura 2000), of which the beneficiary is Regione Sardegna, targets all the Natura 2000 sites on the island, thus including the two sites mentioned by the Honourable Member.

The Commission has approached the regional authorities to learn whether the project in question has been or will be co-financed through the Structural Funds. It will not fail to pass this information on to the Honourable Member as soon as it receives it.