WRITTEN QUESTION E-0159/02

by Cristiana Muscardini (UEN) to the Commission

(4 February 2002)

Subject: Protection of the environment in the Po Delta

The creation of a regional park in the Po Delta should, it was hoped, have ensured preservation of the delicate equilibrium of a wetzone which is one of the largest in Europe and where over 300 bird species including flamingos, cormorants, falcons, buzzards, black swans and mallards find their natural habitat among the salt canals and the sandbanks of the estuary.

The area has already been declared a Special Protection Area (SPA) and a Site of Community Interest (SIC), as well as a primary reproduction area for the heron community. Nonetheless, the fear continues to exist that environmental degradation could result from urban or industrial development schemes, waste disposal projects or the failure to convert a currently oil-based electric power station to methane.

In view of the above risks:

1. Can the Commission state whether it considers it necessary to monitor the situation closely and ensure that the Community environmental legislation is properly applied?

2. Will the Commission remind the local authorities that the fact that this area has been granted the status of Special Protection Area and Site of Community Interest entails obligations and duties as regards the conservation of a resource which belongs to all the citizens of the Union?

Answer given by Mrs Wallström on behalf of the Commission

(12 March 2002)

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 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. As the guardian of the EC Treaty, it does not hesitate to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of Community law.

In the Po Delta there are several Special Protection Areas (SPAs) designated under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1) and Sites of Community Importance (SCI) proposed by Italy under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(2). Article 6 of Directive 92/43/EEC provides for protection requirements with reference to Special Conservation Areas (SCAs) and SPAs. These obligations apply to all authorities of the Member States, at national, regional or local level.

However, the Commission is not in a position to assess issues concerning possible future situations of breach of Community law, as raised by the Honourable Member. Future developments in the situations of certain SPAs and SCAs cannot be considered falling under the responsibilities of the Commission acting as the guardian of the EC Treaty. In addition, it would be stressed that situations claimed to be inconsistent with Community legislation need to be precisely described so as to enable the Commission to assess them in relation to relevant Community environmental law.

Therefore, on the basis of the information given by the Honourable Member, no breach of Community law can be identified at present. Should the Honourable Member provide detailed information enabling the Commission to assess the issues in relation to the above mentioned directives, the Commission would then be able to investigate this matter.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.