WRITTEN QUESTION P-1432/01

by Monica Frassoni (Verts/ALE) to the Commission

(11 May 2001)

Subject: Is Arenas golf courses remain open despite reasoned opinion

On 9 February the European Commission issued a reasoned opinion on failure to apply the Habitats Directive (92/43) at the Is Arenas resort in Narbolia (Sardinia), where a golf course was built without any appropriate environmental impact assessment being carried out. Although the deadline for complying with the provisions of the reasoned opinion has expired, the course is regularly open on Wednesdays, Saturdays and Sundays, according to the statement made by Pier Maria Pellò, the Is Arenas company's administrator, to the monthly La Gazetta Sarda (March 2001 issue). The Is Arenas company advertises the golf course as being open all year round, every day, including Monday and regularly hosts 17 golf tournaments from May to the end of the year [http://www.isarenas.it].

The property company's website advertises the following amenities as already available: 18-hole golf course, par 72; 3-hole course, par 3 executive and training course; club house with restaurant; fully equipped changing rooms.

As regards watering arrangements for the golf course, the company has apparently built 24 artesian wells, all inside the Is Arenas SIC (site of community interest) ITB002228, by drilling to a depth of over 200 metres without any meters being installed to keep a check on water extraction.

The same reasoned opinion confirms that there is a serious risk of groundwater pollution both through salination, which the property company itself recognises as having already begun, and through the pesticides and chemical fertilisers used to maintain the grass surface, which are posing a threat to the site as a whole and the three priority habitats within it.

Does the Commission not consider it necessary to close down these golf courses in order to preserve this site of community interest from irreversible degradation?

What measures does the Commission intend to take to remedy the environmental damage caused by deforestation, the building of the golf resort and water extraction?

What measures does it intend to take to ensure that the public authorities responsible for granting permission to build the golf amenities (Sardinia Region and Narbolia municipality) reverse their decision (municipal building authorisations of 25 February and 21 May 1999 and regional resolution 899 of 14 April 2000)?

Answer given by Mrs Wallström on behalf of the Commission

(20 June 2001)

The information mentioned by the Honourable Member concerns a situation which is covered by an open infringement procedure under Article 226 (ex-Article 169) of the EC Treaty. The contents of infringment procedures are confidential. The response of the Italian authorities to the reasoned opinion mentioned by the Honourable Member is currently under the assessment of the Commission.

The Commission has no power to issue orders to national administrations of Member States. Where the Commission considers that a Member State has failed to comply with Community law, it may start infringement procedures: it may formally request the Member State to communicate information and observations on a certain case (letter of formal notice), it may deliver as its reasoned opinion that a certain Member State has failed to comply with its obligations under the EC Treaty

and it may bring the case before the Court of Justice. However, even judgements of the Court of Justice only state whether there has been an infringement. The Court of Justice can neither annul a national provision which is incompatible with Community law, nor force a national administration to respond to the request of an individual, nor order a Member State to pay damages to an individual adversely affected by an infringement of Community law. Only national courts can issue orders to administrative bodies and annul a national decision. It is also only national courts which have the power, where appropriate, to order a Member State to make good the loss sustained by individuals as a result of the infringement of Community law attributable to it.

As regards questions concerning environmental damage, the Honourable Member is kindly requested to refer to the reply to her Written Question E-1038/2000(1).

(1) OJ C 89 E, 20.3.2001.