WRITTEN QUESTION E-1242/02

by Monica Frassoni (Verts/ALE) to the Commission

(30 April 2002)

Subject: Project to protect the Poetto coastline in Sardinia (Italy)

The Province of Cagliari is currently implementing a project to protect the Poetto coastline in the Cagliari and Quartu S. Elena municipalities of Sardinia (Italy), on the basis of Ministry of the Interior Order (civil protection) No 2878 of 20 October 1998 and with EUR 15 493 707 of Community funds from the 1994-1999 CSF. This project, which was approved by the relevant departments at their meeting of 30 August 1999, provides for an environmental impact assessment pursuant to Directive 92/43/EEC(1) (decisions of environmental protection officials of the autonomous Region of Sardinia No 3152 of 9 November 1999 and No 1893/V of 21 September 2001). It also provides, in particular, for the building of a new road along the Quartu S. Elena salt marshes, which will involve the complete removal of the former coastal road, the rehabilitation of the dune system and pine-forest and the gradual refurbishment of the Poetto beach over a period of two years, with 370 000 m3 of sand of the same type as that of that beach.

It would seem that none of the above measures has yet been completed, and there are doubts as to whether the project is being implemented as approved. These doubts concern, in particular, the supply of sand, which has taken place in recent weeks within a period of 15 days and whose type is different from the type laid down in the plan. This is liable to cause serious damage to the protected ecosystems, and especially to the posidonia oceanica meadow.

The environmental organisations Friends of the Earth and Legal Intervention Group have approached the Community, national and local authorities, asking for checks to be carried out to ascertain whether the project is being properly implemented. As a result, the Commission has opened procedure No 99/4811.

Is the Commission aware of the above?

Has it checked whether the legislation on the protection of natural and semi-natural habitats (Directive No 92/43/EEC) and the actual project stipulations, as officially approved and funded by the Community, are being complied with?

Does it intend to take appropriate action on the matter?

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

Answer given by Mrs Wallström on behalf of the Commission

(19 June 2002)

As mentioned by the Honourable Member, the Commission has opened an infringement file further to a complaint on the project to protect the Poetto coastline in Cagliari (including an urban road and associated developments) and is assessing a possible breach of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, with reference to the possible implications on the Special Protection Area ((SPA) under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1)) Stagno di Molentargius (ITB044002) and on the proposed Site of Community Importance (pSCI under Directive 92/43/EEC, Stagno di Molentargius e territori limitrofi (ITB040022). Should the Commission come to the conclusion that Community law is being breached in the specific case, it would not hesitate, as the guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure compliance with the relevant Community law.

The shore refilling carried out in the last few weeks is not part of the investigation made in the framework of the above mentioned complaint. In any event, the information given by the Honourable Member on this issue is not sufficiently detailed. As there are insufficient grounds of complaint in relation to the application of Directive 92/43/EEC to the issue, no potential breach of the directive mentioned above can be identified at present. Should the Honourable Member provide more detailed information enabling the Commission to assess the implications of the shore refilling on habitats and species present in the pSCI, the Commission would be able to investigate this matter as well.

(1) OJ L 103, 25.4.1979.