WRITTEN QUESTION P-3420/02

by Monica Frassoni (Verts/ALE) to the Commission

(26 November 2002)

Subject: Property development inside the SCI zone on the Monti Russu coast, Aglientu, Sardinia

On the Monti Russu coast in the municipality of Aglientu (Sassari), as has been pointed out on several occasions to the competent Community(1), national, regional and local administrative and judicial authorities by the Monti Russu Protection Committee and the environmental organisations Friends of the Earth and the Legal Action Group, the Lido dei Coralli company has started work on dividing the land, covering a total volume of 95 200 cubic metres, up into lots. The area in question falls within the Monti Russu pSCI (code ITB000006), pursuant to Directive 92/43/EEC as implemented by Presidential Decree No 357/1997 (formal list in Ministerial Decree No 65 of 3 April 2000) and the planned Monti Russu regional nature reserve(2), and is protected by general land-use restrictions(3), specific land-use plan No 1(4) and total conservation requirements(5). Despite the major environmental impact that the project will clearly have (Aglientu Municipal Council has itself provided for work covering a total volume of up to 350 000 cubic metres within the pSCI) a totally unsatisfactory environmental impact assessment has been approved(6) (in particular, some habitat areas Pseudo-steppe with grasses and annuals: Thero-Brachipodietea' *6620, Mediterranean salt meadows Juncetalia maritimi 1410 and Dune slerophyllous scrubs-CistoLavanduletalia 16.28 have been wrongly designated as damaged areas; no account is taken of the volumes concerned and the development already existing on the site or of the site clearance work and access road building already carried out by the developer; and ridiculous compensatory arrangements are proposed)(7) and a prior checks procedure was conducted and concluded with a decision not to carry out an environmental impact assessment (Directive 97/11/EC, Annex II, point 12, point c, supplementing and amending Directive 85/337/EEC)(8). The property development is located right in the middle of the site and would wreck its natural harmony. Furthermore, the European Union is financing the LIFE Natura 1999 06189 Juniperus Dunes project conducted by the Algientu Municipal Council, which includes the above development plans(9).

Is the Commission aware of this situation?

On the basis of what criteria and procedures was a LIFE Natura project of this kind approved and financed?

Does the Commission intend to take appropriate measures on the basis of the findings of the environmental impact assessment and the prior checks procedure?

(1) The author has already submitted written questions 3340/00 and 0921/01 on this project.

(2) Sardinian Regional Law No 31/1999 (Annex A).

(3) Legislative Decree No 490/1999, Arts 139 and 140 (as provided for in the Ministerial Decree of 29 October 1964) and 146, paragraph 1, points a, g.

(4) Decree No 266 of 6 August 1993 of the President of the Sardinian Autonomous Regional Executive.

(5) Regional Law No 23/1993, Article 2, paragraph 1, point a.

(6) Decision No 1564/V of 11 July 2001 of the Director-General of the Regional Environmental Protection Department.

(7) Such as, for example, the transplanting of 40 significant juniper bushes in the village gardens, as against the destruction of 32 % of the Matorral a Juniperis spp 5210 habitat and the total destruction of other habitats in the area in question.

(8) Decision No 2372/VIII of 7 December 2001 of the Director of the SIVEA (environmental impact) Service in the Regional Environmental Protection Department.

(9) See the revised LIFE project document on the main problems, threats to the habitat and the species affected by the work at the sites at which the project is being conducted.

Answer given by Mrs Wallström on behalf of the Commission

(6 January 2003)

The Commission is aware of the issue mentioned by the Honourable Member. The Commission has opened an official complaint on this case.

The LIFE project beneficiary (Municipality of Aglientu) indicated in the application (Form 99/10) that, within the threshold set in the urban plan, they intended to limit to a maximum of 350 000 square metre the total building volume within the proposed Site of Community Importance. They also explicitly mentioned that this would be done in full respect of the applicable regional, national and Community law and, in particular, with reference to article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1).

Community funded projects have to comply with Community law. The project decision and conditions reinforce this obligation and the commitment by the beneficiary to enforce it.

The case, referred to in the complaint, is under assessment. The Commission will take appropriate steps, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of Community law.

(1) OJ L 206, 22.7.1992.