WRITTEN QUESTION E-0406/03

by Monica Frassoni (Verts/ALE) to the Commission

(17 February 2003)

Subject: Urgent measures to protect the SPA Valloni e Steppe pedegarganiche in Apulia, Italy

The SPA Valloni e Steppe pedegarganiche (Code No IT9110008) in Apulia, Italy, is under serious threat from a series of measures, in particular reindustrialisation projects factories, a gasification plant, the Magic Land shopping centre, hotels, roads, carparks, etc., a large proportion of which are covered by the Manfredonia Regional Pact. Other serious environmental effects are caused by the conversion of agricultural land, in particular dry grazing land turned into prickly pear plantations. All these projects are concentrated in an SPA (Special Protection Area) in blatant contravention of the Habitats Directive 92/43/EEC(1) and the Wild Birds Directive 79/409/EEC(2).

The area is of particular importance in preserving biodiversity it is home to the largest colony of bats in Apulia and the last remaining population of little bustard in mainland Italy. The area has been classified as an IBA (important bird area).

Failure to implement the Habitats Directive 92/43/EEC is seriously threatening the survival of three habitats of Community importance, one of which is a priority habitat, and species included in Annex II to the Habitats Directive: 8 species of mammal; 2 species of reptile (including one priority species); one species of amphibian (a priority species); one species of fish (a priority species); one species of invertebrate (a priority species); one plant species (a priority species). 30 bird species (including 3 priority species) covered in Annex I to the Birds Directive are also under serious threat.

After repeated attempts to make the local and national authorities aware of the problem the LIPU (Italian League for Bird Protection) lodged an official complaint with the Commission (No 2001/4156SG (2001) A/2150). Following this complaint the Ministry for the Environment and Conservation called a meeting of a technical panel involving all the parties concerned. The panel has not met since June 2001. Subsequently the local authority of Manfredonia commissioned an environmental impact assessment (after the event, since a lot of projects had already been carried out). The assessment has not been made available to environmental organisations and was never submitted to the panel. In the meantime the Italian Government has granted further funding to the Regional Pact, none of which was used for compensatory measures. All of it was used for further building work.

The area in question has also benefited from EU funding under the LIFE programme in the context of the project urgent measures for the protection of Natura 2000 sites in the Gargano National Park LIFE Natura No 4 3200/98/491 the purpose of which was the conservation of the steppes, the same environment that is being destroyed by the Regional Pact. The Region of Apulia benefits from EU structural funding under Regulation (EC) No 1260/1999(3) (Regional Operational Programme 2000-2006).

What steps has the Commission taken to put an end to the infringements of the Community directives mentioned above and the destruction of the site in question?

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

(2) OJ L 103, 25.4.1979, p. 1.

(3) OJ L 161, 26.6.1999, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(4 April 2003)

The Commission has opened a complaint on the issues raised by the Honourable Member for bad application of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), after amendments by Council Directives 97/11/EC of 3 March 1997(2), 79/409/EEC of 2 April 1979 on the conservation of wild birds(3) and 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(4). This complaint is under assessment.

The information given by the Honourable Member has been added to the above- mentioned complaint file.

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 the observance of relevant Community law.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 103, 25.4.1979.

(4) OJ L 206, 22.7.1992.