WRITTEN QUESTION P-0091/03

by Fausto Bertinotti (GUE/NGL) to the Commission

(20 January 2003)

Subject: Extension of the tourist port at San Felice Circeo (Latina, Italy)

The municipality of San Felice Circeo has decided to double the size of the local tourist port. It has not, however, heeded the counsels of the regional advisers, notably with regard to the planning, coastal erosion and urban development aspects. The project has not been subjected to an environmental impact assessment, nor has

there been a proper study concerning current flows and erosion risks. Equally, no account has been taken of the natural beauty dimension of the Circeo promontory (the area concerned by the project falls within the Circeo National Park, which is an SCI [Site of Community Importance]). The Lazio Regional Administrative Court has annulled the procedure for approval of the project, on the grounds of the site's environmental importance; but, despite this, the mayor of San Felice Circeo has already announced that he will appeal to the Council of State, even though the tourist port project involves private enterprise only.

Does the Commission not believe that the entire administrative history of this project, and the project itself, entail breaches of basic environmental law, especially given the absence of an environmental impact assessment?

Does the Commission not consider that, in view of the serious risks of habitat damage which the project would involve, there is an urgent need for the EU to intervene with the municipal authorities, so as to ensure that this enormously important area is protected?

Does the Commission not believe that all procedures relating to these projects should be suspended as of now?

Answer given by Mrs Wallström on behalf of the Commission

(25 February 2003)

According to 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 Directive 97/11/EC of 3 March 1997(2), Member States are obliged to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects. Projects covered by the Directive are identified in the annexes. Projects listed in Annex I are made subject to an environmental impact assessment procedure. For projects listed in Annex II, Member States are obliged to determine through a case-by-case examination or by setting criteria or thresholds whether a project is to be made subject to an environmental impact assessment procedure.

Based on the information given by the Honourable Member, the Commission considers that, since marinas are projects of Annex II of the Directive, the work to which the Honourable Member refers could fall within the scope of Directive 85/337/EEC as amended, and, in particular, into categories 13 of Annex II of the Directive(3). In the light of the above, the Italian authorities should have determined through a case-by-case examination or by applying thresholds or criteria set by the Italian legislation, whether the project had to be made subject to an environmental impact assessment procedure.

Article 6 of Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora(4), provides for the protection of Sites of Community Importance which will, according to the procedure laid down by the Directive, be designated as Special Conservation Areas. These obligations apply to all authorities of the Member States, at national, regional or local level. In particular, under Article 6, paragraph 3, any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives.

The above-mentioned provision applies to Sites of Community Importance (SCI) under Directive 92/43/EEC and Special Protection Areas (SPA) under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(5). Even if it may not, at present, be fully binding for proposed Sites of Community Importance (pSCI) under Directive 92/43/EEC, these being sites which have been proposed by Member States but not yet included in an official list of sites of Community interest adopted by the Commission, Member States have an obligation to act in a way that does not jeopardise the objectives of the Directive and ensure therefore that measures are taken to prevent the deterioration of proposed sites.

Should the project mentioned by the Honourable Member be likely to have significant effects on the SPAs and/or pSCIs contained in the area of the Parco nazionale del Circeo, the Italian authorities should have complied also with the above-mentioned obligations under Directives 92/43/EEC and 79/409/EEC.

As the Commission is not aware of the specific situation described by the Honourable Member, it will take the appropriate steps in order to gather detailed information and to ensure, within the limits conferred on it by the EC Treaty, the compliance with Community law.

Should the Commission come to the conclusion that Community law is being breached in the specific case, it will not hesitate, as the guardian of the Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the compliance with relevant Community law.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) Any change or extension of projects listed in Annex I or Annex II, already authorized, executed or in the process of being executed, which may have significant adverse effects on the environment.

(4) OJ L 206, 22.7.1992.

(5) OJ L 103, 25.4.1979.