WRITTEN QUESTION E-2169/03

by Monica Frassoni (Verts/ALE) to the Commission

(30 June 2003)

Subject: Further data for urgent action to protect the SPA Valloni e Steppe pedegarganiche in Apulia (Italy)

In its answer to question E-0406/03(1), the Commission stated that a file had been opened on the case of the protection of the SPA Valloni e Steppe pedegarganiche in Apulia (Italy).

It now appears necessary to point out that, pending concrete action by the Commission, this site is still in jeopardy from circumstances which are causing severe and often irreversible damage to species and habitats protected under the Community directives, namely:

- construction work is continuing within the SPA, with no compensatory measures;

- the technical panel set up by the Ministry of the Environment has only met three times, and not at all since 10 April 2001;

- the municipality of Manfredonia has submitted additional plans which will cause further damage to the SPA, yet these plans have been funded by the Apulia Region with Community monies (PEP Apulia 2000-2006 priority area I, Natural resources EAGGF, Measure 1.4, Action B Agricultural planning and extensive hydraulic forest projects for soil protection);

- the ANAS (the Italian national roads authority) and the municipality of San Giovanni Rotondo have submitted a scheme for expanding the municipal highway to four lanes, which would severely damage the rocky sections of the SPA;

- on 4 February 2003 the Apulia Region issued a set of environmental guidelines (No 21 Official Bulletin of the Republic, 11 March 2003, No 27), relating to the applicability of environmental impact and risk assessment to the projects under the Manfredonia Regional Pact. This document does not properly consider the question of impact on habitats and species protected under the Community directives. Furthermore, it does not propose suitable compensation measures, and seems intended to justify the projects already carried out in breach of the directives. LIPU (the Italian League for Bird Protection) has already lodged a complaint against this measure with the Administrative Tribunal in Bari;

- the management plan for the SPA, drawn up under the LIFE project Urgent measures for the protection of Natura 2000 sites in the Gargano National Park LIFE Natura No 4 3200/98/491, has not been adopted by either the Apulia Region or the municipality of Manfredonia;

- according to statements by the parties to the Regional Pact, the additional protocol to the contract does not provide for any investment in compensation measures; it refers to productive investment only.

1. Can the Commission state what measures it is taking to secure an immediate stop to the deterioration of this site?

2. Can it state what action it is taking to ensure that Community funds are not used for projects within this site that breach the Community directives?

(1) OJ C 280 E, 21.11.2003, p. 54.

Answer given by Mrs Wallström on behalf of the Commission

(6 August 2003)

The Commission is continuing its inquiry within the framework of the complaint file opened and within the limits of power conferred upon it by the EC Treaty.

The information given by the Honourable Member has been added to the complaint file mentioned above and will be taken into account in the assessment of the complaint. The Apulia Region Decision of 4 February 2003 on the application of environmental impact and risk assessment to the projects under the Manfredonia Regional Pact has been sent to the Commission and it is currently being assessed.

The scheme submitted by ANAS (the Italian national roads authority) and the municipality of San Giovanni Rotondo to expand the municipal highway into four lanes could be examined under: 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), as amended by Council Directive 97/11/EC of 3 March 1997(2); Council Directives 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).

However, considering that no specific grounds have been provided on which to base a complaint, a breach of these Directives cannot be identified at present. If the Honourable Member could provide detailed information that enables the Commission to assess the issue of the municipal highway in relation to the Directives mentioned above, the Commission would also be able to investigate this aspect of the matter.

As regards LIFE, it is a fact that the Puglia Region and the Manfredonia municipality have not adopted the management plan drafted as part of the LIFE project. However, the beneficiary, the Gargano National Park, informed the Commission that negotiations were under way to ensure that any projects or plans within the SPA Valloni e steppe pedegarganiche would be submitted to the Park management for their opinion. Therefore, the influence of the Park would be extended to the whole SPA. The Commission's understanding is that, given that the management plan was adopted by the Park and, according to Park management, will form the basis for the future (mandatory) Park plan, this provides the same type of guarantees that would be in place if the plan had been adopted by the regional and local authorities. It should also be noted that the Italian Environment Ministry, under a separate LIFE-Nature project, is developing guidelines for the drafting and adoption of management plans. The resulting guidelines were only published in the Italian Official Journal in September 2002, and an accompanying technical manual is only due at the end of 2003.

With regard to the possible funding under the Community Structural Funds, Measure 1.4 of the Regional Operational Programme (ROP) for Puglia 2000-2006 European Agricultural Guarantee and Guidance Fund (EAGGF), of an additional plan proposed by Manfredonia municipality, the Commission does not have any information at this stage about individual projects covered by this measure. On this subject, it should be stressed that the local implementation of projects cofinanced by the Structural Funds is the responsibility of the Member States in the framework of subsidiarity.

Measure 1.4 of the Puglia ROP is concerned with activities to restore the hydrological and geological functions of the natural and forestry systems and agricultural land. This measure is based on Article 33, 11th indent, of Council Regulation (EC) NO 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(5). In the framework of this measure, the programming complement of the ROP Puglia provides for a selection criterion which gives priority to projects in protected areas (SCI, SPA and parks).

Projects cofinanced by this measure, which should, by its nature, have a positive impact on the environment, must comply, among other things, with Community and national environmental provisions, as must all projects cofinanced by the Community Structural Funds.

The Commission will 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 that relevant Community law is observed.

(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.

(5) OJ L 160, 26.6.1999.