WRITTEN QUESTION E-1783/02

by Giovanni Pittella (PSE) to the Commission

(24 June 2002)

Subject: Protection of the River Galaso-Torre Mattoni-Lake Salinella biotope

In view of the fact that:

- the area between the River Galaso and Lake Salinella, with its flora and fauna, is an important part of the environmental heritage of Apulia and of Italy as a whole, that it is an area subject to land use restrictions on conservation and hydrogeological grounds and a protected area (Regional Government Decree No 503 of 15 October 1992) and that it is also a totally protected nature reserve under the regional law on the creation and management of protected areas;

- these wetlands are under threat from the constant adoption by the Ginosa municipal council of land development plans;

- these plans, which threaten the area of land owned by the state and granted to the LIPU (Italian Society for the Protection of Birds), in contravention of Directives 92/43/EEC(1) (habitats) and 79/409/EEC(2) (birds), are the subject of two MAGPs for forest improvement financed by the Apulia region through its forestry department;

- the damage to the River Galaso-Torre Mattoni-Lake Salinella biotope is being exacerbated by the Apulia regional government's significant delay in adopting the PUTT-PBA (territorial development plan on the theme of the countryside and environmental assets) and in implementing the regional law on standards for the preservation and management of protected natural areas which, on adoption, contained nothing more than a list of names and did not precisely demarcate the areas concerned;

how will the European Commission act to find a positive solution to this prime example of poor land-use planning, which will cause substantial damage to the environmental heritage of southern Apulia?

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

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

Answer given by Mrs Wallström on behalf of the Commission

(25 July 2002)

The Commission's powers are limited to those conferred on it by the EC Treaty. In particular, the Commission is responsible for ensuring that Community law is properly applied within all Member States. On the basis of Article 211 of the EC Treaty, in order to ensure the proper functioning and development of the common market, the Commission shall ensure that the provisions of this EC Treaty and the measures taken by the institutions pursuant thereto are applied. As the guardian of the EC Treaty, it does not hesitate to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of Community law.

The area between the Torrente Galaso and the Salinella Lake is included in a Site of Community Importance (SCI) proposed by Italy under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, Pinete dell'arco ionico (IT9130006).

Article 6 of Directive 92/43/EEC provides for protection requirements with reference to the Sites of Community Importance which will, according to the procedure laid down by the Directive, be designated as Special Conservation Areas (SCA). These obligations apply to all authorities of the Member States, at the 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.

Whereas the above-mentioned provision is not fully binding until formal adoption of the list of proposed Sites of Community Importance (pSCI), Member States have the obligation to act in a way that does not jeopardise the objectives of the Directive and should therefore take the necessary measures to avoid damage to pSCIs.

In the specific case mentioned by the Honourable Member, the information available to the Commission is not sufficiently detailed, and no potential breach of Directive 92/43/EEC can be identified at present. The Commission would need more precise information on which projects have been approved by the local authorities, whether these projects have been subjected to an evaluation of their implications for the site, whether they can be considered as jeopardising the objectives of the Directive and which are the implications of the projects on habitats and species present in the pSCI. Should the Commission receive more detailed information enabling it to assess the correct application of Directive 92/43/EEC, it would be able to investigate this matter.