EN Official Journal of the European Union CE 33/114

(2004/C 33 E/114)

WRITTEN QUESTION P-1404/03

by Luigi Vinci (GUE/NGL) to the Commission

(11 April 2003)

Subject: Protection of Sites of Community Importance (SCIs) and Special Protection Areas (SPAs) in Basilicata (Italy) with reference to the habitats (92/43/EEC) and birds (79/409/EEC) directives

The Foce Bradano (IT9220090), Costa Jonica Foce Basento (IT9220085), Costa Jonica Foce Cavone (IT9220095) and Costa Jonica Foce Agri (IT9220080) SCIs and the Bosco Pantano di Policoro and Costa Jonica Foce Sinni SPAs are under serious threat from plans to build tourist facilities behind or inside them.

It is essential to protect these areas both to safeguard biodiversity, natural habitats and the breeding grounds of the sea turtle (caretta caretta) and the otter (lutra lutra) as well as other animals listed in Annex II to Directive 92/43/EEC (1) and because of the presence of various species of migratory birds included in Annex I to Directive 74/409/EEC (2).

In 2002, following the lodging of complaints to the Commission Nos 2002/4799, SG (2002) A/7425 and 2002/4800, SG (2002) A/6930/2 by the Italian League for the Protection of Birds (LIPU) and the Costa Jonica Protection Committee, the Italian Ministry for the Environment asked the Basilicata regional authorities to obtain the documentation required to prevent the opening of infringement proceedings against the Italian State for breach of the above directives.

The construction of the tourist facilities, which in some cases is already in progress, should, under the current rules, be preceded by an environmental impact assessment (EIA). To date, however, the findings of only one EIA have been submitted.

On 14 January 2003 the Council of State suspended the enforcement of ruling No 801/2002 of the Basilicata regional administrative court, upholding LIPU's appeal against one of the construction projects, thus authorising the resumption of work even in the absence of EIAs, which are compulsory for SCIs and SPAs coming within the Natura 2000 network.

SCI IT9220095 and SPA IT9220055 are covered by Community environmental protection projects: the former by an Envireg Community Initiative for the depollution and rehabilitation of the coastline at the mouth of the River Cavone, and the latter by a LIFE-Nature project managed by the ENEA (Italian agency for new technologies, energy and the environment), the Lazio regional authorities and the Basilicata regional authorities.

Given the above, how does the Commission intend to go about putting an end to breaches of Community directives and ensuring the effectiveness of Community environmental projects and initiatives cofinanced by the EU?

Answer given by Mrs Wallström on behalf of the Commission

(21 May 2003)

The Commission has received a complaint on the issues raised by the Honourable Member for bad application of Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (3), after amendments by Council Directive 97/11/EC of 3 March 1997 (4), 79/409/EEC of 2 April 1979 on the conservation of wild birds (5) and 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (6). 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 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.

Furthermore, the Commission has taken the necessary steps with Basilicata Region in order to verify whether ERDF co-finances tourist facilities next or inside SCIs or SPAs areas mentioned in the question. Moreover, the Commission continues actively to monitor and control the use of Structural Funds under the Basilicata Operational Programme, including the conformity of selected projects with European Regional Development Fund (ERDF) regulations and with Community law.

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

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

(3) OJ L 175, 5.7.1985.

(4) OJ L 73, 14.3.1997.

(5) OJ L 103, 25.4.1979.

(6) OJ L 206, 22.7.1992.