EN Official Journal of the European Union CE 65/172

(2004/C 65 E/189)

WRITTEN QUESTION E-2544/03

by Antonio Di Pietro (ELDR) to the Commission

(30 July 2003)

Subject: Building work in the regional nature reserve of Partenio

The territory of the municipalities of Summonte and Ospedaletto d'Alpinolo, in the province of Avellino in Italy is inside the perimeter of the Patenio regional nature reserve, which is subject to various forms of environmental protection order.

In particular:

(a) the whole territory of the municipality of Ospedaletto d'Alpinolo and that of the municipality of Summonte above the provincial highway are, because of their scenic beauty, under special environmental protection provided by Law No 1497/39;

(b) most of the territory of the two municipalities, which is covered with woodland, is under a conservation order by virtue of Article 1(g) of Law No 431/85, as well as provisions to protect the watercourses and geological features, laid down by the ‘Special Plan’ introduced by the authority responsible for the Volturno and Liri Garigliano river basins to eliminate the most serious risks;

(c) the highest part of the territory of the two municipalities is also included in the site of Community interest — code number IT 8040006 — known as ‘Dorsale Monti del Partenio’, protected under Directive 92/43/EEC (1) and Article 5 of Presidential Decree No 357 of 8 September 1997.

Despite these safeguards and in contravention of the provisions of Article 3(6) of Directive 92/43/EEC, the local authorities of Ospedaletto d'Alpinolo and Summonte — after obtaining funding from the Region of Campania — are carrying out major works projects with a significant impact on the conservation area, without the necessary environmental impact assessment stipulated in the directive.

Does the Commission agree that in the absence of respect for the Community legislation referred to, the permits issued by the competent Italian authorities for these projects are unlawful?

Answer given by Mrs Wallström on behalf of the Commission

(11 September 2003)

Under Article 6, paragraph 3, of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, with reference to the sites which, according to the procedure laid down by the Directive, will be listed as Sites of Community Importance (SCI) and which will be designated as Special Areas of Conservation (SAC):

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.

However, the information given by the Honourable Member has not revealed any specific grounds on possible breach of Directive 92/43/EEC in the specific case. In particular, no detail is given as regards the works which are claimed to have a significant effect on the proposed Site of Community Importance IT 8040006 ‘Dorsale Monti del Partenio’. Therefore, in the light of the above, no breach of the above mentioned Directive can be identified at present. Should the Honourable Member provide detailed information enabling the Commission to assess the issue in relation to Directive 92/43/EEC, the Commission would be able to investigate this matter.

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