WRITTEN QUESTION E-0997/01

by Giorgio Celli (Verts/ALE) to the Commission

(30 March 2001)

Subject: Projected construction of the Torre Inserraglio Marína near Serra Cicora in the Commune of Nardò (Lecce)

The Commune of Nardò (Lecce) has begun administrative proceedings, at the request of the ICOS company, to approve the final project for the Torre Inserraglio Marína to be constructed at Serra Cicora.

The project would cover a total area of 72 000 m2, and involve: the excavation of an internal basin measuring 42 000 m2; an access canal 55 m long and 35 m wide; two outer breakwaters projecting out to sea, one 148 m long and the other 15 m long; various infrastructures on land covering a total area of 27 000 m2 (including a car park for over 300 cars, link roads and two administrative buildings). The designated site is about 4 km from SCI (Site of Community Importance) IT9150013 - Palude del Capitano, about 1,1 km from SCI IT9150007 - Torre Uluzzu, and adjacent to SCI IT9150024 - Torre Inserraglio.

The excavation of the access canal to the port will affect a stretch of cliffs featuring a natural habitat designated as sea cliffs of the Mediterranean coasts (with endemic limonium spp) (sea lavender) and recognised as being of Community interest pursuant to Directive 92/43/EEC(1). Large areas of the projected site are covered by Mediterranean maquis, which is protected under both national and regional legislation. The site also contains various species of orchids (Orchis Morio, Orchis papilionacea, Ophrys tenthredinifera) which are protected under the CITES convention.

Some 2,5 km offshore from the site lies Zone A (the section subject to the most stringent restrictions on use) of the Porto Cesareo Natural Maríne Protected Area(2). Moreover, the projected marina would be only 20 m from the well-established Porto Selvaggio Regional Park, and right next to a very important archaeological site which the University of Lecce's palaeontology department has been excavating for over three years(3).

The site in question is also subject to various planning restrictions(4). ICOS plc's relentless persistence is closely linked to the fact that the company also owns the nearby Torre Inserraglio residential complex (which, moreover, is situated right in the middle of the Torre Inserraglio Site of Community Importance).

In the summer of the year 2000, without any prior environmental impact assessment having been carried out, a section of cliffs near the beach serving the complex was excavated to create a cement slipway for boats. The complex, which is currently being extended, is in fact an insidious means of changing the whole area for ever.

A public committee has been set up in the Commune of Nardò comprising environmental associations, political parties and citizens opposed to the project in question because of the devastating effect it will have on the local environment.

In view of the foregoing:

- Can the Commission ensure that impact assessment and analysis of the environmental effects is carried out to ensure the project complies with environmental impact assessment requirements?

- Could the Commission state what measures it intends to take to ensure the protection of the Sites of Community Importance mentioned?

- Could the Commission confirm whether the works involved in the construction of the Torre Inserraglio residential complex on the Site of Community Importance of the same name involved any breach of Community legislation on habitats (Directive 92/43/EEC) and on environmental impact assessment (Directive 97/11/EC(5))?

- Could the Commission ascertain whether grounds exist for initiating the infringement procedure?

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

(2) Established by ministerial decree of 12.12.1997.

(3) Some months ago, the University officially requested development restrictions on archaeological grounds. The excavation work along the coast involved in the project would permanently jeopardise any research along the coastal strip which - according to the University - is expected to yield traces of human occupation going back to the early Neolithic period. The University of Lecce has already notified the archaeological protection authority in Taranto and the authorities responsible for environmental protection in Bari of its concerns. To date, however, it has received no reply.

(4) Arising from L 1497/39 (now repealed and replaced by the single text containing legislative provisions relating to the protection of the cultural and environmental heritage pursuant to Article 1 of L 352/97, approved by legislative decree No 490 of 29.10.1999); restrictions arising from the general regulatory plan applicable to E2 zones; agricultural protected landscape zone; restrictions arising from exceptions to the general regulatory plan applicable to E4 zones, ecological protection zones.

(5) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(14 June 2001)

Article 6 of Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora, provides for protection requirements with reference to Special Conservation Areas (SCA). Under Article 4, paragraph 5, of Directive 92/43/EEC these requirements are applied also to Sites of Community Importance (SCI) when, on the basis of the list of proposed Sites of Community Importance (pSCI), they are adopted in accordance with the procedure laid down in Article 4 paragraph 2. At present, SCA have not been designated yet and the list of the SCI has not been adopted yet. However, with reference to proposed Sites of Community Importance, in particular when including priority habitat and species, Member States have certain obligations to act in a way so as to ensure that the aims of the Directive are not jeopardised. Even in the absence of a Community list, Member States' authorities are advised to at least abstain from all activities that may cause a proposed site to deteriorate.

On the basis of the information given by the Honourable Member, the area chosen for the marina to be built does not fall within any of the three proposed Sites of Community Importance IT9150013, IT9150007 and IT9150024. No likely effects on these sites have been identified. Therefore, in the absence of more information on how habitat and species may be affected by the project, no significant impact of the project on the sites mentioned can be presumed. In addition, it is not evident that the excavation of the access canal falls within any pSCI.

Therefore, in the light of the information given by the Honourable Member and of the above mentioned legal regime presently in force for proposed Sites of Community Importance (pSCIs), no evidence of any significant impact of the project on the proposed Sites of Community Importance IT9150013, IT9150007 and IT9150024 can be presumed.

The project mentioned by the Honourable Member appears to be a project of Annex II of 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 modified by Directive 97/11/EC(2) (class 12 b Marínas). For projects listed in Annex II, the directive mentioned provides that Member States shall determine through a case-by-case examination, or thresholds or criteria, whether the project is to be made subject to an assessment in accordance with Articles 5 to 10. This determination is called screening.

The Environmental Impact Assessment (EIA) legislation of Regione Puglia (Deliberazione della Giunta Regionale 22 luglio 1997 No 4444 Recepimento da parte della Regione Puglia del DPR 12.4.1996 in materia di VIA) provides that marinas of any size are made the subject of an examination in order to determine whether they have to be made the subject of an EIA procedure. Therefore, Italian legislation ensures that marinas in Regione Puglia are made the subject of a screening. The obligation to carry out a screening under Directive 85/337/EEC, as modified, with reference to marinas is well transposed in the specific case. When the internal law complies with Community law and no evidence is given to presume that it is going to be breached, the Commission considers that there are no grounds for intervention. In such cases, unless it is clearly claimed that, with reference to a specific project, the competent authorities have no intention to carry out a screening or that they have failed to carry it out, the Commission is obliged to conclude that a breach cannot be presumed. Given the lack of specific grounds on complaint on the application of the EIA procedure to the specific case, no breach of the directive can be identified at present.

As for the Torre Inserraglio residential complex (within the proposed Site of Community Importance IT9150024), no information is given on the date of construction or on its size. No information is given on the habitats or species likely to be affected by it. A cement slipway for boats is not covered by Directive 85/337/EEC, as amended. On the basis of the information given by the Honourable Member, with reference to the Torre Inserraglio residential complex, no evidence of a breach of Directives 92/43/EEC or 85/337/EEC, as modified, can be presumed.

Should the Commission be informed of relevant evidence that Community law is being breached in the specific case, it would not hesitate, as the guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 (ex Article 169) of the EC Treaty, in order to ensure the observance of relevant Community law.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.