EN Official Journal of the European Union CE 88/477

(2004/C 88 E/0489)

WRITTEN QUESTION E-3881/03

by Emmanouil Bakopoulos (GUE/NGL) to the Commission

(16 December 2003)

Subject: Encroachment on the Almyra wetlands in the prefecture of Xanthi

From the mid-1980s the coast in the region of Xanthi has been subject to intense development, a process which has led to the disappearance of large areas of wetlands.

In addition, the last few years have seen the illegal artificial draining of the Almyra wetlands which are contained in the RAMSAR Convention as some sections of these wetlands which are special protection areas (pursuant to Directive 79/409/EEC (1)), and antiquities have been found in other sections.

The work which began in 1997 covers approximately 25 hectares, and this area has been earmarked for housing. The government has so far done nothing to restore the environment there.

Is the Commission aware of these developments and, if so, what measures has it taken to restore the environment of the Almyra wetlands?

Answer given by Mrs Wallström on behalf of the Commission

(23 February 2004)

The Commission has been informed by local non-governmental organisations (NGOs) of the situation in the Almyra wetlands in the prefecture of Thrace and the concerns voiced about the protection of the site. The majority of the issues raised refer to housing developments in the area, to property issues and to the bad implementation of the legislation concerning the rules of urban construction. However, the Community has no competence in such matters. In addition, the national authorities have already taken appropriate enforcement measures in this regard (revocation of permits, imposition of penalties).

However, the general issue related to the adequate protection of the site ‘Limnes kai Limnothalasses Thrakis -Evryteri perioxi kai paraktia zoni’, which has been proposed as a Site of Community Interest under the Habitats Directive, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (2) (code GRU 3009) in view of its conservation objectives, has not yet been tackled. Following the investigation of complaints, the Commission noted that the Common Ministerial Decision 5796/1996 designating the zones of the Nestos Delta and the Vistonida and Ismarida Lakes as a national park, was no longer in force. According to Greek law, the necessary legal framework aiming at the protection of the sites and complying with the objectives set out in Council Directives 79/409/EEC of 2 April 1979, on the conservation of wild birds, and 92/43/EEC, is composed of an approved management plan (specific environmental study), a Common Ministerial Decision and a Management Body.

According to the information available, the Greek authorities have adopted Law 3044/2002 which provides for the establishment of 25 Management Bodies for a number of sites that Greece has already proposed for inclusion in the Natura 2000 network. This Law establishes a Management Body for the area ‘Delta of Nestos-Vistonida-Ismarida’ and was followed by the Common Ministerial Decision 125208/394/30.1.2003, which determined the composition of the Management Body Board. It appears that the process of creation and full operation of the Management Body has not yet been finalised. Its full establishment is expected to contribute towards the conservation objectives of these areas, the implementation of the approved management plans and their efficient protection.

Nevertheless, as the national legal framework was not in place, the Commission initiated an infringement procedure under Article 226 of the EC Treaty, considering that Greece had failed to provide the special protection area with an appropriate legal framework capable of ensuring its protection and its conservation. The Commission wishes to assure the Honourable Member that it will not hesitate to take all the appropriate measures, in order to guarantee the correct application of Community environmental law.

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

(2) OJ L 206, 22.7.1992.