WRITTEN QUESTION E-0058/02

by Monica Frassoni (Verts/ALE) to the Commission

(24 January 2002)

Subject: Palalvo area plan and Caorle lagoon

A major threat is currently hanging over a part of the eastern Veneto coastline which is of exceptional environmental importance, with particular reference to Caorle lagoon and the Foce Tagliamento biotope in the municipalities of Caorle and S. Michele al Tagliamento in the Province of Venice.

The Veneto Regional Council is currently in the process of adopting the Palalvo area plan (area plan for the eastern Veneto lagoons and coastline). This is claimed to be an environmental plan aimed at safeguarding and ensuring sustainable management of the lagoon areas, but in fact involves the construction of a huge complex of tourist ports (with around 7 000 new moorings) and buildings (around 4 million square metres of floorspace).

The work on the ports and buildings is governed by master plans and executive plans. The former are not directly applicable but must first be incorporated into the overall development plans of the municipalities concerned, which are, however, obliged to comply with them. The executive plans are directly applicable with Palalvo approval, without any changes needing to be made to overall development plans. No environmental impact assessments of the SCI and SPA sites affected have yet been carried out.

The plan runs counter to Community Directives 92/43/EEC(1) (habitats) and 79/409/EEC(2) (wild birds) in that the Caorle lagoon area has been designated a site of Community importance (SCI) and a special protection area (SPA) within the meaning of these directives (SCI IT 3250009 Laguna di Caorle; SCI IT 3250014 Foce del Tagliamento and Valli Arginate di Bibione; and SPA IT 3250020 Valle Vecchia di Caorle).

Given the above, would the Commission state:

- whether it is aware of this situation;

- how it intends to protect the SCI and SPA sites affected by the tourist development plans;

- and whether Community legislation on environmental impact assessments (97/11/EC(3)) has been complied with in this instance?

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

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

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

Answer given by Mrs Wallström on behalf of the Commission

(12 March 2002)

The Commission is aware of the ongoing process for the approval of the Palalvo area plan, which covers an area that includes Sites of Community Importance (SCIs) 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, and a Special Protection Area (SPA) designated under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.

Article 6 of Directive 92/43/EEC 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 SCIs when, on the basis of the list of proposed Sites of Community Importance (pSCIs), they are adopted in accordance with the procedure laid down in Article 4 paragraph 2. At present, Special Conservation Areas have not yet been designated and the list of the SCIs has not yet been adopted. 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 are advised to at least abstain from all activities that may cause a proposed site to deteriorate.

Concerning the Special Protection Areas (SPA) designated under Directive 79/409/EEC, and according to Article 7 of Directive 92/43/EEC, Article 6 (2), (3) and (4) of Directive 92/43/EEC already applies.

According to the information provided by the Honourable Member, the Palalvo area plan has not been approved yet. The Italian authorities are responsible for ensuring compliance with Community law and, therefore, for ensuring that an appropriate assessment of the impact of the plan on the SPA Valle Vecchia di Caorle is done before it is approved, and that the conservation objectives of the pSCIs Laguna di Caorle and Foce del Tagliamento e Valli Arginate di Bibione are not compromised by the area plan.

Should the Commission be informed that there is a breach of Community law, it will, as guardian of the EC Treaty, take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure compliance with the relevant Community legislation.

Concerning the application of Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, this Directive concerns only projects, not plans, and the area plan under consideration does not, therefore, have to be the subject of an Environmental Impact Assessment.