WRITTEN QUESTION E-3340/00

by Monica Frassoni (Verts/ALE) to the Commission

(25 October 2000)

Subject: Tourism-oriented property development on the Monte Russu coast, commune of Aglientu, Sardinia (Italy)

On 9 June 2000 Aglientu Municipal Council (Sassari, Italy) approved a site plan submitted by the Lido dei coralli company to construct tourist facilities on the Monte Russu coast covering a total volume of over 95 000 m3 (hotels, a block of flats, private homes, and services)(1).

The stretch of coast concerned lies on the Monte Russu site, considered to be of Community importance (code ITB000006). It is protected by land use restrictions for conservation reasons (Legislative Decree No 490/1999) and has been classed under Sardinian Regional Law No 31/1989 as a regional nature reserve. Moreover, a conservation operation financed by the Community under LIFE is being carried out on the site.

Environmental organisations (Friends of the Earth, the Legal Action Group, and the WWF) have already drawn the case to the attention of the national and local authorities. None of the facilities and projects referred to above are being examined in a binding specific environmental impact assessment within the meaning of Directive 85/337/EEC(2), supplemented and amended by Directive 97/11/EC(3), Annex II, point 12(c), or in an assessment of environmental effects for the purposes of Directive 92/43/EEC(4).

1. Is the Commission fully aware of the case described above?

2. Can it check whether the facilities referred to above are in accordance with the legislation on environmental impact assessment and protection of a site forming part of the Natura 2000 network?

3. Will it take appropriate steps in this matter?

4. How can the LIFE Community funding being granted to the commune of Aglientu be reconciled with the fact that the commune has approved a plan to construct tourist facilities on the site covered by that funding?

5. Will the Commission suspend the LIFE funding until protection of the site has been guaranteed?

6. Has the Union granted, or is it in the process of granting, other financial support, for instance under the Structural Funds, that might directly or indirectly benefit the site plan in question?

(1) Municipal council decision No 22 of 9 June 2000.

(2) OJ L 175, 5.7.1985, p. 40.

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

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

Answer given by Mrs Wallström on behalf of the Commission

(4 December 2000)

The project mentioned by the Honourable Member appears to be covered by the class of projects listed in No 12(c) of Annex II of Directive 97/11/EC which has modified Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

The Directive, provides that (Article 4, paragraph 2):

Subject to Article 2 (3), for projects listed in Annex II, the Member States shall determine through:

(a) a case-by-case examination, or

(b) thresholds or criteria set by the Member State

whether the project shall be made subject to an assessment in accordance with Articles 5 to 10. Member States may decide to apply both procedures referred to in (a) and (b).

The site ITB000006 Monte Russu is a proposed site of Community importance (pSCI), under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora. With reference to proposed sites of Community importance under Directive 92/43/EEC, Member States have to ensure that the aims of the Directive are not jeopardised. Even in the absence of a Community list, Member States are therefore advised at least abstain from all activities that may cause a site on the national list to deteriorate.

In the framework of the management of the LIFE project, the Commission has been informed that an appropriate assessment of the implications of the project for the site, under Article 6, paragraph 3, of Directive 92/43/EEC, is under way. As regards Community environmental impact assessment legislation, on the basis of current information, the project has not been granted the definitive development consent.

However, the Commission will take the appropriate steps in order to gather detailed information about the situation mentioned by the Honourable Member and ensure the observance of Community law.

Since the appropriate assessment under Article 6 of Directive 92/43/EEC has not been concluded, it is not yet possible to identify problems of consistency between the project mentioned by the Honourable Member and the LIFE project. Therefore, it is considered inappropriate to freeze the LIFE financing.