WRITTEN QUESTION E-4039/97 by María Sornosa Martínez (GUE/NGL) to the Commission (14 January 1998)

Subject: Decline of the Agua Amarga saltmarshes in Alicante

The Agua Amarga saltmarshes form a unique eco-system that meets all the requirements of the Ramsar Convention, of which Spain is a signatory. This unspoilt area has considerable cultural, scientific and recreational value and its loss would be irreparable. The saltmarshes are a landscape consisting of plains of fossil and living dunes and a coastal morphology of shoals and reefs, creating an irreplaceable habitat for a variety of wildlife.

Over the years the area has been subject to increasing pressure from urban development, threatening its preservation and rehabilitation as a wetland.

In 1994 the Alicante municipal authority unanimously agreed to carry out a feasibility study for declaring the wetland a protected area. As a precondition for its consideration as a wetland conservancy under Article 15(2) of Law 11/94 of 27 December 1994 concerning Nature Conservancy Areas of the Community of Valencia, the Alicante municipal authority is required to amend its general urban planning programme (PGOU), now somewhat overdue.

1. Can the Commission write to the Alicante municipal authority, recommending it to apply Council Directive 92/43/EEC ((OJ L 206, 22.7.1992, p. 7. )) of 21 May 1992 and advising it of the need to respect the Ramsar Convention, Article 1 of which classifies salt marshes and salt meadows as wetlands?

2. If its recommendation is not followed, can the Commission appoint an expert, in accordance with Directive 92/43/EEC, to visit the area and assess its suitability as a nature conservancy area, meeting the requirements of the Directive?

3. What steps is the Commission planning to take, in accordance with the relevant administrations, to promote the overdue classification of areas deserving special protection that are still not being treated as such?

Answer given by Mrs Bjerregaard on behalf of the Commission (18 February 1998)

1. The Commission is unable to contact the Alicante municipal authority in order to recommend that it should implement Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats, wild fauna and flora ((OJ L 206, 22.7.1992. )) since its intermediary for this type of question is always the Member-State administration and not the local authorities.

The Commission has no powers to implement the Ramsar Convention in the Member States, since it has not signed that Convention.

2. Spain has still not sent in the list of areas proposed for the Mediterranean region. It is therefore not possible to know whether that particular area will be included in the proposal.

During specific meetings the Commission, together with the Member States and independent experts, is assessing the sites put forward by the Member States for inclusion in the Natura 2000 network.

Owing to the large number of sites proposed (several thousand) it is not possible to assess the value of each of these in situ.

3. In view of the delay in sending the Spanish lists the Commission has introduced an infringement procedure against Spain for failure to comply with Directive 92/43/EC.