WRITTEN QUESTION E-3436/02

by Monica Frassoni (Verts/ALE) to the Commission

(2 December 2002)

Subject: Failure to act against unauthorised building in the Molentargius-Saline, Cagliari-Quartu S. Elena site of Community importance in Sardinia (Italy)

In the agricultural area of Is Arenas-Medau su Cramu in the municipalities of Cagliari and Quartu S. Elena, a number of complaints have been registered with the Community, national, regional and, local administrative and legal authorities by the Friends of the Earth and Justice Action Group ecological associations regarding around 190 cases of unauthorised building with a total volume of around 60 000 cubic metres.

The area in question forms part of the Molentargius wetlands and surrounding areas, a proposed site of Community importance within the meaning of Directive 92/43/EEC(1) as implemented by Presidential Decree No 357/1997 (formally listed under Ministerial Decree No 65 of 3 April 2000). It is also part of the Molentargius-Saline regional wildlife park(2). The area, which is subject to the Molentargius-Monte Urpinu area(3) landscape protection regulations(4) and must be kept intact(5), is also classified as a wetland area of international importance(6). To date, however, no specific and effective measures have been adopted to remedy the infringements of the relevant legislation or prevent further extremely serious damage to this wildlife area of Community importance.

Is the Commission aware of the above problem?

Are infrastructural projects (roads, water mains, sewers, etc.) being carried out or have they been carried out with Community funding (MAGP Sardinia 1994-1999 and/or Sardinia ROP 2000-2006) for unauthorised buildings in the Molentargius-Saline area?

Does the Commission intend to take suitable measures in response to the serious problem of unauthorised building operations in Molentargius-Saline, a proposed site of Community importance?

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

(2) Regional law, Sardinia, No 5/1999.

(3) Decree of 12 January 1979, Cultural Affairs Councillor of the Autonomous Region of Sardinia.

(4) Legislative Decree No 490/1999, Articles 139 to 140 and 146(1)(i).

(5) Regional Law No 23/1993, Article 2(1)(b).

(6) Ramsar International Convention of 2 February 1971, implemented by Presidential Decree No 448/1976 (area specified in Ministerial Decree of 17 June 1977).

Answer given by Mrs Wallström on behalf the Commission

(16 January 2003)

The Honourable Member claims that 190 unauthorised buildings with a total volume of around 60,000 cubic metres constructed have resulted in serious damage to Stagno di Molentargius e territori limitrofi which is a proposed Site of Community Interest under Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1).

Article 6 of Directive 92/43/EEC provides for the protection of Sites of Community Importance which will, according to the procedure laid down by the Directive, be designated as Special Conservation Areas. These obligations apply to all authorities of the Member States, at national, regional or local level. In particular, under Article 6, paragraph 2, Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive.

The provisions of Article 6, paragraph 2, of Directive 92/43/EEC apply to Sites of Community Importance (SCI) and to Special Conservation Areas (SCA) under Directive 92/43/EEC. Even if it may not, at present, be fully binding for proposed Sites of Community Importance (pSCI) under Directive 92/43/EEC, these being sites which have been proposed by Member States but not yet included in an official list of sites of Community interest adopted by the Commission, Member States have an obligation to act in a way that does not jeopardise the objectives of the Directive and ensure therefore that measures are taken to prevent the deterioration of proposed sites.

However, the information given by the Honourable Member does not contain any description of these unauthorised buildings nor of their impact on the site. Therefore, it is not possible to establish their location and time of construction. In addition, it is not possible to identify which natural habitat and habitat of species within the pSCI Stagno di Molentargius e territori limitrofi have suffered deterioration as a result of these buildings or how they have been so affected. Furthermore, it is not possible to identify which species within the mentioned pSCI have been disturbed by these buildings or how they have been disturbed; it is not possible to identify which appropriate steps the Italian authorities have failed to take under Article 6, paragraph 2, of the Directive.

Therefore, on the basis of the information given by the Honourable Member, due to a lack of grounds, no breach of Community law can be identified at present.

In addition, according to the Regional authorities of Sardinia, the information given by the Honourable Member does not allow the exact identification of the infrastructural projects concerned by the question (roads, water mains, sewers, etc.): it is therefore impossible to establish whether they have been carried out with Community funding within the framework of multiannual guidance programme (MAGP) Sardinia 1994-1999 and/or Sardinia regional operational programme (ROP) 2000-2006.

(1) OJ L 206, 22.7.1992.