EN Official Journal of the European Union CE 78/478

(2004/C 78 E/0501)

WRITTEN QUESTION E-3157/03

by Monica Frassoni (Verts/ALE) to the Commission

(24 October 2003)

Subject: Enlargement of a military base in the Natura 2000 site of La Maddalena, Sardinia

On 30 September 2003, the Italian Defence Minister authorised the enlargement of the US military nuclear submarine base (project USA No 080-02) in the Sardinian archipelago of La Maddalena, which is on the list of sites of Community importance (code ITB000008, surface area 13 240 ha).

Under the project buildings covering 52 000 m2 will be constructed, as will a new 180-metre dock at Santo Stefano that will consist of an underwater structure 100 metres long and 10 metres wide to which more naval vessels could be moored. There are also plans for a number of other construction works (residential centres, service buildings, sports centres and warehouses) at other sites on La Maddalena island.

The existing base for which enlargement authorisation was requested is located within the La Maddalena National Park, but neither the environmental implications assessment under the Habitats Directive 92/43/EEC (1) nor the environmental impact assessment under Directive 97/11/EC (2) have been carried out.

The base in question is not part of Italy's national defence system and its enlargement is not therefore a work in the public interest.

Is the Commission aware of this situation?

Will it take the appropriate measures in response to this non-application of Directives 97/11/EC, 85/337/EEC (3) and 92/43/EEC?

Answer given by Mrs Wallström on behalf of the Commission

(10 December 2003)

According to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, after amendments by Council Directive 97/11/EC of 3 March 1997, Member States are obliged to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects. Projects covered by the Directive are identified in the Annexes to the Directive.

The project for the enlargement of a military base at La Maddalena, Sardinia, mentioned by the Honourable Member, does not fall in any of the categories of the Annexes to the Directive. Therefore, Directive 85/337/EEC as amended cannot apply to this specific case.

Article 6, paragraph 3 of Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, provides that ‘any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives.’ The above-mentioned provision applies to SAC (Special Areas of Conservation) and to SCI (Sites of Community Importance) under Directive 92/43/EEC. As regards pSCI (proposed Sites of Community Importance), 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. In particular, as from 10 June 1998, the authorities of a Member State have an obligation in relation to all the sites which deserve, on the basis of the scientific criteria set out in Directive 92/43/EEC for their selection, to be included in the list of the SCI, and especially as regards sites which contain priority habitat or species, to apply the principles laid down in Article 6 (paragraphs 2, 3 and 4) so as to avoid the deterioration of natural habitats and the habitats of species as well as disturbance of the species and to ensure that any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon is made subject to appropriate assessment of its implications for the site.

Should the project mentioned by the Honourable Member be likely to have significant effects on the pSCI ITB010008 Arcipelago La Maddalena, the Italian authorities should have complied with the above-mentioned obligations under Directive 92/43/EEC.

As the Commission is not aware of the specific situation described by the Honourable Member, it will take the appropriate steps to obtain detailed information and to ensure, within the limits conferred on it by the EC Treaty, compliance with Community law.

Should the Commission come to the conclusion that Community law is being breached in this specific case, it will not hesitate, as the guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure compliance with relevant Community law.

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

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

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