WRITTEN QUESTION E-2054/03

by Monica Frassoni (Verts/ALE) to the Commission

(20 June 2003)

Subject: Degradation of Special Protection Area (SPA) IT5210070 Lake Trasimeno (Italy)

It emerges from a communication of 18 October 2002 that the Commission has initiated infringement proceedings (proceeding no. 2002/4342) against Italy over degradation of habitat and disruption to species within Special Protection Area IT5210070 Lake Trasimeno, a situation caused by activities cofinanced by European funding under the rural development programmes.

This disruption is particularly worrying, given that, as part of the first phase of the project, 1 596 m2 of marsh reeds, 4 224 m2 of hygrophylous scrub, 6 424 m2 of mixed vegetation, and 6 552 m2 of humid grassland have already been destroyed to make way for a path (2,5 m wide and 15,67 km long), which is planned to be around 57 km in length on completion, equal to the entire perimeter of Lake Trasimeno, leaving no virgin area on its shores where protected wildlife could reproduce or establish itself.

The project in question, cofinanced by the EU, was clearly drawn up without an environmental impact assessment, and represents a further breach of Directive 92/43/EEC(1), despite the recent ruling against Italy by the Court of Justice (C-143/02).

As a result, the courts have already ruled twice against those carrying out the work, on the grounds of the serious damage caused to the environment and the countryside.

Can the Commission state what stage the above infringement proceedings have reached and whether it has taken steps to suspend EU cofinancing for the project pending establishment of the facts?

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

Answer given by Mrs Wallström on behalf of the Commission

(31 July 2003)

Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora provides for the protection of Sites of Community Importance that will, according to the procedure laid down in the Directive, be designated as Special Conservation Areas. The obligations contained in Article 6 apply to all the authorities of Member States, at national, regional or local level. In particular, under Article 6(3), 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 provision mentioned above applies to Sites of Community Importance (SCI) under Directive 92/43/EEC and Special Protection Areas (SPA) under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1).

Italy informed the Commission, in its reply to the letter of formal notice mentioned by the Honourable Member, that an ex post assessment of the project for a 14 kilometre (km) cycling path in the SPA IT5210070 Lago Trasimeno was conducted under Article 6(3) of Directive 92/43/EEC. After examining the Italian reply, the Commission considers that the project mentioned above is not likely to have a significant impact on the SPA IT5210070 Lago Trasimeno. Therefore, a full assessment of the implications of the project on the mentioned SPA is not required under Article 6(3) of Directive 92/43/EEC.

In light of the above, the Commission concludes that no breach of Directive 92/43/EEC can be identified as regards this specific aspect of the case.

(1) OJ L 103, 25.4.1979.