WRITTEN QUESTION E-0676/01

by Monica Frassoni (Verts/ALE) to the Commission

(8 March 2001)

Subject: Landing-stage for the amusement park Gardaland at Castelnuovo del Garda (Verona), Italy

In its answer to Question E-2653/00(1) which raised the question, among others, of the need to subject to an environmental impact assessment the construction of a jetty on the shore of the lake to serve the amusement Gardaland, situated in Ronchi di Castelnuovo del Garda (Verona), the Commission said that projects of this kind do not feature in any of the categories of project listed in the annexes to the Community directives on environmental impact assessment.

However, the beach affected by the project is covered by the SCI site Basso Garda IT3210018, which safeguards the strip of reedbeds on the southern shore of the lake.

This structure, which would allow boats belonging to the company Navigarda to dock in order to bring visitors to Gardaland via the lake, would not therefore really be of public interest and the authorities proposing the project could not invoke overriding reasons of public interest.

Does the Commission therefore not consider that the project for a jetty should not involve the SCI site in question, in view of the high level of deterioration already caused to the shore of Lake Garda by mass tourism?

Can the Commission take steps to ensure that this site is not adversely affected by further projects to provide tourist facilities?

(1) OJ C 136 E, 8.5.2001, p. 68.

Joint answer to Written Questions E-0676/01, E-0677/01 and E-0678/01 given by Mrs Wallström on behalf of the Commission

(11 May 2001)

In addition to the response given to the Honourable Member's Written Question E-2653/2000(1), as regards the construction of a jetty on the shore of Lake Garda to serve the amusement park Gardaland, situated in Ronchi di Castelnuovo del Garda (Verona), within the proposed Site of Community Importance (pSCI) Basso Garda IT3210018 under Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora(2), the Commission would like to stress the following.

Article 6 of Directive 92/43/EEC provides for protection requirements with reference to Special Conservation Areas (SCA). Under Article 4, paragraph 5, of Directive 92/43/EEC these requirements are applied also to Sites of Community Importance (SCI) when, on the basis of the list of proposed Sites of Community Importance (pSCI), they are adopted in accordance with the procedure laid down in Article 4 paragraph 2. At present, Special Conservation Areas (SCA) have not been designated yet and the list of the Sites of Community Importance (SCI) has not been adopted yet. However, with reference to proposed Sites of Community Importance, in particular when including priority habitat and species, Member States have certain obligations to act in a way so as to ensure that the aims of the Directive are not jeopardised. Even in the absence of a Community list, Member States are advised to at least abstain from all activities that may cause a proposed site to deteriorate.

The pSCI Basso Garda IT3210018 does not contain priority habitat or species. On the basis of the information given by the Honourable Member, due to a lack of grounds of complaint on the application of Community law, no breach of Directive 92/43/EEC can be identified at present in the specific case.

As regards the road projects mentioned by the Honourable Member (i.e. the superhighway SS 450, from the intersection with the existing SS 11 at Cavalcaselle, to the eastern section of the Peschiera del Garda by-pass, the section linking the village of Rovizza with the western section of the same by-pass and the connection between Gardaland and the A4 motorway by means of a fast 4-lane road), these could be covered by the

Community legislation on Environmental Impact Assessment (EIA) as set out in Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(3).

Not being aware of the situation described by the Honourable Member, the Commission will take the appropriate steps in order to gather detailed information about it and to ensure the observance of Community law.

The Commission would like to stress that Member States are required to ensure that the objectives of the Community legislation on EIA are not circumvented by the splitting of projects. The cumulative effect of projects should be taken into account when, taken together, they are likely to have significant effects on the environment.

(1) OJ C 136 E, 8.5.2001, p. 68.

(2) OJ L 206, 22.7.1992.

(3) OJ L 73, 14.3.1997.