WRITTEN QUESTION E-1926/02

by Giorgio Celli (Verts/ALE) to the Commission

(3 July 2002)

Subject: Skiing development at sites of Community interest in the Parco d'Abruzzo (Italy)

Towards the end of 2001 the governing body of the mountain community of Alto Sangro e Altopiano delle Cinquemiglia (L'Aquila, Abruzzo, Italy) approved a project for a new skiing complex with brand-new lifts. This decision brought together proposals for skiing facilities made by the municipalities of Rivisondoli, Barrea, Roccaroso, Pescasseroli and Roccapia, and was forwarded to the Abruzzo regional authorities on the understanding that they would request the Community funding provided for under the single planning document for 2000-2006 (involving initial financing to the sum of approximately EUR 9 million). The aim is to link a number of the region's ski resorts to the Park by means of a dense network of chairlifts and cableways, which would also take in the Barrea estuary (right in the middle of the Park's main reserved zone), the basin of Lake Pantaniello (a national protected area), and the slopes of Serra di Rocca Chiarano and Monte Greco (classified as sites of Community interest code IT7110061, Serra di Rocca Chiarano Monte Greco(1)), for which Article 5 of Presidential Decree No 357(2) of 8 September 1997 clearly sets out conservation objectives. The Greco massif is home to large fauna (bears, wolves and deer) and eagles. The plans also include road links, viaducts and tunnels, as well as the creation of artificial snow facilities and other related facilities (basins and electrical installations). If these projects were to be carried out, they would destroy the natural environment and the social and economic fabric and ruin sites of outstanding natural beauty (thousands of trees would be felled). The artificial snow facilities would have a damaging effect on the watercourses (to supply a 1 500-metre stretch with artificial snow requires 20 000 cubic metres of water, in other words 20 million litres), thus worsening what were, last winter, already severe problems in the water supply.

Is the Commission aware of these circumstances? Can it ascertain whether these proposals comply with the legislation on environmental impact assessment and on the protection of sites falling within the Natura 2000 network? Is the Community funding provided for in the single programming document for 2000-2006 for the Abruzzo region compatible with the adoption by the same region of a plan for the expansion of skiing facilities which primarily affects a special protection area (code IT7120132) and sites of Community interest? Are there any other proposed or current Community funding arrangements, e.g. under the Structural Funds, which could be directly or indirectly related to this development plan?

(1) Ministerial Order of 3 April 2000. List of the special protection areas named under Directive 79/409/EEC and the sites of Community interest named under Directive 92/43/EEC.

(2) Regulation implementing Directive 92/43/EEC on the conservation of natural and semi-natural habitats and of wild flora and fauna.

Answer given by Mrs Wallström on behalf of the Commission

(11 September 2002)

Article 6 of Directive 92/43/EEC(1) on the conservation of natural habitats and of wild fauna and flora 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. In particular, under Article 6, paragraph 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 above-mentioned provision applies to Sites of Community Importance (SCI) under Directive 92/43/EEC and Special Protection Areas (SPA) under Directive 79/409/EEC(2) on the conservation of wild birds. It is not 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. However, in the case of pSCI, 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. Parco nazionale d'Abruzzo IT7120132 is an SPA under Directive 79/409/EEC; Serra di Rocca chiarano M Greco IT7110061 is a pSCI under Directive 92/43/EEC. Therefore, they are covered by the above mentioned obligations.

The projects mentioned by the Honourable Member could fall in Annex II of Directive 85/337/EEC(3) on the assessment of the effects of certain public and private projects on the environment whether before or after being amended by Directive 97/11/EC(4). Under Directive 85/337/EEC, projects falling into Annex II are to be made subject to an environmental impact assessment (EIA) where Member States consider that their characteristics so require. Under Directive 85/337/EEC, as modified, for Annex II projects, Member States are obliged to determine through a case-by-case examination or thresholds or by the setting of criteria whether the project shall be made subject to an assessment in accordance with Articles 5 to 10.

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. Should the Commission be informed that Community law is being breached in the specific case, it would not hesitate, as the guardian of the Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of relevant Community law.

Pursuant to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(5), project selection and implementation is the responsibility of the managing authority, which in the case referred to in the Honourable Member's question is the Abruzzi Region. Moreover, any project co-financed through the Funds has to comply with Community law, including that on environmental protection.

According to the description given in the single programming document (SPD), the activity included in measure 1,2 would consist in the construction, in the Alto Sangro area, of public transport infrastructure which would serve to prevent the depopulation of the area by supporting sustainable development by means of improving the mobility and living conditions of the local population. According to the SPD, this type of infrastructure will be examined with reference to the legislation on environmental impact assessment and on the conservation of natural habitats.

(1) OJ L 206, 22.7.1992.

(2) OJ L 103, 25.4.1979.

(3) OJ L 175, 5.7.1985.

(4) OJ L 73, 14.3.1997.

(5) OJ L 161, 21.6.1999.