WRITTEN QUESTION E-3009/00

by Monica Frassoni (Verts/ALE) to the Commission

(26 September 2000)

Subject: Building projects and aquaculture at Bosa and Villanova Monteleone in Sardinia

In the municipality of Bosa (NU) and the villages of S'Abba Druche and Torre Argentina private projects connected with tourism (carparks, services, etc.) and other building projects are planned. In the stretch of sea offshore from the villages of Managu and Cano Marrargiu in the same municipality an intensive fish-farming plant covering 30 hectares is being set up. Furthermore, another building project for tourist facilities covering approximately 300 000 cubic metres affecting the coastal resort of Poglina in the commune of Villanova Monteleone (SS) is about to be submitted. All these projects affect the coastline between Bosa and Alghero, one of the few unspoilt and wild stretches of Mediterranean coastline, a nesting site for the Griffon vulture (Gyps fulvus), protected under Directives 79/409/EEC(1) on wild birds and 92/43/EEC(2) on habitats. The whole stretch of coast in included in the site of Community importance hinterland and coastline between Bosa, Capo Marrargiu

and Porto Tangone (code number ITB000041) in accordance with Directive 92/43/EEC. None of the planned projects referred to above has been subjected a specific assessment of the environmental implications (on the basis of Directive 92/43/EEC) nor an environmental impact assessment in accordance with Annex II, point 1(f) and point 12(c) of Directive 97/11/EC(3).

Is the Commission aware of the above? What steps does it intend to take to preserve the above-mentioned site of Community importance and subject the projects affecting it to an assessment of the environmental implications and impact?

Can the Commission say whether this habitat site is the subject of Community funding and whether the building and aquaculture projects mentioned receive or have requested Community funding?

Does the Commission intend to launch infringement proceedings against Italy for its failure to comply with Directives 79/409/EEC, 92/43/EEC and 97/11/EC?

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.

(3) OJ L 73, 14.3.1997.

Answer given by Mrs Wallström on behalf of the Commission

(15 November 2000)

Holiday villages, touristic services and structures, car parks and intensive fish-farming plants are covered by Annex II to Directive 97/11/EC of 3 March 1997, which has modified Directive 85/337/EEC of 27 June 1985, on the assessment of the effects of certain public and private projects on the environment(1).

The Directive provides (Article 4, paragraph 2): Subject to Article 2(3), for projects listed in Annex II, the Member States shall determine through, (a) a case-by-case examination, or (b) thresholds or criteria set by the Member State, whether the project shall be made subject to an assessment in accordance with Articles 5 to 10. Member States may decide to apply both procedures referred to in (a) and (b).

The site ITB000041 Entroterra e zona costiera tra Bosa, Capo Marrargiu e Porto Tangone is a proposed site of Community importance (pSCI), under Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora and it is also one of the important bird areas in the current infringement procedure against Italy for insufficient designation of special protection areas (SPAs) under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.

Sites that deserve classification under Directive 79/409/EEC should be treated in the same way regardless of whether or not they are formally classified. The Commission therefore considers that the provisions of Article 6(2), (3) and (4) of Directive 92/43/EEC, which replaced the provisions of Article 4(4) first sentence of Directive 79/409/EEC, are applicable to SPAs, or to sites which should be classified as SPAs, from the date of implementation of Directive 92/43/EEC. Therefore any plan or project likely to have a significant impact on this site should be the subject of a full application of the article mentioned above.

In the specific case, 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 projects the Honourable Member refers to are not being co-financed through the Structural Funds.

(1) OJ L 175, 5.7.1985.