WRITTEN QUESTION E-1340/00 by Alexander de Roo (Verts/ALE) to the Commission. Habitat protection on Malta.
Date: 2000-05-04
Institutions: European Parliament, Provisional data
Subjects: Malta, accession negotiations, biotope, environmental impact, reptile, sports facilities

C 89 E/28

Official Journal of the European Communities

EN

20.3.2001

and shipboard living and working conditions (port State control) (1).
In addition, separate European
construction requirement for oil tankers have recently been proposed by the Commission in its commu-
nication on the safety of the seaborne oil trade (2).

the operational pollution from all

types of ships in Community waters results from the
Much of
impossibility in some ports to deliver cargo residues and ship generated wastes to shore facilities or from
reluctance of ships to use them. The proposed directive on port reception facilities (3) addresses this
particular problem and introduces a number of requirements on both ports and ships to ensure that
adequate facilities are available in all Community ports and that they are utilised by ships. By providing
rules on reception facilities, waste management planning, financial and other incentives to deliver waste
ashore, the need for discharges at sea will be greatly reduced. The proposal would also impose an
obligation for ships to notify the port of on-board quantities of wastes and residues. This, coupled with
port-based checks, will greatly improve the control of compliance with the international rules. Therefore,
the Commission is confident that the proposed directive, currently in conciliation in the Parliament and
Council, will have a considerable effect on reducing operational pollution, and in particular oil pollution of
all types of ships.

Finally, the Commission announced in its communication on the safety of the seaborne oil trade that it
plans to examine other Community initiatives that could be taken to reduce the occurrence of operational
pollution by all types of ships.

(1) OJ L 157, 7.7.1995.
(2) COM(2000) 142 final.
(3) OJ C 271, 31.8.1998 as modified (OJ C 148, 18.5.1999).

(2001/C 89 E/026)

WRITTEN QUESTION E-1340/00

by Alexander de Roo (Verts/ALE) to the Commission

(4 May 2000)

Subject: Habitat protection on Malta

Is the Commission aware that there are plans to convert a large area of agricultural land on Malta beneath
the Verdala Hotel into a golf course?

Is the Commission aware that three species of reptile (Chalcides ocellatus, Elaphe situla and Coluber
viridiflavus) and one species of amphibian (Discoglossus pictus), which are found on this agricultural land
should be protected according to the EU Habitat Directive?

Is the Commission prepared to ask the Maltese authorities to give full information on the location and
frequency of the different species covered by of the EU Habitat Directive and found on Malta?

Is the Commission prepared to investigate whether specific Maltese species (such as Podarcis filfolensis
maltensis) should be added to the existing habitat list in order to secure their protection?

Is the Commission of the opinion that habitat areas should be designated by the Maltese authorities
as soon as possible so that all these species will enjoy full protection from day one of Malta(cid:146)s accession to
the EU?

20.3.2001

EN

Official Journal of the European Communities

C 89 E/29

Answer given by Mr Verheugen on behalf of the Commission

(19 June 2000)

The Commission does not have the details of the Maltese project concerning the conversion of agricultural
land into a golf course.

The three species of reptiles and one of the species of amphibia mentioned as being spotted on the
agricultural land beneath the Verdala Hotel are in fact listed in the annexes of Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1) (Habitats Directive).
As the species Elaphe situla is listed in Annex II of the Habitats Directive, the Maltese authorities are
obliged to propose sites of Community importance and, subsequently, to designate special areas of
conservation (i.e. Natura 2000 sites) for this species upon accession to the Union. The other three species
are mentioned in Annex IV of the Habitats Directive. They are therefore subject to species protection
requirements upon accession, according to Article 12 of the Habitats Directive.

With regard to candidate countries(cid:146) sites protection policies before accession (including Malta(cid:146)s), they are
all subject to the principle,
laid down in Agenda 2000, which states that (cid:145)all new investments should
comply with the acquis(cid:146). This principle has been included in the Union negotiating position on the opening
of the environment chapter with the six (cid:145)Luxembourg countries(cid:146), endorsed by the Council on 7th December
1999.

This implies that the project of a golf course mentioned above, should be submitted to an environmental
impact assessment (EIA) procedure similar to that established in Council Directive 85/337/EEC of 27 June
1985 on the assessment of the effects of certain public and private projects on the environment (2) as
amended by 97/11/EC of 3 March 1997 (3). As this kind of project is covered by Annex II of the Directive,
it is up to the authorities in Malta to decide whether a formal EIA is needed, by the screening procedure
established in Article 4. The Maltese authorities should also take into account the protection requirement
procedures established in the Habitats Directive fully, especially those in Article 6 of the Directive, which
concern sites that qualify for Natura 2000. It is the responsibility of the Maltese environmental authorities
to make such appraisal.

In the framework of the pre-accession process, the Commission regularly asks Malta for information about
its progress in the various fields of the aquis. As far as nature protection is concerned, the Commission is
aware that Malta is currently conducting inventories on habitats. In order to prepare the Natura 2000
network, it has already collected substantial data on the location and frequency of the different species
listed in the annexes of the Habitats Directive. By accession, Malta will have to provide a list of sites
proposed under the Habitats Directive and designated under Council Directive 79/409/EEC of 2 April
1979 on the conservaiton of wild birds (4), the Birds Directive. For all these sites, Malta will have to
provide detailed biological data (including location and relevant population data on all species of
Community importance) using the (cid:145)Natura 2000 Standard Data Form(cid:146).

The Commission has already asked the Maltese authorities to propose species and habitats (supported by
scientific information) that they would like to include in the annexes of the Habitats and Birds Directives.
Such proposals will be evaluated and discussed together with Member States.

(1) OJ L 206, 22.7.1992.
(2) OJ L 175, 5.7.1985.
(3) OJ L 73, 14.3.1997.
(4) OJ L 103, 25.4.1979.

(2001/C 89 E/027)

WRITTEN QUESTION E-1348/00

by Christopher Heaton-Harris (PPE-DE) to the Commission

(4 May 2000)

Subject: Institutional reform

The report on the reform of the European Commission takes an important first step in addressing the
problems of incompetence and corruption amongst a minority of Commission staff and I congratulate the