WRITTEN QUESTION E-2986/00 by Vittorio Sgarbi (PPE-DE) to the Commission. Communications in Sicily.
Date: 2000-09-20
Institutions: European Parliament, Provisional data
Subjects: Italy, Sicily, Structural Funds, transport infrastructure

22.5.2001

EN

Official Journal of the European Communities

C 151 E/35

Answer given by Mr Barnier on behalf of the Commission

(30 October 2000)

As the Commission mentioned to the Honourable Member in its reply to Written Question E-1738/00 (1),
it does not plan at this stage to create a legal basis for the financing of European Union island regions.
Indeed, these regions already receive special attention under existing Community policies since a consider-
able number of them are eligible for Objectives 1 or 2 of the Structural Funds for the 2000-2006
programming period.

A wide range of different situations exist within the EU island regions and as a consequence, their assets
and needs are extremely diverse. In order to understand these better, the Commission intends to launch a
study into all the island regions of the Community. This study will analyse and compare individual
situations on the basis of various statistical criteria connected with for example, demography, the socio-
economic situation, existing infrastructures or the environmental situation.

The results of this study are expected by the end of the first half of 2001 and will be communicated to
Parliament as soon as they are published.

(1) OJ C 113 E, 18.4.2001, p. 38.

(2001/C 151 E/044)

WRITTEN QUESTION E-2986/00

by Vittorio Sgarbi (PPE-DE) to the Commission

(20 September 2000)

Subject: Communications in Sicily

In the Region of Sicily, regional, national and international transport facilities (cid:129) motorways, railways,
airports and ports (cid:129) are obviously underdeveloped. Meanwhile, definitive framework programme agree-
ments for the construction of the necessary infrastructures are being drawn up in collaboration with the
European Union.

Does the Commission consider that there has been excessive delay in setting the agreements in question in
train and that the Italian Government has been unjustifiably slow in making the requisite financial
resources available?

Answer given by Mr Barnier on behalf of the Commission

(9 November 2000)

The Commission is aware of the lag in Sicily(cid:146)s transport sector and the Structural Funds have already
contributed to transport projects in the 1994-1999 programming period.

In the 2000-2006 period measures to improve the region(cid:146)s transport infrastructure will be part-financed
by the Structural Funds under Objective 1, either through the Operational Programme for Sicily or
through the national Operational Programme for transport, covering all the regions of the Mezzogiorno.

On 8 August 2000 the OP for Sicily was one of the first Objective 1 programmes to be approved by the
Commission. The regional authorities are currently drawing up the programming complement governing
implementation of the programme.

The transport OP is currently being examined by the Commission. Before it can be finalised the Italian
authorities must prepare an operating instrument ((cid:145)strumento operativo(cid:146)) identifying the strategic choices
for this sector in the Mezzogiorno, based on the strategy laid down in the general plan for transport
published in July 2000.

C 151 E/36

Official Journal of the European Communities

EN

22.5.2001

Projects included in the framework programme agreements between the region of Sicily and the Italian
government can be proposed for part-funding from the Structural Funds under these two programmes.

(2001/C 151 E/045)

WRITTEN QUESTION E-2990/00

by Daniela Raschhofer (NI) to the Commission

(20 September 2000)

Subject: Habitats Directive 92/43 EEC

Since the expiry of the deadline for its transposition into national law, is Directive 92/43/EEC (1) on
1.
the conservation of natural habitats and of wild fauna and flora directly applicable where it has not been
properly transposed?

Is the protection scheme pursuant to Article 6 of the Directive already applicable to the areas

2.
referred to in the national lists?

How many sets of proceedings for treaty violations have been initiated against Austria in connection

3.
with this Directive, and how many have already been dropped?

4.

To which projects and areas did these relate?

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

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(23 November 2000)

1.
The Court of justice has developed in its case law the doctrine of direct effect of Community
provisions, according to which a provision of a directive might be directly applicable under the following
conditions: expiry of the transposition date; absence of transposition by the Member State concerned;
unconditional character of the provision (the legal consequence follows directly from the provision without
an intermediate act); the provision is sufficiently precise (the content, e.g. rights or obligations, deriving
it confers on individuals some rights (i.e. favourable
from the provision are unambiguous and clear);
position with regard to public authorities). It follows moreover from Articles 10 and 249 (ex Articles 5
and 189) of the EC Treaty that Community legal provisions have supremacy over national provisions,
whether these national provisions came into effect before or after Community law. Therefore national,
regional or local courts and administrative authorities have to give priority to the Community provision in
the event of a conflict of rules. They have to interpret national law in a way which best ensures that the
Community provision is effective and, where the Community provision is of direct effect, to set aside the
contradicting national rule and apply the Community provision alone.

According to Article 4 (5) of Council Directive 92/43/EEC on the conservation of natural habitats
2.
and of wild fauna and flora (1) a site shall be subject to Article 6 (2), (3) and (4) as soon as it is placed on
the list under third subparagraph of paragraph 2. The Commission published an interpretation guideline
on the provisions of Article 6 of Directive 92/43/EEC in April 2000. It is accessible under (cid:145)http://
europa.eu.int/comm/environment/nature/legis.htm(cid:146). There in chapter 1.4.2.
(cid:145)Sites based on Directive 92/
43/EEC(cid:146), some useful information can be found. The chapter summarises with regard to sites in national
lists as follows:
(cid:145)As regards sites based on Directive 92/43/EEC, it can be argued that Member States,
particularly after the date for adoption of the Community list expired on 10 June 1998, 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 therefore advised to at least abstain from all activities that
may cause a site on the national list to deteriorate.(cid:146)