WRITTEN QUESTION P-3314/00 by Monica Frassoni (Verts/ALE) to the Commission. Tourism and property development along the coast of Cala Giunco-Stagno Notteri, Villasimius, Sardinia, Italy.
Date: 2000-10-18
Institutions: European Parliament, Provisional data
Subjects: EU financing arrangements, Sardinia, application of EU law, building industry, environmental impact, protected area, tourist infrastructure

22.5.2001

EN

Official Journal of the European Communities

C 151 E/133

The primary responsibility for dealing with illegal content (including child pornography)
appropriate law enforcement and judicial authorities of the Member States.

is with the

The Commission attaches great importance to ensuring the Community is able to take effective action in
particular against child pornography on the Internet. It shares the view of the Honourable Member that
there is a clear need for Community action at legislative level to ensure that Member States have effective
sanctions in place to combat this serious crime. The Commission will introduce later this year a proposal
for a Council
include provisions for the
approximation of laws and sanctions of the Member States in the field of the sexual exploitation of
children, with particular reference to child pornography on the Internet.

framework decision which, within a wider context, will

Better law enforcement, exchange of information and education are needed to complement the legislative
initiatives mentioned above. The Commission, in cooperation with the Member States and other parties
involved (Internet operators, hotlines and users), constantly follows the development of any new means to
prevent
the distribution of paedophile material via the Internet, which are in conformity with the
fundamental principles of freedom of expression and right to privacy.

However, the Internet is a global instrument and does not recognise national frontiers. Measures taken
only at the European level would not prevent access via the Internet to paedophile material outside
Europe. Therefore, efficient international co-operation is needed. All the parties concerned are already
actively involved in such co-operation.

The Honourable Member(cid:146)s final question concerns one aspect of the so-called cybersquatting problem,
which also includes cases of trademark infringement. The Commission has been actively participating in
international efforts to eliminate this problem, undertaken mainly by the International Corporation for
Assigned Names and Numbers (ICANN) and the World Intellectual Property Organisation (WIPO). These
have started with the trademark problem, but are currently being extended to include other categories of
names including the names of people and places. The Commission will also propose, in the context of the.
eu domain name that will become available next year, a code of conduct aiming at preventing such abuses
within the Community.

(1) OJ C 48, 13.2.1998.
(2) OJ L 33, 6.2.1999.
(3) OJ L 270, 7.10.1998.

(2001/C 151 E/150)

WRITTEN QUESTION P-3314/00

by Monica Frassoni (Verts/ALE) to the Commission

(18 October 2000)

Subject: Tourism and property development along the coast of Cala Giunco-Stagno Notteri, Villasimius,

Sardinia, Italy

(code ITB000054) and (cid:145)Stagno Notteri(cid:146)

The Cala Giunco company has recently proposed a change to a plan for the sub-division of
the
municipality of Villasimius (Cagliari, Italy) for tourism and property development (hotels, private homes,
services, golf course) with a total volume of more than 81 000 m3. These measures concern a stretch of
coastline which is still undeveloped and which is included in the sites of Community importance (cid:145)Porto
Giunco(cid:146)
(code ITB000057). This stretch of coastline is also
protected by regulations on the countryside (Legislative Decree No 490/1999) and is listed as the site of
a regional nature reserve by regional law 31/1989 and was recently declared a protected marine area
within the meaning of national law 493/1991. The environmental associations (cid:145)Friends of the Earth(cid:146) and
Gruppo d(cid:146)Intervento Giuridico have drawn this case to the attention of the national and local public
authorities and the Ministry for Cultural and Environmental Assets has taken steps (decrees of 22 June and
9 August 2000) to cancel the relevant authorisations issued by the Autonomous Region of Sardinia
relating to the town planning measures and the initial executive measure on the grounds that they were
unlawful. The municipality of Villasimius has also suspended the administrative procedure for approving
the tourism-property project. Despite this, the property company has brought unfounded and intimidatory
actions for damages against the municipality of Villasimius and the environmental associations and has
already opened the building site with the intention of starting work even if it is unlawful.

C 151 E/134

Official Journal of the European Communities

EN

22.5.2001

None of the tourism-property developments described above has been the subject of a specific and
to Directive 85/337/EEC (1), consolidated and
mandatory environmental
amended by Directive 97/11/EEC (2) (Annex II, point 12(c)), or of an environment impact assessment
under Directive 92/43/EEC (3).

impact assessment pursuant

Is the Commission aware of this situation?

Can the Commission verify whether the measures concerned comply with the regulations on environ-
mental impact assessments and the protection of sites included in the Natura 2000 network? Does the
Commission intend to take appropriate action?

Do the two sites of Community important receive Community funding for conservation under Life or
other programmes? Is any Community funding planned or in place, including Structural Fund monies,
which might be of direct or indirect concern to such development plans?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 73, 14.3.1997, p. 5.
(3) OJ L 206, 22.7.1992, p. 7.

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

(4 December 2000)

The project mentioned by the Honourable Member appears to be covered by the class of projects listed in
No 12(c) of Annex II to Council Directive 97/11/EC of 3 March 1997, which amended Directive 85/337/
EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the
environment.

The Directive provides (Article 4(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 sites ITB000054 Porto Giunco and ITB000057 Stagno Notteri are proposed sites 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. With reference to proposed sites of Community importance under
Directive 92/43/EEC, Member States have to ensure that the aims of the Directive are not jeopardised.
Even in the absence of a Community list, Member States are therefore advised at least to abstain from all
activities that may cause a site on the national list to deteriorate.

the
In this specific case, not being aware of
Commission will take the appropriate steps in order to gather detailed information about it and to ensure
the observance of Community law.

the situation described by the Honourable Member,

for the introduction of a monitoring integrated programme for
The LIFE-Nature project
environmental resources in vulnerable areas (Natura 2000)(cid:146), of which the beneficiary is Regione Sardegna,
targets all the Natura 2000 sites on the island, thus including the two sites mentioned by the Honourable
Member.

(cid:145)Proposal

The Commission has approached the regional authorities to learn whether the project in question has been
or will be co-financed through the Structural Funds. It will not fail to pass this information on to the
Honourable Member as soon as it receives it.