WRITTEN QUESTION E-0997/01 by Giorgio Celli (Verts/ALE) to the Commission. Projected construction of the Torre Inserraglio Marína near Serra Cicora in the Commune of Nardò (Lecce).
Date: 2001-03-30
Institutions: European Parliament, Provisional data
Subjects: Apulia, application of EU law, environmental impact, environmental law, environmental protection, harbour installation, historic site, impact study, tourist infrastructure

4.12.2001

EN

Official Journal of the European Communities

C 340 E/143

(2001/C 340 E/161)

WRITTEN QUESTION E-0997/01

by Giorgio Celli (Verts/ALE) to the Commission

(30 March 2001)

Subject: Projected construction of the (cid:145)Torre Inserraglio Mar(cid:237)na(cid:146) near Serra Cicora in the Commune of

Nard(cid:242) (Lecce)

The Commune of Nard(cid:242) (Lecce) has begun administrative proceedings, at the request of the ICOS
company, to approve the final project for the Torre Inserraglio Mar(cid:237)na to be constructed at Serra Cicora.

The project would cover a total area of 72 000 m2, and involve: the excavation of an internal basin
measuring 42 000 m2; an access canal 55 m long and 35 m wide; two outer breakwaters projecting out to
sea, one 148 m long and the other 15 m long; various infrastructures on land covering a total area of
27 000 m2 (including a car park for over 300 cars,
link roads and two administrative buildings). The
IT9150013 (cid:129) Palude del
designated site is about 4 km from SCI
Capitano, about 1,1 km from SCI IT9150007 (cid:129) Torre Uluzzu, and adjacent to SCI IT9150024 (cid:129) Torre
Inserraglio.

(Site of Community Importance)

The excavation of the access canal to the port will affect a stretch of cliffs featuring a natural habitat
designated as (cid:145)sea cliffs of the Mediterranean coasts (with endemic limonium spp)(cid:146) (sea lavender) and
the
recognised as being of Community interest pursuant
projected site are covered by Mediterranean (cid:145)maquis(cid:146), which is protected under both national and regional
legislation. The site also contains various species of orchids (Orchis Morio, Orchis papilionacea, Ophrys
tenthredinifera) which are protected under the CITES convention.

to Directive 92/43/EEC (1). Large areas of

Some 2,5 km offshore from the site lies Zone A (the section subject to the most stringent restrictions on
use) of the Porto Cesareo Natural Mar(cid:237)ne Protected Area (2). Moreover, the projected marina would be only
20 m from the well-established Porto Selvaggio Regional Park, and right next
to a very important
archaeological site which the University of Lecce(cid:146)s palaeontology department has been excavating for over
three years (3).

The site in question is also subject to various planning restrictions (4). ICOS plc(cid:146)s relentless persistence is
closely linked to the fact that the company also owns the nearby (cid:145)Torre Inserraglio(cid:146) residential complex
(which, moreover, is situated right in the middle of the Torre Inserraglio Site of Community Importance).

In the summer of the year 2000, without any prior environmental impact assessment having been carried
out, a section of cliffs near the beach serving the complex was excavated to create a cement slipway for
boats. The complex, which is currently being extended, is in fact an insidious means of changing the whole
area for ever.

A public committee has been set up in the Commune of Nard(cid:242) comprising environmental associations,
political parties and citizens opposed to the project in question because of the devastating effect it will
have on the local environment.

In view of the foregoing:

(cid:129) Can the Commission ensure that impact assessment and analysis of the environmental effects is
carried out to ensure the project complies with environmental impact assessment requirements?

(cid:129) Could the Commission state what measures it intends to take to ensure the protection of the Sites of

Community Importance mentioned?

(cid:129) Could the Commission confirm whether the works involved in the construction of

the Torre
Inserraglio residential complex on the Site of Community Importance of the same name involved any
breach of Community legislation on habitats (Directive 92/43/EEC) and on environmental
impact
assessment (Directive 97/11/EC (5))?

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4.12.2001

(cid:129) Could the Commission ascertain whether grounds exist for initiating the infringement procedure?

(1) OJ L 206, 22.7.1992, p. 7.
(2) Established by ministerial decree of 12.12.1997.
(3) Some months ago, the University officially requested development restrictions on archaeological grounds. The
excavation work along the coast involved in the project would permanently jeopardise any research along the
coastal strip which (cid:129) according to the University (cid:129) is expected to yield traces of human occupation going back to
the early Neolithic period. The University of Lecce has already notified the archaeological protection authority in
Taranto and the authorities responsible for environmental protection in Bari of its concerns. To date, however, it
has received no reply.

(4) Arising from L 1497/39 (now repealed and replaced by the single text containing legislative provisions relating to
the protection of the cultural and environmental heritage pursuant to Article 1 of L 352/97, approved by legislative
decree No 490 of 29.10.1999); restrictions arising from the general regulatory plan applicable to E2 zones;
agricultural protected landscape zone; restrictions arising from exceptions to the general regulatory plan applicable
to E4 zones, ecological protection zones.

(5) OJ L 73, 14.3.1997, p. 5.

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

(14 June 2001)

Article 6 of Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild
fauna and flora, provides for protection requirements with reference to Special Conservation Areas (SCA).
Under Article 4, paragraph 5, of Directive 92/43/EEC these requirements are applied also to Sites of
Community Importance (SCI) when, on the basis of the list of proposed Sites of Community Importance
(pSCI), they are adopted in accordance with the procedure laid down in Article 4 paragraph 2. At present,
SCA have not been designated yet and the list of the SCI has not been adopted yet. However, with
reference to proposed Sites of Community Importance, in particular when including priority habitat and
species, Member States 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(cid:146) authorities are
advised to at least abstain from all activities that may cause a proposed site to deteriorate.

fall within any of

On the basis of the information given by the Honourable Member, the area chosen for the marina to be
built does not
the three proposed Sites of Community Importance IT9150013,
IT9150007 and IT9150024. No likely effects on these sites have been identified. Therefore, in the absence
of more information on how habitat and species may be affected by the project, no significant impact of
the project on the sites mentioned can be presumed. In addition, it is not evident that the (cid:145)excavation of
the access canal(cid:146) falls within any pSCI.

Therefore, in the light of the information given by the Honourable Member and of the above mentioned
legal regime presently in force for proposed Sites of Community Importance (pSCIs), no evidence of any
significant impact of the project on the proposed Sites of Community Importance IT9150013, IT9150007
and IT9150024 can be presumed.

The project mentioned by the Honourable Member appears to be a project of Annex II of Council
Directive 85/337/EEC of 27 June 1985, on the assessment of the effects of certain public and private
projects on the environment (1), as modified by Directive 97/11/EC (2) (class 12 b Mar(cid:237)nas). For projects
listed in Annex II, the directive mentioned provides that Member States shall determine through a case-by-
case examination, or thresholds or criteria, whether the project is to be made subject to an assessment in
accordance with Articles 5 to 10. This determination is called (cid:145)screening(cid:146).

(EIA)

Puglia

legislation

of Regione

Environmental

Impact Assessment

The
(Deliberazione
della Giunta Regionale 22 luglio 1997 No 4444 (cid:145)Recepimento da parte della Regione Puglia del DPR
12.4.1996 in materia di VIA(cid:146)) provides that marinas of any size are made the subject of an examination in
order to determine whether they have to be made the subject of an EIA procedure. Therefore, Italian
legislation ensures that marinas in Regione Puglia are made the subject of a screening. The obligation to
carry out a (cid:145)screening(cid:146) under Directive 85/337/EEC, as modified, with reference to marinas is well
transposed in the specific case. When the internal law complies with Community law and no evidence is
given to presume that it is going to be breached, the Commission considers that there are no grounds for
intervention. In such cases, unless it is clearly claimed that, with reference to a specific project, the
competent authorities have no intention to carry out a (cid:145)screening(cid:146) or that they have failed to carry it out,
the Commission is obliged to conclude that a breach cannot be presumed. Given the lack of specific
grounds on complaint on the application of the EIA procedure to the specific case, no breach of the
directive can be identified at present.

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C 340 E/145

As for the Torre Inserraglio residential complex (within the proposed Site of Community Importance
IT9150024), no information is given on the date of construction or on its size. No information is given on
the habitats or species likely to be affected by it. A cement slipway for boats is not covered by Directive
85/337/EEC, as amended. On the basis of the information given by the Honourable Member, with
reference to the Torre Inserraglio residential complex, no evidence of a breach of Directives 92/43/EEC or
85/337/EEC, as modified, can be presumed.

Should the Commission be informed of relevant evidence that Community law is being breached in the
specific case,
it would not hesitate, as the guardian of the EC Treaty, to take all necessary measures,
including infringement procedures under Article 226 (ex Article 169) of the EC Treaty, in order to ensure
the observance of relevant Community law.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2001/C 340 E/162)

WRITTEN QUESTION E-1010/01

by Jorge HernÆndez Mollar (PPE-DE) to the Commission

Subject: EU support for Spain(cid:146)s finest woodlands

(30 March 2001)

The Los Alcornocales park, which is situated between the provinces of CÆdiz and MÆlaga, has been voted
Spain(cid:146)s finest woodlands because it contains an abundance of flora which is more typical of a tropical
climate than of a Mediterranean one, according to a poll of scientists and environmental specialists.

The park in question, a 170 000-hectare protected area with Natural Park status awarded in 1989 (cid:129) is
home to the largest and finest collection of cork trees anywhere in Europe.

In view of the responsibility which the European Union may have in this area, could the Commission
explain how it
the park and in the implementation of
environmental-improvement programmes within its boundaries? What action does the Commission intend
to take in future in order to include the park within the scope of the Community initiatives designed to
benefit Europe(cid:146)s major natural parks?

is involved both in the conservation of

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

(6 June 2001)

to the
Spain has proposed the site called (cid:145)Alcornocales(cid:146) as Site of Community Importance (SCI)
Natura 2000 Network according to Council Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (1) (hereafter Habitats Directive). It has also been proposed as
Special Protected Areas for birds (SPA) according to article 4 of Council Directive 79/409/CEE of 2 April
1979, on the conservation of wild birds (2) (hereafter Birds Directive).

This vast extension (17 000 km2) of very well conserved land in the South of Spain hosts at least 21
Annex I bird species of the Birds Directive, some of them very threatened species. In this site there are 26
habitat types present of which five are priority habitats type identified by the Habitats Directive for special
attention. It is remarkable that 36 % of its total territory is covered by Quercus suber (cork tree) forest. This
forest, with all its associated species, is one of the most important Mediterranean forests in Europe.

The philosophy of Natura 2000 Network is to ensure that human activities are sustainable and not
damaging to the conservation objectives for which the sites have been designated.