WRITTEN QUESTION E-1253/01 by María Sornosa Martínez (PSE) to the Commission. Failure to comply with the Habitats Directive in the case of Posidonia oceanica in Valencia (Spain).
Date: 2001-04-26
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, Mediterranean Sea, application of EU law, environmental protection, marine life, protected area, protection of plant life

4.12.2001

EN

Official Journal of the European Communities

C 340 E/205

such an undertaking engages in further economic activities, state funds earmarked for, inter alia, public
services, restructuring or infrastructure investments is not used to unfairly fund aggresive commercial
activities on markets open to competition.

Accordingly, the Commission is further certainly ready to look with the necessary diligence into issues like
the one the Honourable Member mentions provided that substantiated information on potential
infringements of competition rules is put at its disposal.

(1) Directive 2001/12/EC of the Parliament and of the Council of 26 February 2001 amending Council Directive

91/440/EEC on the development of the Community(cid:146)s railways (OJ L 75, 15.3.2001).

(2001/C 340 E/235)

WRITTEN QUESTION E-1253/01

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(26 April 2001)

Subject: Failure to comply with the Habitats Directive in the case of Posidonia oceanica in Valencia (Spain)

The Government of the Community of Valencia (the Generalitat) has already put forward its official
proposal for sites of Community interest for the Natura 2000 network. In the proposal the Generalitat has
omitted most of the feeding-grounds of Posidonia oceanica in Valencia. Although a few are included off
the Alicante coast, the proposal does not consider of interest major expanses of this marine plant in the
provinces of Valencia and Castell(cid:243)n.

In its representations to the Spanish National Hydrological Plan (PHN) the WWF/ADENA organisation
submitted a document (also sent to the Commission) drawing attention to the danger that many of the 71
areas eligible for declaration as sites of Community interest would not be taken into account by the
Spanish authorities when designating Natura 2000 areas. I myself had occasion to inform Mrs Wallstr(cid:246)m (1)
that the process had not only already begun in Spain but was also likely to be based on the content of the
present PHN.

Now action by the Valencian Government in the case of Posidonia oceanica has confirmed the situation as
stated.

Bearing in mind that Annex I of the Habitats Directive, 92/43/EC (2), includes (cid:145)Posidonia beds(cid:146) as (cid:145)natural
habitat types of Community interest whose conservation requires the designation of special areas of
conservation(cid:146), and that the Commission has taken legal action against Spain for its scanty designation of
special areas of conservation for birds,

Does the Commission not agree that there has been a clear violation of the Habitats and Birds Directives
by the Valencian Government in the case of the Posidonia beds?

What steps will the Commission be taking to require Spain to protect its Posidonia beds?

In what way does the Commission intend to influence the Spanish PHN to prevent situations such as that
described above and so ensure that no damage is done to any site eligible for designation as a site of
Community interest for the Natura 2000 network?

(1) Question Time, February 2001 part-session.
(2) OJ L 206, 22.7.1992, p. 7.

C 340 E/206

Official Journal of the European Communities

EN

4.12.2001

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

(21 June 2001)

The Community considers the (cid:145)Posidona beds(cid:146) (Posidona oceanica) habitat referred by the Honourable
Member to be a priority, as stipulated in Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and wild flora and fauna.

This concerns a natural habitat which is in danger of disappearing, the Community having particular
responsibility for its conservation in view of the natural range which falls within Community territory.

The Directive establishes a European ecological network containing special conservation areas called
(cid:145)Natura 2000.(cid:146) The Member States are thus obliged to contribute to this network by designating sites
hosting these natural habitats.

The list of sites selected as sites of Community importance must be finalised by the Commission based on
a draft list drawn up by the Commission in agreement with the Member States. This first list is drawn up
after the Member States have sent the relevant information and their analysis. This analysis is confirmed by
the European Environment Agency(cid:146)s Nature Topic Centre and the results are finally adopted during the
special biogeographical seminars which are open to non-governmental organisations (NGOs).

Information regarding future sites to be protected in the Mediterranean is continuously submitted to the
Commission. A biogeographical seminar for the Mediterranean is scheduled to take place before the end of
2001. Therefore, any pronouncement on whether or not the Spanish proposals are adequate regarding the
protection of the (cid:145)Posidona beds(cid:146) is certainly premature.

As regards the National Hydrological Plan, it should be noted that this plan has been the subject of several
information exchanges between the Commission and the Spanish authorities, the latter reaffirming their
commitment to comply with Community law applicable throughout implementation of the plan.

(2001/C 340 E/236)

WRITTEN QUESTION P-1262/01

by Simon Murphy (PSE) to the Commission

(19 April 2001)

Subject: Proposed precious metals directive

Will the Commission categorically deny that it is putting any pressure on applicant countries to include
the Commission(cid:146)s draft directive (cid:129) Articles made of precious metals (gold, silver, platinum, palladium),
harmonisation of essential requirements, COD930472 (cid:129) in their acquis communautaire procedures?

What is the Commission(cid:146)s assessment of the latest state of play in respect of this draft directive?

Answer given by Mr Verheugen on behalf of the Commission

(1 June 2001)

The Union did not request the candidate countries to comply with the draft Directive relating to articles of
precious metals (1) in the context of the negotiations. Indeed, the Proposal for Directive is a draft and it is
therefore not yet part of the acquis. The accession negotiations focus on the terms under which the
applicants will adopt, implement and enforce the acquis.

However, the Commission has informed the candidate countries, when so requested, on the Proposal for
the Directive as well as on amended proposal adopted by the Commission in 1994 (2).