WRITTEN QUESTION E-0058/02 by Monica Frassoni (Verts/ALE) to the Commission. Palalvo area plan and Caorle lagoon.
Date: 2002-01-24
Institutions: European Parliament, Provisional data
Subjects: Veneto, application of EU law, coastal region, development plan, environmental impact, project evaluation, tourism

18.7.2002

EN

Official Journal of the European Communities

C 172 E/135

Answer given by Mrs Wallström on behalf of the Commission

(5 March 2002)

The Commission would refer the Honourable Member to its answer to Written Question E-2499/01 by
Mr Meijer (1).

The Commission is currently investigating whether Community law has been complied with in this case.
The German Government has been asked to provide information about the procedure applied in this case
with a view to the potential transboundary effects of the project and to take a position on the charges. The
answer of the German authorities will provide the information needed to come to conclusions with regard
to the compliance with applicable Community law in this case.

The Commission will take the appropriate steps in order to ensure the observance of Community law.

(1) OJ C 147 E, 20.6.2002, p. 21.

(2002/C 172 E/139)

WRITTEN QUESTION E-0058/02

by Monica Frassoni (Verts/ALE) to the Commission

(24 January 2002)

Subject: Palalvo area plan and Caorle lagoon

A major threat is currently hanging over a part of the eastern Veneto coastline which is of exceptional
environmental importance, with particular reference to Caorle lagoon and the Foce Tagliamento biotope in
the municipalities of Caorle and S. Michele al Tagliamento in the Province of Venice.

The Veneto Regional Council is currently in the process of adopting the Palalvo area plan (area plan for
the eastern Veneto lagoons and coastline). This is claimed to be an environmental plan aimed at
involves the
safeguarding and ensuring sustainable management of
construction of a huge complex of tourist ports (with around 7 000 new moorings) and buildings (around
4 million square metres of floorspace).

the lagoon areas, but

in fact

The work on the ports and buildings is governed by ‘master plans’ and ‘executive plans’. The former are
not directly applicable but must
the
municipalities concerned, which are, however, obliged to comply with them. The executive plans are
directly applicable with Palalvo approval, without any changes needing to be made to overall development
plans. No environmental impact assessments of the SCI and SPA sites affected have yet been carried out.

first be incorporated into the overall development plans of

The plan runs counter to Community Directives 92/43/EEC (1) (habitats) and 79/409/EEC (2) (wild birds) in
that the Caorle lagoon area has been designated a site of Community importance (SCI) and a special
protection area (SPA) within the meaning of these directives (SCI IT 3250009 Laguna di Caorle; SCI
IT 3250014 Foce del Tagliamento and Valli Arginate di Bibione; and SPA IT 3250020 Valle Vecchia di
Caorle).

Given the above, would the Commission state:

B whether it is aware of this situation;

B how it intends to protect the SCI and SPA sites affected by the tourist development plans;

B and whether Community legislation on environmental

impact assessments (97/11/EC (3)) has been

complied with in this instance?

(1) OJ L 206, 22.7.1992, p. 7.
(2) OJ L 103, 25.4.1979, p. 1.
(3) OJ L 73, 14.3.1997, p. 5.

C 172 E/136

Official Journal of the European Communities

EN

18.7.2002

Answer given by Mrs Wallström on behalf of the Commission

(12 March 2002)

The Commission is aware of the ongoing process for the approval of the Palalvo area plan, which covers
an area that includes Sites of Community Importance (SCIs) proposed by Italy under Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and a
Special Protection Area (SPA) designated under Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds.

Article 6 of Directive 92/43/EEC 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 SCIs when, on the basis of the list of proposed Sites of Community Importance (pSCIs),
they are adopted in accordance with the procedure laid down in Article 4 paragraph 2. At present, Special
Conservation Areas have not yet been designated and the list of the SCIs has not yet been adopted.
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 are
advised to at least abstain from all activities that may cause a proposed site to deteriorate.

Concerning the Special Protection Areas (SPA) designated under Directive 79/409/EEC, and according to
Article 7 of Directive 92/43/EEC, Article 6 (2), (3) and (4) of Directive 92/43/EEC already applies.

According to the information provided by the Honourable Member, the Palalvo area plan has not been
approved yet. The Italian authorities are responsible for ensuring compliance with Community law and,
therefore, for ensuring that an appropriate assessment of the impact of the plan on the SPA Valle Vecchia
di Caorle is done before it is approved, and that the conservation objectives of the pSCIs Laguna di Caorle
and Foce del Tagliamento e Valli Arginate di Bibione are not compromised by the area plan.

Should the Commission be informed that there is a breach of Community law, it will, as guardian of the
EC Treaty, take all necessary measures, including infringement procedures under Article 226 of the EC
Treaty, in order to ensure compliance with the relevant Community legislation.

Concerning the application of Council Directive 97/11/EC of 3 March 1997 amending Directive
85/337/EEC on the assessment of the effects of certain public and private projects on the environment,
this Directive concerns only projects, not plans, and the area plan under consideration does not, therefore,
have to be the subject of an Environmental Impact Assessment.

(2002/C 172 E/140)

WRITTEN QUESTION E-0059/02

by Esko Seppänen (GUE/NGL) to the Commission

(24 January 2002)

Subject: School milk subsidies

On 30 August 2001 I tabled a written question to the Council (E-2478/01) (1) concerning school milk
subsidies. The Council did not reply to the following questions: ‘What is done to ensure that the funds are
used only for school milk and not for other purposes? How are the funds distributed among the Member
States? If some countries do not use the subsidy, might it be appropriate to increase the shares of those
countries which do use it by the amount available to countries which decline to do so?’ In its reply of
10 December 2001, it said that the sole power of decision on this matter rested with the Commission.
What is the Commission’s answer to the above questions?

(1) OJ C 93 E, 18.4.2002, p. 139.