WRITTEN QUESTION E-0188/02 by Gianfranco Dell'Alba (NI) to the Commission. Compliance with Directive 79/409/EEC and request for information on implementation of Directive 92/43(EEC (Flora, Fauna, Habitat).
Date: 2002-02-06
Institutions: European Parliament, Provisional data
Subjects: EU environmental policy, Italy, environmental law, infringement of EU law, infringement procedure (EU), protection of animal life

29.8.2002

EN

Official Journal of the European Communities

C 205 E/89

(2002/C 205 E/099)

WRITTEN QUESTION E-0186/02

by María Valenciano Martínez-Orozco (PSE) to the Commission

(6 February 2002)

Subject: Projects submitted by Spain for cofinancing from the Cohesion Fund

What projects have been submitted by the Kingdom of Spain for cofinancing from the Cohesion Fund?

Which of those projects have been approved by the Commission, and which will be realised in the Madrid
Autonomous Region?

Answer given by Mr Barnier on behalf of the Commission

(21 March 2002)

The Commission is sending direct to the Honourable Member and to the Parliament Secretariat the list of
projects submitted by Spain and approved in 2001. For the projects adopted between 1994 and 2000, the
Commission would request the Honourable Member to refer to the annual reports of the Cohesion Fund,
which are available on the website http://www.inforegio.cec.eu.int under ‘Documents’.

The following projects on that list will be carried out in the Autonomous Community of Madrid:

4 water supply in the Tagus basin;

4 drainage and water treatment in the Tagus basin (group 2);

4 drainage in the Tagus basin (group 3);

4 Pinto methane generation and composting plant;

4 selective waste collection in Zarzaquemada (South) and extension of

the collection system in

Zarzaquemada (North).

(2002/C 205 E/100)

WRITTEN QUESTION E-0188/02

by Gianfranco Dell’Alba (NI) to the Commission

(6 February 2002)

Subject: Compliance with Directive 79/409/EEC and request

for information on implementation of

Directive 92/43(EEC (Flora, Fauna, Habitat)

Is the Commission aware that the Italian authorities are in a number of cases in breach of Article 9 of
Directive 79/409/EEC (1)? If so, can it state which authorities (region, municipality, province or other) are
in breach?

Is the Commission aware that in 2000 and 2001 the Italian provinces published their hunting calendars, in
breach of the above-mentioned Directive 79/409/EEC?

How many infringement procedures, and of what nature, have been taken out against Italy since this
directive became law, and what solutions, administrative or otherwise, have been applied?

What economic interventions and initiatives has the Commission undertaken/does the Commission intend
to undertake to ensure compliance with 79/409/EEC, pursuant to the objectives set out in Directive
92/43/EEC (2)? Do the Commission’s objectives still encompass the Programme ‘Nature Network 2000’?

C 205 E/90

Official Journal of the European Communities

EN

29.8.2002

Can the Commission indicate in more general terms which EU Member States are acting in breach of this
direction in specific and repeated fashion?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(26 March 2002)

The Honourable Member has raised an issue concerning a possible breach of Article 9 of Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds in Italy. This matter is covered by an open
infringement procedure under Article 226 of the EC Treaty. On the basis of Article 226 of the EC Treaty, ‘if
the Commission considers, that a Member State has failed to fulfil an obligation under this Treaty, it shall
deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its
observations. If the State concerned does not comply with the opinion within the period laid down by the
Commission, the latter may bring the matter before the Court of Justice.’ The contents of infringement
procedures are confidential.

As regards the hunting calendars, the Commission cannot be aware of all situations which are likely to be
considered as a bad application of environmental Community law by the Member States. Such situations
are normally drawn to the attention of the Commission by letters of complaint, Parliamentary Written
Questions and Petitions to the Petitions Committee of the Parliament. However, situations claimed to be
inconsistent with the relevant Community law need to be precisely described so as to enable the
Commission to assess them in relation to applicable Community environmental law. Therefore, in the light
of the information given by the Honourable Member, no breach of the directive can be identified at
present.

The Commission has started about twenty infringement procedures against Italy under Article 226 of the
EC Treaty, for failure of Italy to fulfil its obligations under Directive 79/409/EEC since it became law. In
the light of Article 226 of the EC Treaty these procedures where closed or brought before the Court of
Justice of the Community. Four infringement procedures are still open. The Court of Justice has issued four
judgements under Article 226 of the EC Treaty, for failure of Italy to fulfil its obligations under Directive
judgements in cases C-1985/262, C-1989/157, C-1989/334 and C-1999/159. These
79/409/EEC:
judgements are published in the annual European Court Reports.

for

The full implementation of the Natura 2000 network is one of the priorities of the Commission, and is
clearly identified as such in the 6th Environment Action Programme. The first list of Sites of Community
the Macaronesian biogeographic region, was approved by the Commission on
Importance,
28 December 2001. The assessment of the national
lists of sites proposed by each Member State is
ongoing for the other biogeographical regions. The Special Protection Areas designated by the Member
States under Directive 79/409/EEC are automatically included in the Natura 2000 network. As such,
projects for their management and conservation can be financed through the LIFE financial instrument. An
adequate management of those areas, that takes into account the conservation objective of Council
Directive 79/409/EEC and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora, can also receive Community co-financing in the framework of Rural
Development Plans, or through Structural Funds. The Commission has also recently launched a working
group, with the participation of the Member States and of the main stakeholders, to examine the
possibilities of community co-financing of the management of all Natura 2000 sites, under Article 8 of
Directive 92/43/EEC.

The Parliament is regularly informed of the status of all infringement procedures under way. Details about
the stage of infringement procedures against all Member States, which have at least made the subject of a
reasoned opinion, can be found in the ‘Reports on monitoring the application of Community law’ annually
published from the Commission.

Information concerning infringement procedures are also published, and frequently updated, on
the Commission’s Europa
(http://europa.eu.int/comm/secretariat_general/sgb/droit_com/
index_en.htm#infractions).

Internet

site