WRITTEN QUESTION E-1783/02 by Giovanni Pittella (PSE) to the Commission. Protection of the River Galaso-Torre Mattoni-Lake Salinella biotope.
Date: 2002-06-24
Institutions: European Parliament, Provisional data
Subjects: Apulia, European Commission, application of EU law, biotope, environmental law, environmental protection, exchange of information, humid zone, protected area

14.11.2002

EN

Official Journal of the European Communities

C 277 E/245

(2002/C 277 E/270)

WRITTEN QUESTION E-1777/02

by Laura González Álvarez (GUE/NGL) to the Commission

(24 June 2002)

Subject: New threat to the environment in the Vigo ría (Galicia, Spain)

The Galician estuaries, or rías, make up a unique ecosystem of immense ecological, social and economic
value. I have already contacted the Commission on several occasions to complain about actions which
were endangering the future of most of these areas. Specific recent complaints have concerned filling work
at the San Simón inlet and the construction of the marina at A Lagoa (Teis, Vigo). These are just two of
more than ten projects which will have an irreversible impact on the Vigo ría.

Residents’ associations,
the
university, the Institute of Maríne Research and the Spanish Institute of Oceanography, among others,
have now joined forces to protest at the latest threat to the environment: the port authority’s plans to fill
in the Arenal, which would cover an area of 208 000 m2.

federations, cultural associations, ecological organisations,

fishermen’s

Once again, this will represent a serious challenge to the directives on habitats and on environmental
impact assessment, as well as the EU’s strategy for coastal areas.

What steps will the Commission take to prevent this new threat to the environment in the Vigo ría and
guarantee the survival of the unique ecosystem which the Galician rías represent?

Answer given by Mrs Wallström on behalf of the Commission

(25 July 2002)

The Commission was not aware of the plan to fill in the Arenal in the Vigo ría to which Honourable
Member refers.

It has therefore asked the Spanish authorities for their comments on the situation reported by the
Honourable Member in her written question, with a view to ensuring that any Community legislation
which might be applicable is observed in this particular case.

(2002/C 277 E/271)

WRITTEN QUESTION E-1783/02

by Giovanni Pittella (PSE) to the Commission

(24 June 2002)

Subject: Protection of the River Galaso-Torre Mattoni-Lake Salinella biotope

In view of the fact that:

: the area between the River Galaso and Lake Salinella, with its flora and fauna, is an important part of
the environmental heritage of Apulia and of Italy as a whole, that it is an area subject to land use
restrictions on conservation and hydrogeological grounds and a protected area (Regional Government
Decree No 503 of 15 October 1992) and that it is also a totally protected nature reserve under the
regional law on the creation and management of protected areas;

: these wetlands are under threat from the constant adoption by the Ginosa municipal council of land

development plans;

C 277 E/246

Official Journal of the European Communities

EN

14.11.2002

: these plans, which threaten the area of land owned by the state and granted to the LIPU (Italian
Society for the Protection of Birds), in contravention of Directives 92/43/EEC (1) (habitats) and 79/409/
EEC (2) (birds), are the subject of two MAGPs for forest improvement financed by the Apulia region
through its forestry department;

: the damage to the River Galaso-Torre Mattoni-Lake Salinella biotope is being exacerbated by the
Apulia regional government’s significant delay in adopting the PUTT-PBA (territorial development plan
on the theme of the countryside and environmental assets) and in implementing the regional law on
‘standards for the preservation and management of protected natural areas’ which, on adoption,
contained nothing more than a list of names and did not precisely demarcate the areas concerned;

how will the European Commission act to find a positive solution to this prime example of poor land-use
planning, which will cause substantial damage to the environmental heritage of southern Apulia?

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

Answer given by Mrs Wallström on behalf of the Commission

(25 July 2002)

In particular, the
The Commission’s powers are limited to those conferred on it by the EC Treaty.
Commission is responsible for ensuring that Community law is properly applied within all Member States.
On the basis of Article 211 of the EC Treaty, ‘in order to ensure the proper functioning and development
of the common market, the Commission shall ensure that the provisions of this EC Treaty and the
measures taken by the institutions pursuant thereto are applied’. As the guardian of the EC Treaty, it does
not hesitate to take all necessary measures, including infringement procedures under Article 226 of the
EC Treaty, in order to ensure the observance of Community law.

The area between the Torrente Galaso and the Salinella Lake is included in a Site of Community
Importance (SCI) 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, ‘Pinete dell’arco ionico’ (IT9130006).

Article 6 of Directive 92/43/EEC provides for protection requirements with reference to the Sites of
Community Importance which will, according to the procedure laid down by the Directive, be designated
as Special Conservation Areas (SCA). These obligations apply to all authorities of the Member States, at the
national, regional or local level. In particular, under Article 6, paragraph 3, ‘any plan or project not directly
connected with or necessary to the management of the site but likely to have a significant effect thereon,
either individually or in combination with other plans or projects, shall be subject
to appropriate
assessment of its implications for the site in view of the site’s conservation objectives’.

Whereas the above-mentioned provision is not fully binding until formal adoption of the list of proposed
Sites of Community Importance (pSCI), Member States have the obligation to act in a way that does not
jeopardise the objectives of the Directive and should therefore take the necessary measures to avoid
damage to pSCIs.

In the specific case mentioned by the Honourable Member, the information available to the Commission is
not sufficiently detailed, and no potential breach of Directive 92/43/EEC can be identified at present. The
Commission would need more precise information on which projects have been approved by the local
authorities, whether these projects have been subjected to an evaluation of their implications for the site,
whether they can be considered as jeopardising the objectives of the Directive and which are the
implications of the projects on habitats and species present in the pSCI. Should the Commission receive
more detailed information enabling it to assess the correct application of Directive 92/43/EEC, it would be
able to investigate this matter.