WRITTEN QUESTION E-3436/02 by Monica Frassoni (Verts/ALE) to the Commission. Failure to act against unauthorised building in the Molentargius-Saline, Cagliari-Quartu S. Elena site of Community importance in Sardinia (Italy).
Date: 2002-12-02
Institutions: European Parliament, Provisional data
Subjects: Italy, environmental law, environmental protection, illegal building, protected area

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Given that it is particularly important for certain local authorities, for example, the Municipality of
Fiumicino, to utilise Community funding to limit carbon dioxide emissions,
improve air quality and
combat pollution, can the Commission provide the following information:

1. Has the Municipality of Fiumicino submitted projects under the Save II and Altener II programmes?

2. Was the Municipality of Fiumicino awarded funding for these projects?

3. Were the funds in question utilised?

(2003/C 155 E/170)

WRITTEN QUESTION E-3431/02

by Roberta Angelilli (UEN) to the Commission

(2 December 2002)

Subject: Utilisation of SAVE II and Altener II funds by the Municipality of Frosinone

In September 2002 the monitoring committee of the Italian Ministry of Finance published a statement
showing expenditure of funds provided by the EU.

The outcome of the survey gave particular cause for concern regarding the slowness and inefficiency of
local authorities in selecting projects, with funds earmarked for the year 2000 amounting to only 2 % of
total CSF appropriations.

The Commission also has repeatedly expressed serious concern regarding the inadequate take-up of
European funds by local authorities.

Given that it is particularly important for certain local authorities, for example, the Municipality of
Frosinone, to utilise Community funding to limit carbon dioxide emissions,
improve air quality and
combat pollution, can the Commission provide the following information:

1. Has the Municipality of Frosinone submitted projects under the Save II and Altener II programmes?

2. Was the Municipality of Frosinone awarded funding for these projects?

3. Were the funds in question utilised?

Joint answer
to Written Questions E-3430/02 and E-3431/02
given by Mrs de Palacio on behalf of the Commission

(8 January 2003)

The Commission can inform the Honourable Member that the municipalities of Fiumicino and Frosinone
have not submitted any projects under the Save II and Altener II programmes.

(2003/C 155 E/171)

WRITTEN QUESTION E-3436/02

by Monica Frassoni (Verts/ALE) to the Commission

(2 December 2002)

Subject: Failure to act against unauthorised building in the Molentargius-Saline, Cagliari-Quartu S. Elena

site of Community importance in Sardinia (Italy)

In the agricultural area of Is Arenas-Medau su Cramu in the municipalities of Cagliari and Quartu S. Elena,
a number of complaints have been registered with the Community, national, regional and,
local
administrative and legal authorities by the ‘Friends of the Earth’ and ‘Justice Action Group’ ecological
associations regarding around 190 cases of unauthorised building with a total volume of around 60 000
cubic metres. The area in question forms part of the Molentargius wetlands and surrounding areas,

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the ‘Molentargius-Saline’ regional wildlife park (2). The area, which is subject

a proposed site of Community importance within the meaning of Directive 92/43/EEC (1) as implemented
by Presidential Decree No 357/1997 (formally listed under Ministerial Decree No 65 of 3 April 2000). It is
to the
also part of
‘Molentargius-Monte Urpinu’ area (3) landscape protection regulations (4) and must be kept intact (5),
is
also classified as a wetland area of international importance (6). To date, however, no specific and effective
measures have been adopted to remedy the infringements of the relevant legislation or prevent further
extremely serious damage to this wildlife area of Community importance.

Is the Commission aware of the above problem?

Are infrastructural projects (roads, water mains, sewers, etc.) being carried out or have they been carried
out with Community funding (MAGP Sardinia 1994-1999 and/or Sardinia ROP 2000-2006)
for
unauthorised buildings in the Molentargius-Saline area?

Does the Commission intend to take suitable measures in response to the serious problem of unauthorised
building operations in Molentargius-Saline, a proposed site of Community importance?

(1) OJ L 206, 22.7.1992, p. 7.
(2) Regional law, Sardinia, No 5/1999.
(3) Decree of 12 January 1979, Cultural Affairs Councillor of the Autonomous Region of Sardinia.
(4) Legislative Decree No 490/1999, Articles 139 to 140 and 146(1)(i).
(5) Regional Law No 23/1993, Article 2(1)(b).
(6) Ramsar International Convention of 2 February 1971,

implemented by Presidential Decree No 448/1976 (area

specified in Ministerial Decree of 17 June 1977).

Answer given by Mrs Wallström on behalf the Commission

(16 January 2003)

The Honourable Member claims that 190 unauthorised buildings with a total volume of around 60,000
cubic metres constructed have resulted in serious damage to ‘Stagno di Molentargius e territori limitrofi’
which is a proposed Site of Community Interest under Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora (1).

Article 6 of Directive 92/43/EEC provides for the protection of Sites of Community Importance which will,
according to the procedure laid down by the Directive, be designated as Special Conservation Areas. These
obligations apply to all authorities of the Member States, at national, regional or local level. In particular,
under Article 6, paragraph 2, ‘Member States shall take appropriate steps to avoid, in the special areas of
conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the
species for which the areas have been designated, in so far as such disturbance could be significant in
relation to the objectives of this Directive’.

The provisions of Article 6, paragraph 2, of Directive 92/43/EEC apply to Sites of Community Importance
(SCI) and to Special Conservation Areas (SCA) under Directive 92/43/EEC. Even if it may not, at present,
be fully binding for proposed Sites of Community Importance (pSCI) under Directive 92/43/EEC, these
being sites which have been proposed by Member States but not yet included in an official list of sites of
Community interest adopted by the Commission, Member States have an obligation to act in a way that
does not jeopardise the objectives of the Directive and ensure therefore that measures are taken to prevent
the deterioration of proposed sites.

However, the information given by the Honourable Member does not contain any description of these
unauthorised buildings nor of their impact on the site. Therefore,
it is not possible to establish their
location and time of construction. In addition, it is not possible to identify which natural habitat and
habitat of species within the pSCI ‘Stagno di Molentargius e territori limitrofi’ have suffered deterioration as
a result of these buildings or how they have been so affected. Furthermore, it is not possible to identify
which species within the mentioned pSCI have been disturbed by these buildings or how they have been
disturbed; it is not possible to identify which appropriate steps the Italian authorities have failed to take
under Article 6, paragraph 2, of the Directive.

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Therefore, on the basis of the information given by the Honourable Member, due to a lack of grounds, no
breach of Community law can be identified at present.

In addition, according to the Regional authorities of Sardinia, the information given by the Honourable
Member does not allow the exact identification of the infrastructural projects concerned by the question
(roads, water mains, sewers, etc.): it is therefore impossible to establish whether they have been carried out
with Community funding within the framework of multiannual guidance programme (MAGP) Sardinia
1994-1999 and/or Sardinia regional operational programme (ROP) 2000-2006.

(1) OJ L 206, 22.7.1992.

(2003/C 155 E/172)

WRITTEN QUESTION E-3450/02

by Avril Doyle (PPE-DE) to the Commission

(6 December 2002)

Subject: Uranium in public drinking water

Can the Commission explain why there are no parametric values for uranium 238 in either EU or WHO
guidelines, and is there any evidence of physical side-effects on humans or animals from ingesting uranium
238?

Answer given by Mrs Wallström on behalf of the Commission

(31 January 2003)

At the time of negotiating and of adopting Council Directive 98/83/EC of 3 November 1998, on the
quality of water intended for human consumption (1), it has been agreed to make a distinction between the
chemical toxicity of uranium and its radio-toxicity and to retain only the radio-toxicity; a parametric value
has been fixed for the total indicative dose.

This was in line with the conclusions from the World Health Organisation (WHO) acknowledging that no
adequate short- and long-term studies on the chemical toxicity of uranium were available and that a
guideline value for uranium in drinking water couldn’t be defined at that time. Once a guideline will be set
by WHO on the basis of additional information, the Commission will make the necessary proposal for
amendment of the Directive in the frame of the five years review process foreseen in Article 11.1 of the
same Directive.

(1) OJ L 330, 5.12.1998.

(2003/C 155 E/173)

WRITTEN QUESTION E-3451/02

by Eluned Morgan (PSE) to the Commission

(6 December 2002)

Subject: Agriculture and IACS

What agricultural products are included in the IACS forms? Could you tell us how much Greece has
received for these products in subsidies per year, since the IACS forms have been introduced? Could you
tell us how much Greece was fined for not complying with the rules on IACS forms per year since the
IACS scheme became compulsory?