WRITTEN QUESTION P-0091/03 by Fausto Bertinotti (GUE/NGL) to the Commission. Extension of the tourist port at San Felice Circeo (Latina, Italy).
Date: 2003-01-20
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, environmental impact, environmental law, harbour installation, protected area

9.10.2003

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Official Journal of the European Union

C 242 E/93

While combating the smuggling of animals is mainly the responsibility of Member States, the Commission
provides assistance. It has contracted Traffic Europe, the wildlife trade monitoring programme of the
World Wildlife Fund (WWF) and the International Union for Conservation of Nature (IUCN), to monitor
the implementation of the wildlife trade regulations in the Union and to assist the responsible authorities
in Member States on questions related to enforcement. The Commission also chairs an ‘Enforcement
Group’ in which Member States come together to examine technical questions related to enforcement.

The most obvious contacts for animal traders are the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) Management Authorities in Member States. The Commission itself
has a webpage concerning CITES and the Union wildlife trade regulations on Europa (http://
www.europa.eu.int/comm/environment/cites/home_en.htm). It is also currently planning an information
campaign for wildlife trade controls in the Union which should make commercial operators, such as
wildlife importers, wholesalers and retailers, more aware of the detailed provisions in the wildlife trade
Regulations regarding commercial activities as well as the provisions regarding the proper care of live
specifically targeted campaign will
specimens. This campaign should start
complement a previous information effort aimed at the general public.

in spring 2003. This

The Commission works closely with Member States in the Committee on Trade in Wild Fauna and Flora,
the Scientific Review Group and in the above-mentioned Enforcement Group. The meetings of these
Groups provide the possibility of exchanging information, knowledge and experience. The improvement
and harmonisation of implementation measures is one of the tasks of the Committee on Trade in Wild
Fauna and Flora.

With regard to sanctions these are largely within the competence of Member States and Article 16 of
Regulation 338/97 provides that Member States ‘take appropriate measures to ensure the imposition of
sanctions’
infringements. The Commission has subsidized a ‘Workshop on the
Enforcement of Wildlife Trade Controls in the Union’ in 2001, where the issue of sanctions was discussed.

for a number of

At a broader level, it should be mentioned that, in 2001, the Commission proposed a Directive of the
Parliament and the Council on the Protection of the Environment through Criminal Law (2) which proposes
criminal sanctions for offences against the environment. This also covers the trading of protected wild
fauna and flora species or parts thereof. This proposal for a directive is limited to requiring that Member
States impose criminal penalties for breaches of environmental law. It leaves Member States considerable
freedom to decide what type of criminal penalties they wish to impose, provided they are effective,
proportionate and dissuasive, in accordance with the rulings on penalties issued by the Court of Justice.
The legislative procedure to adopt this proposal for a Directive is stopped for the moment. The Council
adopted on 27 January 2003 a Framework-decision on the protection of the environment
through
criminal law in the context of judicial cooperation. It obliges Member States to punish intentional and
negligent offences to the environment, including the trading of protected wild fauna and flora species or
parts thereof.

(1) OJ L 61, 3.3.1997.
(2) Proposal for a Directive of the Parliament and the Council on the Protection of the Environment through Criminal
Law (cid:1) OJ C 180, 26.6.2001 and amended proposal for a Directive of the Parliament and the Council on the
Protection of the Environment through Criminal Law (cid:1) OJ C 20 E, 28.1.2003.

(2003/C 242 E/094)

WRITTEN QUESTION P-0091/03

by Fausto Bertinotti (GUE/NGL) to the Commission

(20 January 2003)

Subject: Extension of the tourist port at San Felice Circeo (Latina, Italy)

The municipality of San Felice Circeo has decided to double the size of the local tourist port. It has not,
however, heeded the counsels of the regional advisers, notably with regard to the planning, coastal erosion
and urban development aspects. The project has not been subjected to an environmental
impact
assessment, nor has there been a proper study concerning current flows and erosion risks. Equally, no

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Official Journal of the European Union

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9.10.2003

account has been taken of the natural beauty dimension of the Circeo promontory (the area concerned by
the project falls within the Circeo National Park, which is an SCI [Site of Community Importance]).
The Lazio Regional Administrative Court has annulled the procedure for approval of the project, on the
grounds of the site’s environmental
importance; but, despite this, the mayor of San Felice Circeo has
already announced that he will appeal to the Council of State, even though the tourist port project
involves private enterprise only.

Does the Commission not believe that the entire administrative history of this project, and the project
itself, entail breaches of basic environmental law, especially given the absence of an environmental impact
assessment?

Does the Commission not consider that, in view of the serious risks of habitat damage which the project
would involve, there is an urgent need for the EU to intervene with the municipal authorities, so as to
ensure that this enormously important area is protected?

Does the Commission not believe that all procedures relating to these projects should be suspended as of
now?

Answer given by Mrs Wallström on behalf of the Commission

(25 February 2003)

According to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain
public and private projects on the environment (1), after amendments by Council Directive 97/11/EC of
3 March 1997 (2), Member States are obliged to ensure that, before consent is given, projects likely to have
significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject
to a requirement for development consent and an assessment with regard to their effects. Projects covered
to an
by the Directive are identified in the annexes. Projects listed in Annex I are made subject
environmental impact assessment procedure. For projects listed in Annex II, Member States are obliged to
determine through a case-by-case examination or by setting criteria or thresholds whether a project is to
be made subject to an environmental impact assessment procedure.

Based on the information given by the Honourable Member, the Commission considers that, since marinas
are projects of Annex II of the Directive, the work to which the Honourable Member refers could fall
within the scope of Directive 85/337/EEC as amended, and, in particular, into categories 13 of Annex II of
the Directive (3). In the light of the above, the Italian authorities should have determined through a case-by-
case examination or by applying thresholds or criteria set by the Italian legislation, whether the project had
to be made subject to an environmental impact assessment procedure.

Article 6 of Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of
wild fauna and flora (4), 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 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.’

The above-mentioned provision applies to Sites of Community Importance (SCI) under Directive 92/43/
EEC and Special Protection Areas (SPA) under Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (5). 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.

Should the project mentioned by the Honourable Member be likely to have significant effects on the SPAs
and/or pSCIs contained in the area of the ‘Parco nazionale del Circeo’, the Italian authorities should have
complied also with the above-mentioned obligations under Directives 92/43/EEC and 79/409/EEC.

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Official Journal of the European Union

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As the Commission is not aware of the specific situation described by the Honourable Member, it will take
the appropriate steps in order to gather detailed information and to ensure, within the limits conferred on
it by the EC Treaty, the compliance with Community law.

it will not hesitate, as the guardian of

Should the Commission come to the conclusion that Community law is being breached in the specific
case,
including
infringement procedures under Article 226 of the EC Treaty,
in order to ensure the compliance with
relevant Community law.

to take all necessary measures,

the Treaty,

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.
(3) Any change or extension of projects listed in Annex I or Annex II, already authorized, executed or in the process of

being executed, which may have significant adverse effects on the environment.

(4) OJ L 206, 22.7.1992.
(5) OJ L 103, 25.4.1979.

(2003/C 242 E/095)

WRITTEN QUESTION E-0104/03

by Luciano Caveri (ELDR) to the Commission

(28 January 2003)

Subject: Modification of lorry engines

The Community authorities have, with the series of engines that perform increasingly well on the scale
known as Euro 0, 1, 2 and 3, and which is soon to be Euro 4, devoted great attention to framing rules
which ensure that lorry engines are less and less polluting. Along with the laboratory tests, are there any
field studies which provide assurances as to the lower levels of pollution emitted by these new-generation
engines? Is there any risk of these engines being modified by lorry drivers in order to improve their
performance to the detriment of the environment?

Answer given by Mr Liikanen on behalf of the Commission

(5 March 2003)

With the use of electronic engine controls there are possibilities to manipulate how an engine performs on
the road, usually to the benefit of fuel consumption but at the expense of higher pollutant emissions,
notably emissions of oxides of nitrogen (NOX). The manipulations allow an engine to fulfill all emission
standards under test conditions but then behave differently on the road.

In 2000, the Commission became aware that some heavy-duty engines with a Euro III type-approval were
being manipulated even though Parliament and Council Directive 1999/96/EC (1)
(amending Council
Directive 88/77/EEC (2)) contains requirements to protect against the use of what are known as ‘defeat
devices’. Therefore, steps were taken to introduce Commission Directive 2001/27/EC (3) to strengthen the
requirements against the use of defeat devices. These new requirements require manufacturers to disclose,
at the time of type-approval to the type-approval authority and technical services, all their electronic
strategies and justify why certain manipulations may be used (for valid reasons such as engine protection
and cold starting) but within closely defined operating conditions (altitude, ambient temperature, oil
temperature). The commercial confidentiality of such information has to be respected by the type-approval
authority and technical services.

The Commission is working through the United Nations forum in Geneva (UN-ECE) to develop a Global
Technical Regulation detailing measures to protect against the use of defeat devices on new heavy-duty
vehicles.

The Commission is preparing proposals to supplement the Euro IV emission standards with new technical
tests (as required in Directive 1999/96/EC) and Community research projects are studying the differences
between actual in-use emissions and the type-approval limits. As part of the supplement to the Euro IV
emission standards, a test for in-use conformity of a heavy-duty vehicle emission control system is being