WRITTEN QUESTION E-0188/03 by Luciana Sbarbati (ELDR) to the Commission. Construction of tourist villages on the coast to the south of Syracuse.
Date: 2003-01-31
Institutions: European Parliament, Provisional data
Subjects: EU financing, Italy, Sicily, application of EU law, environmental impact, environmental law, tourist infrastructure

C 222 E/160

Official Journal of the European Union

EN

18.9.2003

Reply

(13 May 2003)

Like the Honourable Parliamentarian, the Council is also committed to promoting human rights, including
the rights of women, in Iran. In its conclusions of 17 June 2002, when reaching political agreement on the
opening of negotiations on a Trade and Cooperation Agreement with Iran, the Council said that it
expected that
trade and economic relations be matched by significant positive
developments in Iran in a number of areas, notably human rights. The other areas were non-proliferation,
counter-terrorism and the Middle East Peace Process. The Council furthermore announced, that it would
follow progress in these areas.

the deepening of

As in all agreements with third countries, the EU will insert a human rights clause in the Trade and
Cooperation Agreement with Iran. The negotiating directives approved by the Council confirmed the
established policy consisting in placing the human rights clause among the so-called essential elements of
the agreement, with the consequence that a breach of the clause could mean immediate denunciation of
the entire agreement.

(2003/C 222 E/185)

WRITTEN QUESTION E-0188/03

by Luciana Sbarbati (ELDR) to the Commission

(31 January 2003)

Subject: Construction of tourist villages on the coast to the south of Syracuse

Two tourist villages, with a capacity of 1 550 and 1 200, are planned in the Asparano and Ognina areas of
the province of Syracuse in Italy.

In its 1999 decision in Case C-435/97, the Court of Justice ruled that Member States do not have the
power either to exclude or to exempt from the environmental impact assessment procedure projects likely
to have significant effects on the environment by virtue of their nature, size or location.

With regard to Directives 85/33/EEC (1) and 97/11/EC (2) concerning the assessment of the effects of
certain public and private projects on the environment, 92/43/EEC (3) on the conservation of natural and
semi-natural habitats, and of wild flora and fauna, and 79/409/EC (4) on the conservation of wild birds, can
the Commission answer the following questions:

(cid:1) Do these projects enjoy part-financing from the Structural Funds?

(cid:1) Will the environmental impact procedure be applied to the whole project and will account be taken of

the damage caused by the completed works?

(cid:1) If the Commission establishes non-compliance with the obligations laid down by Community law, can

it ensure that the necessary measures are taken to restore the sites?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 73, 14.3.1997, p. 5.
(3) OJ L 206, 22.7.1992, p. 7.
(4) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(11 March 2003)

The Commission has the task of ensuring the correct application of Community law, in the light of the
powers conferred on it by the EC Treaty. 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.

18.9.2003

EN

Official Journal of the European Union

C 222 E/161

Under Council Directive 85/337/EEC of 27 June 1985, on the assessment of the effects of certain public
and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997,
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 by the Directive
are identified in the annexes. Projects listed in Annex I are made subject to an environmental impact
assessment (EIA) 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 EIA procedure.

Based on the information given by the Honourable Member, the work to which the question refers could
fall within the scope of Annex II of Directive 85/337/EEC as amended, in particular project categories 12c.
In the light of the above, the Italian authorities should determine through a case-by-case examination or by
applying thresholds or criteria set by the Italian legislation, whether the project is to be made subject to an
environmental impact assessment procedure.

The EIA legislation of the Region of Sicily (Presidential Decree of 14 November 2000), provides that
projects for hotel complexes for more than 300 beds are made the subject of an examination in order to
determine whether they have to be made the subject of an EIA procedure. It appears that, under this
provision, in line with the Directive, the projects mentioned by the Honourable Member will be examined
in order to determine whether they have to be made the subject of an EIA procedure. When the internal
law complies with Community law and no evidence is given to presume that it is going to be breached,
the Commission considers that there are no grounds for intervention.

Council Directives 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna
and flora and 79/409/EEC of 2 April 1979, on the conservation of wild birds, are relevant only where
projects are likely to affect a site proposed or designated under these Directives, which does not appear to
be the case on the basis of the information provided by the Honourable Member. In the light of the above,
given the lack of specific grounds for the complaint on the application of Community law in this specific
case, no breach of it can be identified at present.

Expenditure for the construction of tourist villages is not eligible for support from the Structural Funds.

(2003/C 222 E/186)

WRITTEN QUESTION E-0198/03

by Margot Keßler (PSE) to the Council

(3 February 2003)

Subject: Western Sahara (cid:1) Visit of European Parliament Ad Hoc Delegation (cid:1) Human Rights

The European Parliament Ad Hoc Delegation for the Western Sahara visited Laayoune, the capital of this
non-self-governing territory, on 12 March 2002. A meeting with members of the civil society, including
Saharawi human rights activists, was held in Laayoune Parador Hotel.

The meeting took place at the request of the European Delegation, which raised the question of the safety
of the civil society members. The Delegation chair, Catherine Lalumiere MEP, promised to give every
the participants in the meeting would not undergo intimidation by the Moroccan
guarantee that
authorities following this meeting. After their meeting with the MEPs, the president and a large number of
members of the local human rights NGO ‘Forum for Truth and Justice: Sahara Section’ who participated in
the meeting were prosecuted by the occupying Moroccan authorities. The Saharawi participants were the
president of
the NGO, Mr Moutik Lahoussine, Mr Eddymaoui Abdessalem, Mr Ennassiri Ahmed,
Mr Elmoussaoui Edkhil and Mr Mohamed Elmoutaouikil.

Mr Moutik Lahoussine was fired from his job (in the company Sepomer Sahara SARL) due to his meeting
with the European Parliament Ad Hoc Delegation. The other members of the Saharawi delegation were
detained on several occasions and prosecuted for political reasons.