WRITTEN QUESTION P-1404/03 by Luigi Vinci (GUE/NGL) to the Commission. Protection of Sites of Community Importance (SCIs) and Special Protection Areas (SPAs) in Basilicata (Italy) with reference to the habitats (92/43/EEC) and birds (79/409/EEC) directives.
Date: 2003-04-11
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, environmental impact, environmental law, impact study, operational programme, protected area, tourist infrastructure

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6.2.2004

that the nationality of Member States is entirely a matter for the Member States concerned. It does not fall
under the competence of the Union.
It is therefore for each Member State, having due regard to
Community law, to lay down the conditions for the acquisition and loss of nationality (1), including rules
concerning double nationality.

In these circumstances, the Commission is not able to take any initiatives relating to the subject matter.

(1) See judgement of the European Court of Justice in case C-369/90 Micheletti of 7.7.1992, ECR 1992, p. I-4239.

(2004/C 33 E/114)

WRITTEN QUESTION P-1404/03

by Luigi Vinci (GUE/NGL) to the Commission

(11 April 2003)

Subject: Protection of Sites of Community Importance (SCIs) and Special Protection Areas (SPAs)

in

Basilicata (Italy) with reference to the habitats (92/43/EEC) and birds (79/409/EEC) directives

The Foce Bradano (IT9220090), Costa Jonica Foce Basento (IT9220085), Costa Jonica Foce Cavone
(IT9220095) and Costa Jonica Foce Agri (IT9220080) SCIs and the Bosco Pantano di Policoro and Costa
Jonica Foce Sinni SPAs are under serious threat from plans to build tourist facilities behind or inside them.

It is essential to protect these areas both to safeguard biodiversity, natural habitats and the breeding
grounds of the sea turtle (caretta caretta) and the otter (lutra lutra) as well as other animals listed in Annex
II to Directive 92/43/EEC (1) and because of the presence of various species of migratory birds included in
Annex I to Directive 74/409/EEC (2).

In 2002, following the lodging of complaints to the Commission Nos 2002/4799, SG (2002) A/7425 and
2002/4800, SG (2002) A/6930/2 by the Italian League for the Protection of Birds (LIPU) and the Costa
Jonica Protection Committee, the Italian Ministry for the Environment asked the Basilicata regional
authorities to obtain the documentation required to prevent the opening of infringement proceedings
against the Italian State for breach of the above directives.

The construction of the tourist facilities, which in some cases is already in progress, should, under the
current rules, be preceded by an environmental impact assessment (EIA). To date, however, the findings of
only one EIA have been submitted.

On 14 January 2003 the Council of State suspended the enforcement of ruling No 801/2002 of the
Basilicata regional administrative court, upholding LIPU’s appeal against one of the construction projects,
thus authorising the resumption of work even in the absence of EIAs, which are compulsory for SCIs and
SPAs coming within the Natura 2000 network.

SCI IT9220095 and SPA IT9220055 are covered by Community environmental protection projects: the
former by an Envireg Community Initiative for the depollution and rehabilitation of the coastline at the
mouth of the River Cavone, and the latter by a LIFE-Nature project managed by the ENEA (Italian agency
for new technologies, energy and the environment), the Lazio regional authorities and the Basilicata
regional authorities.

Given the above, how does the Commission intend to go about putting an end to breaches of Community
directives and ensuring the effectiveness of Community environmental projects and initiatives cofinanced
by the EU?

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

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Answer given by Mrs Wallström on behalf of the Commission

(21 May 2003)

The Commission has received a complaint on the issues raised by the Honourable Member for bad
application of Council Directives 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), 79/409/EEC of 2 April 1979 on the conservation of wild birds (3) and 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of wild fauna and flora (4). This complaint is
under assessment.

The information given by the Honourable Member has been added to the above- mentioned complaint file.

it would not hesitate, as the Guardian of the Treaty, to take all necessary measures,

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 observance of relevant
Community law.

Furthermore, the Commission has taken the necessary steps with Basilicata Region in order to verify
whether ERDF co-finances tourist facilities next or inside SCIs or SPAs areas mentioned in the question.
Moreover, the Commission continues actively to monitor and control the use of Structural Funds under the
Basilicata Operational Programme, including the conformity of selected projects with European Regional
Development Fund (ERDF) regulations and with Community law.

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

(2004/C 33 E/115)

WRITTEN QUESTION E-1407/03

by Kathleen Van Brempt (PSE) to the Commission

(23 April 2003)

Subject: Protective clothing for motorcyclists

is very expensive. However, proper
for motorcyclists, but
Protective clothing is very important
equipment can save lives. Motorcyclists’ organisations are calling for VAT on protective clothing, for
example helmets, the wearing of which is compulsory by law, to be reduced from 21 % to 6 %. However,
the national authorities have informed the motorcyclists that VAT reductions on protective clothing can be
determined only by European bodies.

it

Is the Commission aware of this call from motorcyclists?

Does the Commission have any intention of taking measures whereby VAT on protective clothing would
be reduced?

If not, what is the Commission doing with a view to promoting protective clothing for motorcyclists?

Answer given by Mr Bolkestein on behalf of the Commission

(16 June 2003)

As it indicated in its Communication on the new VAT strategy (1) and in the report of October 2001 on
reduced rates (2) the Commission intends to carry out an overall review of the structure of reduced rates in
the first half of the year. This review will look at all requests for reduced rates for individual categories of
goods and services as several business sectors have often expressed an interest in tax incentives and
reduced VAT rates in particular.