WRITTEN QUESTION E-2544/03 by Antonio Di Pietro (ELDR) to the Commission. Building work in the regional nature reserve of Partenio.
Date: 2003-07-30
Institutions: European Parliament, Provisional data
Subjects: Campania, application of EU law, countryside conservation, environmental impact, environmental law, environmental protection, impact study, nature reserve

C 65 E/172

Official Journal of the European Union

EN

13.3.2004

(2004/C 65 E/189)

WRITTEN QUESTION E-2544/03

by Antonio Di Pietro (ELDR) to the Commission

(30 July 2003)

Subject: Building work in the regional nature reserve of Partenio

The territory of the municipalities of Summonte and Ospedaletto d’Alpinolo, in the province of Avellino in
Italy, is inside the perimeter of the Patenio regional nature reserve, which is subject to various forms of
environmental protection order.

In particular:

(a)

the whole territory of the municipality of Ospedaletto d’Alpinolo and that of the municipality of
Summonte above the provincial highway are, because of
special
environmental protection provided by Law No 1497/39;

scenic beauty, under

their

(b) most of

the territory of

is under a
conservation order by virtue of Article 1(g) of Law No 431/85, as well as provisions to protect the
watercourses and geological features,
introduced by the authority
responsible for the Volturno and Liri Garigliano river basins to eliminate the most serious risks;

the two municipalities, which is covered with woodland,

laid down by the ‘Special Plan’

(c)

the highest part of the territory of the two municipalities is also included in the site of Community
interest (cid:1) code number IT 8040006 (cid:1) known as ‘Dorsale Monti del Partenio’, protected under
Directive 92/43/EEC (1) and Article 5 of Presidential Decree No 357 of 8 September 1997.

Despite these safeguards and in contravention of the provisions of Article 3(6) of Directive 92/43/EEC, the
local authorities of Ospedaletto d’Alpinolo and Summonte (cid:1) after obtaining funding from the Region of
Campania (cid:1) are carrying out major works projects with a significant impact on the conservation area,
without the necessary environmental impact assessment stipulated in the directive.

Does the Commission agree that in the absence of respect for the Community legislation referred to, the
permits issued by the competent Italian authorities for these projects are unlawful?

(1) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(11 September 2003)

Under Article 6, paragraph 3, of Council Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora, with reference to the sites which, according to the procedure
laid down by the Directive, will be listed as Sites of Community Importance (SCI) and which will be
designated as Special Areas of Conservation (SAC):

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.

However, the information given by the Honourable Member has not revealed any specific grounds on
possible breach of Directive 92/43/EEC in the specific case. In particular, no detail is given as regards the
works which are claimed to have a significant effect on the proposed Site of Community Importance
IT 8040006 ‘Dorsale Monti del Partenio’. Therefore, in the light of the above, no breach of the above
mentioned Directive can be identified at present. Should the Honourable Member provide detailed
information enabling the Commission to assess the issue in relation to Directive 92/43/EEC,
the
Commission would be able to investigate this matter.