WRITTEN QUESTION P-2746/03 by Luigi Vinci (GUE/NGL) to the Commission. Infringements of European legislation on special conservation areas and sites of Community importance and the use of European funding for the reforestation of the Alta Murgia (Bari).
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: Apulia, EAGGF, EU programme, afforestation, infringement of EU law, project management, protected area

27.3.2004

EN

Official Journal of the European Union

C 78 E/421

Here the appropriations available are much higher and the Community contribution rates can be as much
as 80 % of total funding in certain Objective 1 regions.

The information which the Commission has on the Structural Funds relates to appropriation forecasts for
the period 2000 to 2006 and budget implementation in the period from 2000 to the first half of 2003.

They do not cover forest fire prevention measures alone, but all ‘forestry’ measures as provided for in
Article 30 of Regulation (EC) No 1257/1999 (1), with the exception of afforestation of
farmland,
operational programmes and rural development programmes.

However,
afforestation) under those programmes covering high- and medium-risk areas relate to forest
prevention.

it is safe to assume that a large part of the forestry measures carried out (not including
fire

Thus the tables sent directly to the Honourable Member and to the Parliament Secretariat give the
following information for Spain, by Autonomous Community:

(cid:1) the breakdown of commitment appropriations and appropriation forecasts for the period 2000 to

2006 (2000 to 2002 in the case of Regulation (EEC) No 2158/92),

(cid:1) the breakdown of payment appropriations and appropriation execution for the period 2000 to the

first half of 2003.

It should be noted that most of the appropriations allocated to Spain under Regulation (EEC) No 2158/92
related to national measures (campaigns to inform and educate the public and surveillance) submitted by
the Ministry of the Environment.

Unlike the Structural Funds, and as was the case with the other Member States concerned by this
Regulation, public part-financing was not compulsory, and private funding could be sufficient.

The Honourable Member will note that the Spanish regions relied heavily on the Structural Funds. Only
the Basque Country made significant use of Regulation (EEC) No 2158/92.

(1) Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, OJ L 160,
26.6.1999.

(2004/C 78 E/0442)

WRITTEN QUESTION P-2746/03

by Luigi Vinci (GUE/NGL) to the Commission

(10 September 2003)

Subject: Infringements of European legislation on special conservation areas and sites of Community
importance and the use of European funding for the reforestation of the Alta Murgia (Bari)

Knowing that:

(cid:1) by Ministerial Decree of 24 December 1998 the Minister for the Environment declared the Alta
Murgia, a densely forested area, a site of Community importance (Directive 92/93/EEC (1)) and a
special protection area (Directive 79/409/EEC (2)) and in order
to implement Directive 92/93
Presidential Decree No 357 of 8 September 1997 set up a special committee to assess the
environmental impact of projects on sites of Community importance.

(cid:1) the Alta Murgia is affected by an environmental disaster caused by unlawful quarries excavated
without authorisation or using illegal procedures via the Mining Office of the Apulia Region,
in
contravention of the provisions on environmental impact assessment laid down in the Presidential
Decree of 12 April 1996 and the permits concerning the landscape and the environment issued by the
Region itself.

C 78 E/422

Official Journal of the European Union

EN

27.3.2004

(cid:1) the Region of Apulia is turning the Alta Murgia from a forest into a tufa-quarrying area and then,
after filling the quarries with waste of all kinds (cid:1) thereby infringing Italian and European legislation (cid:1)
wants to convert the area into fields for intensive arable farming, thereby damaging the environment
and endangering public health.

(cid:1) although the Region of Puglia sanctioned conservation of the area by virtue of Regional Law No 19 of
it is about to pass a law exonerating those responsible for environmental crime, thereby

1997,
infringing Italian and European laws.

(cid:1) the Italian Court of Appeal has stressed that Article 30 of Law No 394 of 6 December 1991 applies to

violations of protected areas,

(cid:1) in January 2001 the environmentalist organisation ‘Verdi Ambiente e Società’, during its work to
there are serious infringements in the Alta Murgia
safeguard the environment, ascertained that
affecting fauna and the environment and violations of Legislative Decree No 22/97 implementing
Directives 91/156/EEC (3) on waste, 91/689/EEC (4) on hazardous waste and 94/62/EC (5) on packaging
and packaging waste.

(cid:1) it forwarded the allegations to the Public Prosecutor’s Office in Trani (BA), which tries to restore
legality by criminal proceedings on the basis of Council Decision 2003/80/JHA (6) of 27 January 2003
on the protection of the environment through criminal law.

(cid:1) the European Court of Justice issued judgments C-143/02 and C-378/01 on 20 March 2003.

Can the Commission say:

1. whether the Region of Apulia has obtained funding for the reforestation of the Alta Murgia and, if so,

how much;

2. whether, in the light of the above, it intends for the time being to freeze the LIFE funding allocated to

the Region of Apulia;

3. whether it therefore considers that there are grounds for bringing infringement proceedings against

Italy?

(1) OJ L 338, 23.11.1992, p. 40.
(2) OJ L 103, 25.4.1979, p. 1.
(3) OJ L 78, 26.3.1991, p. 32.
(4) OJ L 377, 31.12.1991, p. 20.
(5) OJ L 365, 31.12.1994, p. 10.
(6) OJ L 29, 5.2.2003, p. 55.

Answer given by Mrs Wallström on behalf of the Commission

(14 October 2003)

1.
In the Apulia Region, the Guarantee Section of the European Agricultural Guarantee and Guidance
Fund (EAGGF) contributes to the co-funding of the rural development plan for the period 2000-2006,
which was approved by Commission Decision No C(2001)479 of 2 March 2001. This programme
provides, among other things, for a measure concerning the reforestation of agricultural land. The rural
development plan covers the entire regional territory, but gives priority,
in particular as regards the
reforestation of agricultural
land, to sites of Community importance (SCI) and special protection areas
(SPA) and to other protected areas. For the period 2000-2006, guaranteed EAGGF co-funding of
EUR 11 million is planned for this measure. Farmers in the Alta Murgia were able and still can submit
projects under this measure.

The Guidance Section of the EAGGF contributes to the co-funding of the regional operational programme
(ROP) and the Community initiative Leader+ programme for the period 2000-2006.

27.3.2004

EN

Official Journal of the European Union

C 78 E/423

Under the ROP, which was approved by Commission No C(2000)2349 of 8 August 2000, the Apulia
Region plans, in the framework of measure 1.7, to carry out activities for the forestation and reforestation
of woodland for environmental purposes in particular. The measure covers the entire regional territory,
but gives priority to the SCI and SPA areas and other protected areas. For this programme, foresters and
other aid recipients in Alta Murgia may also submit reforestation projects in response to the invitations for
tender issued by the Region. EAGGF co-funding of EUR 31 million is scheduled for this measure.

With regard to the Community initiative Leader+ programme for the period 2000-2006, which was
approved by Commission Decision No C(2002)171 of 29 January 2002, no specific EAGGF Guidance
Section funding is planned for forestation in the Apulia Region.

is the responsibility of

The Commission has approved the above programmes after verifying that they conform with the relevant
Community provisions. Local management
the most
appropriate geographical level. The programmes must be implemented by the competent national and/or
regional authorities, which must in particular ensure that projects are selected from among those proposed
by potential recipients which fulfil the eligibility requirements and apply for support. The Commission is
kept informed, in the framework of the partnership, about the detailed arrangements for using the funds
by means of programme implementation reports and by Monitoring Committees in which the Member
States participate. The information, which is in the form of financial and physical monitoring indicators,
and the assessment factors do not concern specific areas such as the Alta Murgia or individual cases in
which support is given, since in conformity with the principle of subsidiarity the Commission is not
competent to express an opinion on them.

the Member States, at

The Commission would therefore ask the Honourable Member to contact the Apulia Region Assessorato
all’Agricoltura for information about funding for reforestation in the specific area of Alta Murgia in the
framework of the above programmes.

2.
Under the current LIFE III Programme, projects are the responsibility of individual beneficiaries and
not of a region. It is not possible to freeze funding to all beneficiaries in a region indiscriminately. Funding
can only be revoked where a beneficiary is in infringement of Community rules. The Apulia Region is not
a current LIFE beneficiary: however, infringement of Community rules in the Region could be taken into
account if the Region itself were to propose a LIFE project in the 2004 round. This is the last round of the
LIFE III Programme, which expires on 31 December 2004.

3.
The Commission has registered a complaint on the issues raised by the Honourable Member for poor
application of Directives 79/409/EEC on the conservation of wild birds and 92/43/EEC (1) on the
conservation of natural habitats and of wild fauna and flora. This complaint is under assessment.

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

Should the Commission come to the conclusion that Community law is being breached in the specific
case, it will not hesitate, as the Guardian of the Treaty, to take all necessary measures, including opening
infringement procedures under Article 226 of the EC Treaty,
in order to ensure compliance with the
relevant Community law.

(1) OJ L 206, 22.7.1992.

(2004/C 78 E/0443)

WRITTEN QUESTION E-2771/03

by Glyn Ford (PSE) to the Commission

(16 September 2003)

Subject: European Project Funding for Enable project

A representative of Dementia Voice, a partner in the Enable project, funded by the EC has expressed
concern about the deficits they have incurred as a result of not yet receiving the balance of their European