WRITTEN QUESTION P-2847/03 by Miquel Mayol i Raynal (Verts/ALE) to the Commission. Plans to develop Salobrar de Campos — Es trenc.
Date: 2003-09-18
Institutions: European Parliament, Provisional data
Subjects: application of EU law, protected area, protection of animal life, sports facilities, town planning

27.3.2004

EN

Official Journal of the European Union

C 78 E/177

Answer given by Mrs de Palacio on behalf of the Commission

(30 October 2003)

For the rail sector, infrastructure charging is already included in the first railway package (Directive 2001/
14/EC (1)). As requested by the Copenhagen European Council of December 2002 and by the Brussels
European Council of March 2003, the Commission presented on 23 July 2003 a proposal (2) amending
Directive 1999/62/EC of the Parliament and of the Council of 17 June 1999, on the charging of heavy
goods vehicles for the use of certain infrastructure (3). This new proposal concentrates on road transport,
more precisely on heavy goods vehicles over 3,5 tonnes. The fact that these vehicles are involved, on a
regular basis, in intra-community traffic justifies common rules concerning the charging for the use of
infrastructure. Concerning the other means of transport, no Community framework is applicable to them
at present.

More specifically for the airport sector a wide range of policy options on the Regulation of airport charges
exists and the International Civil Aviation Organisation (ICAO) has recently developed further its policy
guidance for aeronautical charges (4). A Commission proposal from 1997, though strongly inspired by
generally recognised ICAO principles, did not receive sufficient support in the Council of Ministers and
therefore the Commission decided to withdraw this initiative (5).

(1) Directive 2001/14/EC of the Parliament and of the Council of 26 February 2001 on the allocation of railway
infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification,
OJ L 75, 15.3.2001.

(2) OJ L 187, 20.7.1999.
(3) COM(2003) 448 final.
(4)
(5) OJ C 257, 22.8.1997 and COM(2001) 763 final.

ICAO’s policies on charges for airports and Air Navigation Charges (cid:1) document 9082, sixth edition 2001.

(2004/C 78 E/0183)

WRITTEN QUESTION P-2847/03

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

(18 September 2003)

Subject: Plans to develop Salobrar de Campos (cid:1) Es trenc

There are plans to build a polo field and accommodation for 2000 people in the Salobrar de Campos (cid:1)
Es trenc area in the south of Mallorca. The polo field would be situated on fossilised dunes (semi-arid zone)
on a saltwater table, next to an area of wetlands and coastal dunes containing Phoenician juniper which
has been designated a special protection area for birds under Directive 79/409/EEC (1) of 2 April 1979 on
the conservation of wild birds and a priority habitat for conservation under Directive 92/43/EEC (2) of
21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

Is the Commission aware of this development project?

Has the Commission been consulted by the Spanish State on this project as required under Article 6(3) and
(4) of the Habitats Directive?

Does the Commission believe that this project to construct accommodation and a polo field is compatible
with the provisions of the Habitats Directive?

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

C 78 E/178

Official Journal of the European Union

EN

27.3.2004

Answer given by Mrs Wallström on behalf of the Commission

(16 October 2003)

The Commission was not aware of the project referred to by the Honourable Member.

The Commission has checked that the site in question has been classified as a special protection area (SPA)
for birds pursuant to Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of
wild birds.

It should be noted that the Spanish authorities have also proposed the ‘Es trenc (cid:1) Salobrar de Campos
ES0000037’ site, which covers an area of 1 442 hectares, as a site of Community importance (SCI) for
future inclusion in the Natura 2000 network under the terms of Council Directive 92/43/EEC of 21 May
1992 on the conservation of natural habitats and of wild fauna and flora.

The Commission has contacted the Spanish authorities
to seek their comments on how the
abovementioned Directives have been enforced in this particular case and to determine whether the
project in question is likely to have a significant effect on the site in terms of the objectives of Directive
92/43/EEC, in which case the procedure laid down in Article 6 thereof would have to be applied.

In any event, the Commission, as guardian of the Treaties, will take the necessary steps to ensure that
Community law is complied with in this case.

(2004/C 78 E/0184)

WRITTEN QUESTION E-2849/03

by Stavros Xarchakos (PPE-DE) to the Commission

(26 September 2003)

Subject: Complaints or infringements regarding the implementation of Greece of Community environ-

mental legislation

In reply to my question E-1829/03 (1), Commissioner Wallström obligingly indicated that it was possible to
obtain general statistics concerning complaints and infringements regarding transposition into Greek law
and implementation of Community environmental legislation in Greece. Would the Commission be kind
enough to forward to me the relevant statistics and the matters to which they relate from 1994 to the
present date?

(1) OJ C 33 E, 6.2.2004, p. 175.

Answer given by Mrs Wallström on behalf of the Commission

(10 November 2003)

For technical reasons, the Commission can only provide the Honourable Member with statistics relating to
1995 onwards. Thus, between 1995 and 2002 the Commission registered and investigated 257 dossiers
relating to alleged or established infringements of Community environment law in Greece. These dossiers
were opened on the basis of complaints, petitions and parliamentary questions, and on the Commission’s
own initiative. At 24 September 2003, 98 dossiers relating to alleged or established infringements of
Community environment law in Greece were still open.

The infringement procedure laid down by Article 226 of the Treaty was initiated for 85 of the 257
dossiers. Of these 85 dossiers, 19 concerned air pollution, 18 related to Community waste management
legislation, 13 dealt with nature protection, 11 related to chemicals, ten concerned water protection, five
related to Directive 85/337/EEC (1), as amended by Directive 97/11/EC (2), three concerned genetically
modified organisms and six concerned other areas of Community environment law.

(1) OJ L 175, 5.7.1985.
(2) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of

certain public and private projects on the environment, OJ L 73, 14.3.1997.