WRITTEN QUESTION E-2853/03 by Richard Corbett (PSE) to the Commission. Port Services Directive: attacks on Parliament by Commission official.
Date: 2003-09-26
Institutions: European Parliament, Provisional data
Subjects: European Commission, European Parliament, European official, International Maritime Organisation, common ports policy, liberalisation of the market, market access, political behaviour

27.3.2004

EN

Official Journal of the European Union

C 78 E/439

whether a project is to be made subject to an environmental impact assessment procedure. Based on the
information given by the Honourable Member, the Commission considers that the work to which the
question refers could come under Annex II to Directive 85/337/EEC as amended and, therefore, that it
should be made subject to the determination under Article 4(2) of Directive 85/337/EEC as amended.

Under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats
and of wild fauna (1) ‘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.’ All authorities of the Member States, at national, regional or local level, have
the obligation to apply the abovementioned provision to Sites of Community Importance (SCI) under
Council Directive 92/43/EEC and Special Protection Areas (SPA) under Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds (2). In addition, as from 10 June 1998, even in the absence
of a list of SCIs, Member States are also obliged to apply it to all the sites which, on the basis of the
scientific criteria set out in Directive 92/43/EEC for their selection, deserve to be included on the list of
SCIs, and especially as regards sites which contain priority habitat or species. Should the project mentioned
by the Honourable Member be likely to have significant effects on the pSCI IT4030009 ‘Gessi triassici’, it
should be made subject to the appropriate assessment under Article 6(3) of Directive 92/43/EEC.

The Commission has registered a complaint on the issues raised by the Honourable Member. The
information given by the Honourable Member has been added to the complaint file, which is under
assessment by the Commission.

Should the Commission conclude that Community law is being breached in the case in question, it would
not hesitate, as the Guardian of the EC Treaty, to take all necessary measures, including infringement
proceedings under Article 226 of the EC Treaty,
in order to ensure the observance of the relevant
Community law.

Having checked with the Emilia Romagna Region, the Commission can inform the Honourable Member
that the route in the ‘Gessi Triassici’ area (Municipality of Villa Minozzo, Province of Reggio Emilia, Italy)
has not received aid from the European Regional Development Fund (ERDF) under the current Objective 2
SPD. Nor are such interventions covered by that Programme.

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

(2004/C 78 E/0460)

WRITTEN QUESTION E-2853/03

by Richard Corbett (PSE) to the Commission

(26 September 2003)

Subject: Port Services Directive: attacks on Parliament by Commission official

Is it true that a Commission civil servant, Wolfgang Elsner, speaking at the International Maritime
Organisation Congress in Barcelona, attacked the European Parliament decision to exclude pilotage services
from the Port Services Directive, describing Parliament as ‘anti-business’?

Did the Commission authorise one of its civil servants to make such a political attack and, if not, what will
it do to prevent a re-occurrence of such incidents?

Answer given by Mrs de Palacio on behalf of the Commission

(28 October 2003)

The Honourable Member can be assured that the Commission official he mentioned did not make such
comments at the Barcelona International Maritime Organisation Conference.