WRITTEN QUESTION E-3157/03 by Monica Frassoni (Verts/ALE) to the Commission. Enlargement of a military base in the Natura 2000 site of La Maddalena, Sardinia.
Date: 2003-10-24
Institutions: European Parliament, Provisional data
Subjects: Sardinia, archipelago, environmental impact, environmental protection, military base, project evaluation, protected area

C 78 E/478

Official Journal of the European Union

EN

27.3.2004

Answer given by Mrs Wallström on behalf of the Commission

(1 December 2003)

The Honourable Member has expressed her concern regarding the effects of an urban and tourist
development project in the Renegà Range, within the Site of Community Importance ES5223037 (‘Costa
d’Orpesa-Benicàssim’), proposed by the Spanish authorities in view of the constitution of the Natura 2000
Network.

According to Article 6.3 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora, any plan or project not directly connected with or necessary to the
management of a Natura 2000 Site but likely to have a significant effect thereon, shall be subject to
appropriate assessment of its implications for the site in view of the site’s conservation objectives. If the
conclusions of this assessment reveal themselves to be negative, the authorities shall agree to the project
only under certain conditions: absence of alternative solutions, presence of an overriding public interest in
carrying out the project and the adoption of all compensatory measures necessary to ensure that the
overall coherence of Natura 2000 is protected.

The Commission has made representations to the Spanish authorities in order to ensure that
conditions of Article 6.3 of Council Directive 92/43/EEC are respected in the case of matter.

the

As for the enlargement of the proposed SCI suggested by the Honourable Member, only two of the three
types of habitats of Community importance mentioned by the Honourable Member are, according to the
Natura 2000 data base, represented in the Site ES5223037:

(cid:1) Habitat type 6220 *: Pseudo-steppe with grasses and annuals of the Thero-Brachypodietea;

(cid:1) Habitat type 5330: Thermo-Mediterranean and pre-desert scrub.

Within the framework of the analysis of the Spanish proposal of sites of Community importance for the
Mediterranean region it has been assessed that habitat type 6110 * has been considered as sufficiently
represented and no further sites need to be proposed. For habitat types 6220 and 5330 they were assessed
as sufficient subject to correction of data.

Therefore, the Commission considers that the Spanish proposal for these types of habitats is sufficient and
no further sites need to be proposed by the authorities although some corrections in the Natura Standard
form need to be carried out.

(2004/C 78 E/0501)

WRITTEN QUESTION E-3157/03

by Monica Frassoni (Verts/ALE) to the Commission

(24 October 2003)

Subject: Enlargement of a military base in the Natura 2000 site of La Maddalena, Sardinia

On 30 September 2003, the Italian Defence Minister authorised the enlargement of the US military nuclear
submarine base (project USA No 080-02) in the Sardinian archipelago of La Maddalena, which is on the
list of sites of Community importance (code ITB000008, surface area 13 240 ha).

Under the project buildings covering 52 000 m2 will be constructed, as will a new 180-metre dock at
Santo Stefano that will consist of an underwater structure 100 metres long and 10 metres wide to which
more naval vessels could be moored. There are also plans for a number of other construction works
(residential centres, service buildings, sports centres and warehouses) at other sites on La Maddalena island.

27.3.2004

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Official Journal of the European Union

C 78 E/479

The existing base for which enlargement authorisation was requested is located within the La Maddalena
National Park, but neither the environmental implications assessment under the Habitats Directive 92/43/
EEC (1) nor the environmental impact assessment under Directive 97/11/EC (2) have been carried out.

The base in question is not part of Italy’s national defence system and its enlargement is not therefore a
work in the public interest.

Is the Commission aware of this situation?

Will it take the appropriate measures in response to this non-application of Directives 97/11/EC, 85/337/
EEC (3) and 92/43/EEC?

(1) OJ L 206, 22.7.1992, p. 7.
(2) OJ L 73, 14.3.1997, p. 5.
(3) OJ L 175, 5.7.1985, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(10 December 2003)

According to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain
public and private projects on the environment, after amendments by Council Directive 97/11/EC of
3 March 1997, Member States are obliged to ensure that, before consent is given, projects likely to have
significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject
to a requirement for development consent and an assessment with regard to their effects. Projects covered
by the Directive are identified in the Annexes to the Directive.

The project
for the enlargement of a military base at La Maddalena, Sardinia, mentioned by the
Honourable Member, does not fall in any of the categories of the Annexes to the Directive. Therefore,
Directive 85/337/EEC as amended cannot apply to this specific case.

Article 6, paragraph 3 of Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and
of wild fauna and flora, provides that ‘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.’ The above-mentioned provision applies to SAC (Special Areas of
Conservation) and to SCI (Sites of Community Importance) under Directive 92/43/EEC. As regards pSCI
(proposed Sites of Community Importance), Member States have an obligation to act in a way that does
not jeopardise the objectives of the Directive and ensure, therefore, that measures are taken to prevent the
deterioration of proposed sites. In particular, as from 10 June 1998, the authorities of a Member State
have an obligation in relation to all the sites which deserve, on the basis of the scientific criteria set out in
Directive 92/43/EEC for their selection, to be included in the list of the SCI, and especially as regards sites
which contain priority habitat or species, to apply the principles laid down in Article 6 (paragraphs 2, 3
and 4) so as to avoid the deterioration of natural habitats and the habitats of species as well as disturbance
of the species and to ensure that any plan or project not directly connected with or necessary to the
management of the site but likely to have a significant effect thereon is made subject to appropriate
assessment of its implications for the site.

Should the project mentioned by the Honourable Member be likely to have significant effects on the pSCI
ITB010008 Arcipelago La Maddalena, the Italian authorities should have complied with the above-
mentioned obligations under Directive 92/43/EEC.

As the Commission is not aware of the specific situation described by the Honourable Member, it will take
the appropriate steps to obtain detailed information and to ensure, within the limits conferred on it by the
EC Treaty, compliance with Community law.

it will not hesitate, as the guardian of the EC Treaty, to take all necessary measures,

Should the Commission come to the conclusion that Community law is being breached in this specific
case,
including
infringement procedures under Article 226 of the EC Treaty, in order to ensure compliance with relevant
Community law.