WRITTEN QUESTION E-0845/04 by Giorgio Celli (Verts/ALE) to the Commission. Construction of a health and wellness centre in the wetland of Es Salobrar — Es Trenc, Mallorca, Balearics.
Date: 2004-03-19
Institutions: European Parliament, Provisional data
Subjects: Balearic Islands, EU financing, countryside conservation, environmental impact, protected area, protection of animal life, tourist infrastructure

C 88 E/234

Official Journal of the European Union

EN

8.4.2004

The requirements now in force for third country use of traditional terms are equivalent to those in force
beforehand for use of the traditional terms of List A in Annex III to Regulation (EC) No 753/2002.

Among these requirements (see Article 1(10) of Regulation (EC) No 316/2004 (2) amending Article 37(1)(e)
of Regulation (EC) No 753/2002) are:

(a)

(b)

(c)

the third country must present a substantiated request to the Commission and provide the justificatory
data for recognition of the traditional term;

the language of the traditional term must be the official language of the third country and the term in
that language must have been used for at least ten years;

if the language of the traditional term is not the official language its use must be provided for in the
country’s legislation;
language must have been used
continuously for at least 25 years;

in such cases the traditional

term in that

(d)

that the term be specific and distinctive and that there is no risk of consumers being misled.

In the case of the Italian traditional terms a number of requirements must therefore be met if they are to
be used in the Community by third countries. Thus for a traditional term such as Brunello or Amarone to
be used, in the first place Italian must be the official language of the third country and the term must have
been used for at least ten years, or Italian must be a second language recognised in the third country’s
legislation and the term must have been used for at least 25 years. Secondly, the term must be specific and
distinctive and not such as to mislead the consumer where the wine is sold in the Community. There must
also be some tradition behind use of the term in the third country.

It should also be borne in mind that the Member States participate in the decision via the Management
Committee for Wine, because any request by a third country must be submitted to the Committee for an
opinion.

(1) Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council
Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine
sector products, OJ L 118, 4.5.2002.

(2) Commission Regulation (EC) No 316/2004 of 20 February 2004 amending Regulation (EC) No 753/2002 laying
down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation,
presentation and protection of certain wine sector products, OJ L 55, 24.2.2004.

(2004/C 88 E/0237)

WRITTEN QUESTION E-0845/04

by Giorgio Celli (Verts/ALE) to the Commission

(19 March 2004)

Subject: Construction of a ‘health and wellness centre’ in the wetland of Es Salobrar (cid:1) Es Trenc, Mallorca,

Balearics

On 22 December 2003 the government of the Balearics approved, by virtue of the law on tax and
administrative measures accompanying the budget, an additional provision allowing the town council of
Campos (Mallorca) to build a ‘health and wellness centre’
in the wetland of Es Salobrar (cid:1) Es Trenc.
The land concerned covers an area of 70 000 square meters. The term ‘health and wellness centre’ actually
refers to the extension of the building land belonging to a former lido in order to build a luxury hotel. The
developer is the German company ‘Dieter Steymachec’.

This will have a serious impact on the environment and the landscape. The wetland is of great
landscapes on the island of Mallorca
environmental value and is one of the most exceptional natural
containing seventeen different types of habitat on an unspoilt stretch of coastline. It is an important
passage area for migratory birds, in particular shore birds, as well as a breeding area for birds such as
black-winged stilts, avocets, Kentish plovers, Marmora’s warblers and stone curlews. The wetland was
declared a special bird protection area (No 198709) and site of Community interest (No 200007) in
accordance with Directive 92/43/EEC (1) on habitats and Directive 79/409/EEC (2) on wild birds.

8.4.2004

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Official Journal of the European Union

C 88 E/235

Is the Commission already aware of this project?

Since it is not a project of priority public interest, how can its construction be allowed in an area proposed
as part of the Natura 2000 network?

What steps will the Commission take to protect the wetland in question and to ensure that the building
project is carried out elsewhere, if necessary?

Can the Commission say whether the project in question is being co-financed by the Community?

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

Answer given by Mrs Wallström on behalf of the Commission

(30 April 2004)

The Commission was not aware of the project referred to by the Honourable Member: construction of a
‘health and wellness centre’
in the south of the island of
in the wetland of Es Salobrar (cid:1) Es Trenc,
Mallorca, which might involve the construction of a luxury hotel in the area.

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 (1).

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 (2).

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.

It should also be pointed out that investments in the health sector are not eligible for co-financing under
the European Regional Development Fund (ERDF) in Objective 2 regions. However, aid for hotel and
tourism enterprises may be assisted under that Fund.

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

(2004/C 88 E/0238)

WRITTEN QUESTION E-0847/04

by Monica Frassoni (Verts/ALE) to the Commission

(19 March 2004)

Subject: Mineral water extraction plant at Padernello di Paese (Treviso)

Knowing that:

(cid:1) the technical committee on the extractive industries of the Veneto Region granted the request from
the company San Benedetto Spa to launch an operation to prospect for a source of mineral water to
be called ‘Padernello’ in the municipality of Paese (Treviso);