(2004/C 78 E/0852)

WRITTEN QUESTION E-3338/03

by Roberta Angelilli (UEN) to the Commission

(12 November 2003)

Subject:   Environmental protection for the Peschiera springs

A few months ago the municipality of Cittaducale in the province of Rieti drew up a preliminary contract of sale, to be completed before the end of the year, for the transfer of 32 hectares of land to the Italian company ACEA S.p.A.

This piece of land in the mountains contains one of the oldest mineral water springs in the country and an ancient cedar wood. However, the municipal administration has undertaken to turn the existing wood into an area of high forest, without taking account of the characteristics of the terrain and the hydrogeological impact, which might undermine the stability of the mountainside.

Furthermore, it is unclear what use the buyer will make of the water resource, which is one of the most important in the whole Rieti area.

However, the Community institutions have for many years been committed to safeguarding and conserving the environment, as is shown by the Council's common position of 13 June 2003 with a view to the adoption of a framework regulation called ‘Forest Focus’.

In view of all this, can the Commission say:

Answer given by Mrs Wallström on behalf of the Commission

(23 December 2003)

Based on the environmental chapter of the EC Treaty, the Union has adopted comprehensive legislation in the field of water resources protection, nature protection and environmental impact assessment.

Water resources protection: the Water Framework Directive (1) of 2000 establishes a protection of all waters, rivers, lakes, coastal waters and groundwater, with a legally binding obligation to achieve/maintain good status for all waters and to prohibit any deterioration of water status.

With a view to the aquifer addressed by the Honourable Member, it is important that groundwater status is defined in terms of chemical purity and of quantity. Measures of whatever nature leading to over-abstraction or to a lowering of the groundwater table are, as a rule not permitted.

Nature protection: the Peschiera springs at Cittaducale are subject to specific protection under the Habitats Directive (2): they are included in a site proposed by Italy as a site of Community importance (3). The site is, therefore, subject to the provisions of the Directive, in particular Article 6(2): the Member State has to take appropriate steps to avoid the deterioration of natural habitats and the habitats of the species for which the site has been proposed, in so far as such disturbance could be significant in relation to the objectives of the Directive. Approval of projects or plans that might have a significant impact on the site must follow the procedure set out in Article 6(3) and (4).

Environmental impact assessment: projects likely to have significant effects on the environment by virtue, ‘inter alia’, of their nature, size or location, are subject to an impact assessment under the Environmental Impact Assessment Directive (4) before development consent is given. The Directive provides for a list of projects where Member States have to determine — either through a case by case examination or according to thresholds or criteria — whether the project is likely to have significant effects on the environment. The relevant list (5) of projects contains, ‘inter alia’, certain afforestation measures ‘initial afforestation for the purposes of conversion to another type of land use’. Further information would be required on the intentions of the municipal administration to finally assess whether those measures fall within the scope of the Directive.

Forest Focus: the proposal for a Parliament and Council Regulation (6) concerning monitoring of forests in the Community (Forest Focus) aims at contributing to the protection of forests by means of monitoring and preventive measures against forest fires. It is therefore not applicable in this case.

Funding of measures to protect water resources: the Treaty stipulates that Member States shall finance the environment policy. However, a range of Community funding measures, such as Structural and Regional Policy, Common Agricultural Policy and the LIFE Financial Instrument, may contribute to financing water resources protection.

(1)  Directive 2000/60/EEC of the Parliament and of the Council of 23 October 2000, OJ L 327, 22.12.2000.

(2)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.

(3)  Site IT6020012, ‘Piana di S. Vittorino — Sorgenti del Peschiera’.

(4)  Council Directive 85/337/EEC of 27 June 1985, OJ L 175, 5.7.1985, as amended by Council Directive 97/11/EC of 3 March 1997, on the assessment of the effects of certain public and private projects on the environment, OJ L 73, 14.3.1997.

(5)  Annex II of Directive 85/337/EEC as amended by Council Directive 97/11/EC.

(6)  Due to recent votes by Parliament and Council, legislative coordinates not yet available, OJ C 20 E, 28.1.2003.