91997E2682

WRITTEN QUESTION E-2682/97 by María Sornosa Martínez (GUE/NGL) and Pedro Marset Campos (GUE/NGL) to the Commission (1 September 1997)

Subject: Legal protection of the Marjal del Moro (Valencia)

240 species of bird have been identified in the Marjal del Moro, in Sagunto, Valencia, including some threatened with total extinction, such as the marbled duck (Marmonetta angustisostris) and the ferruginous duck (Aythya nyroca). The presence of bitterns, weaver birds and purple gallinules indicates just how important these wetlands are - all these birds are in danger of becoming extinct in the European Union. Furthermore, the Marjal del Moro is the most important breeding ground in the Valencian Autonomous Community for the cinammon teal (anas cyanoptera) and the whiskered tern (chlidonias hybridus).

This area is classified as a 'Zepa zone' as far as the Community Directive on the protection of wild birds (79/409/EEC) ((OJ L 103, 25.4.1979, p. 1. )) is concerned, but the administration of the Valencian Autonomous Community is continuing to drag its feet over legal protection for the marshes, although the Sagunto Town Council requested that it be declared a nature reserve in 1994.

1. Does the Commission not believe that these valuable wetlands should be made a conservation area by the administration of the Autonomous Community, which has the requisite legal powers?

2. Could the Commission approach the Valencian authorities and ask them to speed up the process of having the area declared to be one which enjoys legal protection?

3. What kind of measures and action could the Commission take to ensure that the Valencian authorities deal with the legal protection of the Marjal?

Answer given by Mrs Bjerregaard on behalf of the Commission (18 September 1997)

1. For sites classified as special protection areas pursuant to Article 4 of Directive 79/409/EEC on the conservation of wild birds Member States are required to prevent the deterioration of the habitats of the bird species for which the sites has been classified as well as to avoid significant disturbance of the birds. It is the responsibility of the Member States to choose the most appropriate legislative, administrative or management measures in order to achieve these objectives. In the case of Marjal del Moro in Sagunto, Valencia, it is the Spanish national and regional conservation authorities which must decide on the necessary measures to be taken.

2. The Commission therefore has no reason, at this stage, to approach the regional Valencian authorities to request them to give a particular protection status to Marjal del Moro under its regional legislation.

3. However, if the Commission is provided with clear evidence that the protection requirement for this special protection area are not being respected it would be in a position to enter into discussions with the national Spanish authorities on the matter.