92000E1340

WRITTEN QUESTION E-1340/00

by Alexander de Roo (Verts/ALE) to the Commission

(4 May 2000)

Subject: Habitat protection on Malta

Is the Commission aware that there are plans to convert a large area of agricultural land on Malta beneath the Verdala Hotel into a golf course?

Is the Commission aware that three species of reptile (Chalcides ocellatus, Elaphe situla and Coluber viridiflavus) and one species of amphibian (Discoglossus pictus), which are found on this agricultural land should be protected according to the EU Habitat Directive?

Is the Commission prepared to ask the Maltese authorities to give full information on the location and frequency of the different species covered by of the EU Habitat Directive and found on Malta?

Is the Commission prepared to investigate whether specific Maltese species (such as Podarcis filfolensis maltensis) should be added to the existing habitat list in order to secure their protection?

Is the Commission of the opinion that habitat areas should be designated by the Maltese authorities as soon as possible so that all these species will enjoy full protection from day one of Malta's accession to the EU?

Answer given by Mr Verheugen on behalf of the Commission

(19 June 2000)

The Commission does not have the details of the Maltese project concerning the conversion of agricultural land into a golf course.

The three species of reptiles and one of the species of amphibia mentioned as being spotted on the agricultural land beneath the Verdala Hotel are in fact listed in the annexes of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1) (Habitats Directive). As the species Elaphe situla is listed in Annex II of the Habitats Directive, the Maltese authorities are obliged to propose sites of Community importance and, subsequently, to designate special areas of conservation (i.e. Natura 2000 sites) for this species upon accession to the Union. The other three species are mentioned in Annex IV of the Habitats Directive. They are therefore subject to species protection requirements upon accession, according to Article 12 of the Habitats Directive.

With regard to candidate countries' sites protection policies before accession (including Malta's), they are all subject to the principle, laid down in Agenda 2000, which states that all new investments should comply with the acquis. This principle has been included in the Union negotiating position on the opening of the environment chapter with the six Luxembourg countries, endorsed by the Council on 7th December 1999.

This implies that the project of a golf course mentioned above, should be submitted to an environmental impact assessment (EIA) procedure similar to that established in Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(2) as amended by 97/11/EC of 3 March 1997(3). As this kind of project is covered by Annex II of the Directive, it is up to the authorities in Malta to decide whether a formal EIA is needed, by the screening procedure established in Article 4. The Maltese authorities should also take into account the protection requirement procedures established in the Habitats Directive fully, especially those in Article 6 of the Directive, which concern sites that qualify for Natura 2000. It is the responsibility of the Maltese environmental authorities to make such appraisal.

In the framework of the pre-accession process, the Commission regularly asks Malta for information about its progress in the various fields of the aquis. As far as nature protection is concerned, the Commission is aware that Malta is currently conducting inventories on habitats. In order to prepare the Natura 2000 network, it has already collected substantial data on the location and frequency of the different species listed in the annexes of the Habitats Directive. By accession, Malta will have to provide a list of sites proposed under the Habitats Directive and designated under Council Directive 79/409/EEC of 2 April 1979 on the conservaiton of wild birds(4), the Birds Directive. For all these sites, Malta will have to provide detailed biological data (including location and relevant population data on all species of Community importance) using the Natura 2000 Standard Data Form.

The Commission has already asked the Maltese authorities to propose species and habitats (supported by scientific information) that they would like to include in the annexes of the Habitats and Birds Directives. Such proposals will be evaluated and discussed together with Member States.

(1) OJ L 206, 22.7.1992.

(2) OJ L 175, 5.7.1985.

(3) OJ L 73, 14.3.1997.

(4) OJ L 103, 25.4.1979.