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2002 EN Official Journal of the European Communities C 147 E/101

this sense and cannot be construed so as to argue that the conduct of those who have acted in the
interest of preserving or restoring these democratic values, as was notably the case in some Member
States during the Second World War, could now be considered as ‘terrorist’ acts. Nor can it be
construed so as to incriminate on terrorist grounds persons exercising their fundamental right to
manifest their opinions, even if in the course of the exercise of such right they commit offences.

It is also clear that lawful organisations are not affected by this instrument, even if one of its members
commits a terrorist offence (question 5).

The Honourable Member is also invited to consult the text agreed at the JHA Council on 6-7 December
2001 from which it will be seen that many of his concerns have been addressed.

(2002/C 147 E/105) WRITTEN QUESTION E-3116/01

by Giovanni Pittella (PSE) to the Commission

(13 November 2001)

Subject: Environmental situation in Marianna di Pietrabianca (Province of Catanzaro), Italy

There is good reason to believe that, in Marianna di Pietrabanca (Catanzaro, Italy), hundreds of railway
sleepers are buried underground, less than thirty metres from the water’s edge. These sleepers have
apparently been transported there by the Mollo company in relation to building work for a bathing
establishment. The Ministry of the Environment classifies such sleepers as ‘special waste’. Over the years,
bathing establishments with fixed booths made of concrete and other concrete constructions have been
built on the Santa Maria cliffs, in blatant contravention of the ministerial decree of 26 March 1970
(designating the Bonifati coastline as an area of special public interest). In the winter of 2000 a large
portion of these cliffs collapsed into the sea. Along the Bonifati coastline, many of the paths giving access
to the sea are permanently closed to walkers, in contravention of the relevant state laws.

What measures does the Commission intend to take to ensure that the area is rehabilitated and that any
prohibitions which are considered illegal are removed?

Answer given by Mrs Wallström on behalf of the Commission

(7 January 2002)

The Commission’s powers are limited to those conferred on it by the EC Treaty, in particular, it is
responsible for ensuring that Community law is properly applied within all Member States. On the basis of
Article 211 (ex Article 155) of the EC Treaty, ‘in order to ensure the proper functioning and development
of the common market, the Commission shall ensure that the provisions of this Treaty and the measures
taken by the institutions pursuant thereto are applied’.

On the basis of Article 226 (ex Article 169) of the EC Treaty, ‘if the Commission considers that a Member
State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter
after giving the State concerned the opportunity to submit its observations. If the State concerned does not
comply with the opinion within the period laid down by the Commission, the latter may bring the matter
before the Court of Justice.’

On the basis of the information given by the Honourable Member, due to a lack of grounds of complaint
on the application of Community law, no clear breach of Community directives can be identified at
present. Should the Honourable Member provide detailed information enabling the Commission to assess
the issues in relation to applicable Community environmental law, the Commission would be able to start
an investigation on the case.