# CE2004084EN.01089201.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/892 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/892

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(2004/C 84 E/0986)

WRITTEN QUESTION P-0843/04

by Luigi Vinci (GUE/NGL) to the Commission

(9 March 2004)

Subject:   Approval by the Friuli-Venezia Giulia region of the Ronchi south-Trieste high-speed rail link as part of Corridor 5

Subject:

On 9 February 2004 the Commission answered the Written Question of 5 December 2003 (Written Question E-3873/03 (1)) asking whether the preliminary projects for the construction of a third motorway link (Quarto d'Altino-Sistiana) and the high-speed rail link between Ronchi South and Trieste complied with Directives 85/337/EEC (2), 97/ll/EC (3) and 90/313/EEC (4), and with the Habitat directive 92/43/EEC (5) and Directive 2001/42/EC (6) on the assessment of the effects of certain plans and programmes on the environment.

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The Commission's answer stated that, since no authorisations have been issued by the Friuli-Venezia Giulia region concerning the abovementioned projects, no breaches of the directives had been committed.

In its Decision No 3949 of 5 December 2004, the Friuli-Venezia Giulia region approved the preliminary project for the Ronchi-Trieste section of the new high-speed rail link between Venice and Trieste, thereby authorising the location for the works, despite the unfavourable opinions of all local authorities consulted, which were included in the decision (8 authorities plus 3 whose opinions were submitted after the deadline).

Hundreds of people have expressed their opposition to the high-speed rail link, including the criticisms of the environmental impact study and the planned new rail infrastructure contained in the studies submitted on 16 June 2003 by the Lega Ambiente, LIPU, WWF of Monfalcone, Legal Ambiente of Trieste, and WWF and Italian Nostra of Trieste, as well as the study by Ambienteltalia of May 2003 which was drawn up at the behest of various local authorities, including the municipality of Ronchi dei Legionari.

On 11 June 2003, despite the patent lack of information in the preliminary project for the rail link, the company Acegas, which is responsible for the water supply for Trieste, drew the attention of all local authorities to the fact that the project would pose a threat to water supply sources for Trieste and Monfalcone.

Will the Commission say whether it considers that the procedures provided for in Italy by Law 443 of 21 December 2001 and Legislative Decree 190/2002 on the selection and assessment of infrastructure works fully comply with the directives on the environment and the provision of adequate public information referred to above and whether it believes that the authorisation for the location of the work on the Ronchi south-Trieste rail link contained in Decision No 3949 of 5 December 2003 is in breach of the abovementioned Community provisions?

Answer given by Mrs Wallström on behalf of the Commission

(13 April 2004)

(13 April 2004)

Directive 85/337/EEC, as amended (7), aims at ensuring that decisions to grant development consent are issued after having assessed the likely impact of the projects on the environment and after having given the public concerned (which is to be defined by the competent authorities of the Member States) the possibility to present observations. The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 of the Directive must be taken into consideration in the development consent procedure.

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Moreover, the Directive does not imply that projects in relation to which negative opinions by consulted stakeholders, including local authorities, are expressed, and even in relation to which the environmental impact assessment has been ascertained to be significant, cannot be authorized. It only aims at making the competent authorities aware of the environmental implications of the projects which are submitted for consent. It is for them to decide whether or not to grant the consent, provided that the results of the consultations and the information gathered during the procedure are taken into consideration.

According to Article 1 (2), ‘development consent’ means: ‘the decision of the competent authority or authorities which entitles the developer to proceed with the project’. In the specific case mentioned by the Honourable Member it does not appear, from the information supplied, that the favourable opinion granted by the Friuli Venezia Giulia Region on 5 December 2003 by deliberation No 3949 to a preliminary project represents a ‘development consent’ in the sense of the Directive. Therefore, it may be presumed that the procedure has not yet been concluded.

As regards Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (8), analogous considerations apply: to the extent that development consent to the project has not yet been issued, it is not possible to identify, at this stage, a violation of the provisions of this Directive.

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Furthermore, the fact that negative opinions have been expressed by consulted stakeholders in relation to the preliminary high-speed train project Venezia-Trieste, section Ronchi-Trieste, is not, per se, an element contrary to Directive 85/337/EEC nor an obstacle for granting development consent, provided that the requirements laid down in this Directive are complied with. The information provided by the Honourable Member is not sufficient to deduce, in this specific case, that any of the requirements imposed by the above mentioned Directives have not been complied with. The Commission remains, however, open to consider any possible further information provided by the Honourable Member on this specific case.

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(1)  OJ C 78 E, 27.3.2004, p. 867.

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(2)  OJ L 175, 5.7.1985, p. 40.

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(3)  OJ L 73, 14.3.1997, p. 5.

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(4)  OJ L 158, 23.6.1990, p. 56.

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(5)  OJ L 206, 22.7.1992, p. 7.

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(6)  OJ L 197, 21.7.2001, p. 30.

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(7)  Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11/EC of 3 March 1997.

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(8)  OJ L 206, 22.7.1992.

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