# CE2004078EN.01080401.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/804 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/804

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(2004/C 78 E/0853)

WRITTEN QUESTION E-3346/03

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

(13 November 2003)

Subject:   Amendments to the Majorca highway-planning programme

Subject:

The current Majorca regional government (Conseil de Mallorca) has decided to amend the island's highway-planning programme (the Plan Director Sectorial de Carreteras) so as to incorporate into it a trunk road to be built between Inca and Manacor, two motorways (linking Inca with Sa Pobla and Llucmajor respectively), the addition of a third lane to the Palma-Inca motorway and the construction of a second ringroad around Palma. These amendments appear in Issue 141 of the Balearic Islands' Official Journal, which was published on 11 October 2003.

The amendments are not accompanied by any arrangements for the performance of proper environmental-impact assessment, even though the programme will undoubtedly have a major impact (including the destruction of an extensive rural area) in social, economic, environmental and land-use terms.

Is the Commission aware of the programme in question and of the amendments approved by the Majorca regional government, despite the fact that no suitable environmental-assessment plan has been drawn up?

What action — if any — is the Commission intending to take?

Does the Commission consider that the amendments to the programme constitute a direct attack on Articles 2 and 6 of the Nice Treaty?

Answer given by Mrs Wallström on behalf of the Commission

(9 January 2004)

(9 January 2004)

The Honourable Member refers to a modification of an existing highway-planning programme.

Council Directive 85/337/EEC of 27 June 1985 (EIA Directive) (1) as amended by Council Directive 97/11/EC of 3 March 1997 (2) deals with the environmental assessment of certain public and private projects. It provides that Member States must ensure that, before development consent is given, projects likely to have significant effects on the environment by virtue, ‘inter alia’, of their nature, size or location are made subject to an assessment of the environmental effects. These projects are defined in Article 4 that refers to Annex I and II of the Directive. The construction of motorways falls under Annex I point 7(b) for which a mandatory EIA has to be carried out. For other projects, such as modification of an existing motorway, Annex II applies. In this case, the Spanish authorities have to determine, either through a case by case examination or according to thresholds or criteria, whether the project is to be made subject to an assessment because of its likely significant effects on the environment taking into account the relevant selection criteria set out in Annex III of the Directive.

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At present, there is no provision in Community law which requires Member States to carry out a strategic environmental assessment (SEA) of their draft plans or programmes, or of proposed modifications. The position will change on 21 July 2004, the date by which Member States must complete their transposition of Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, the so-called SEA Directive (3). Thereafter, Member States will have to carry out an environmental assessment of plans and programmes which meet the definition in the Directive. In some circumstances, plans or programmes begun before 21 July 2004 but not adopted until after 21 July 2006 might also require assessment.

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On the basis of the information provided by the Honourable Member, the Commission has no reason to assume, at this stage, that Community legislation is not being correctly applied.

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(1)  OJ L 175, 5.7.1985.

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(2)  OJ L 73, 14.3.1997.

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(3)  OJ L 197, 21.7.2001.

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