# CE2004078EN.01045501.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/455 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/455

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(2004/C 78 E/0482)

WRITTEN QUESTION P-3037/03

by Hiltrud Breyer (Verts/ALE) to the Commission

(8 October 2003)

Subject:   Breach of EU environmental legislation in the expansion of Frankfurt airport

Subject:

Plans for the expansion of Frankfurt airport clearly contravene EU legislation on the environment in several respects. In particular, the risk of accident posed by a plane crashing onto the Ticona chemical factory is extremely serious.

| 1. | Does the Commission share the view that the EU Seveso II Directive must be applied in connection with plans for the north-west runway, given the close proximity of potentially hazardous sites (e.g. Ticona)? |
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1.

Does the Commission share the view that the EU Seveso II Directive must be applied in connection with plans for the north-west runway, given the close proximity of potentially hazardous sites (e.g. Ticona)?

| 2. | Does the Commission agree that the EIA Directive must be complied with in the planning phase? |
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2.

Does the Commission agree that the EIA Directive must be complied with in the planning phase?

| 3. | Does the Commission share the view that the EU Environmental Information, FFH and Birds Directives must be complied with in the procedure? |
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3.

Does the Commission share the view that the EU Environmental Information, FFH and Birds Directives must be complied with in the procedure?

| 4. | Does the Commission share the view that misleading studies are not suitable for assessing the accident risk posed by a plane crashing onto a chemical factory? |
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4.

Does the Commission share the view that misleading studies are not suitable for assessing the accident risk posed by a plane crashing onto a chemical factory?

| 5. | What steps will the Commission take to ensure that EU legislation is complied with in connection with the plans for the expansion of Frankfurt airport? |
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5.

What steps will the Commission take to ensure that EU legislation is complied with in connection with the plans for the expansion of Frankfurt airport?

Answer given by Mrs Wallström on behalf of the Commission

(20 November 2003)

(20 November 2003)

| 1. | According to Article 12 of the Seveso II — Directive, Member States shall ensure that the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account in their land-use policies. They shall pursue those objectives, amongst others, through controls on new developments such as transport links in the vicinity of existing establishments, where the siting or developments are such as to increase the risk or consequences of a major accident.
  The company Technical Polymers Ticona', situated at one end of the planned runway, is a Seveso top-tier establishment. Therefore, the Commission shares the view that the Seveso II -Directive, and in particular Article 12, must be respected in connection with the extension of Frankfurt Airport.
  Moreover, as Frankfurt Airport itself is a Seveso top-tier establishment, in addition to the requirements relating to land-use planning, possible ‘domino effects’ between Ticona and Frankfurt Airport have to be examined. |
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1.

According to Article 12 of the Seveso II — Directive, Member States shall ensure that the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account in their land-use policies. They shall pursue those objectives, amongst others, through controls on new developments such as transport links in the vicinity of existing establishments, where the siting or developments are such as to increase the risk or consequences of a major accident.

The company Technical Polymers Ticona', situated at one end of the planned runway, is a Seveso top-tier establishment. Therefore, the Commission shares the view that the Seveso II -Directive, and in particular Article 12, must be respected in connection with the extension of Frankfurt Airport.

Moreover, as Frankfurt Airport itself is a Seveso top-tier establishment, in addition to the requirements relating to land-use planning, possible ‘domino effects’ between Ticona and Frankfurt Airport have to be examined.

| 2. | According to Article 4(2) and Annexes I No 13 and II No 7(a) of the amended EIA-Directive, the extension of airports with a runway length of 2 100 metre (m) or more has to be made subject to an environmental impact assessment (EIA), if the Member States so decide on the basis of an individual assessment or according to national criteria and thresholds. The decision has to be taken in accordance with the criteria laid down in Annex III of the EIA-Directive. However, according to Articles 1 and 4, the EIA-Directive applies only to ‘projects’ and not to ‘plans’. The Commission has, therefore, taken the view that the Directive is only applicable in the permit procedure, not during earlier planning phases of a project. |
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2.

According to Article 4(2) and Annexes I No 13 and II No 7(a) of the amended EIA-Directive, the extension of airports with a runway length of 2 100 metre (m) or more has to be made subject to an environmental impact assessment (EIA), if the Member States so decide on the basis of an individual assessment or according to national criteria and thresholds. The decision has to be taken in accordance with the criteria laid down in Annex III of the EIA-Directive. However, according to Articles 1 and 4, the EIA-Directive applies only to ‘projects’ and not to ‘plans’. The Commission has, therefore, taken the view that the Directive is only applicable in the permit procedure, not during earlier planning phases of a project.

| 3. | The Commission has not received any information as to the possible relevance of Council Directive 90/313/EEC of 7 June 1990, on the freedom of access to information on the environment (1). The information by the complainants regarding possible violations of the Birds and the Habitats Directives is currently being assessed. The assessment has not yet been completed. |
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3.

The Commission has not received any information as to the possible relevance of Council Directive 90/313/EEC of 7 June 1990, on the freedom of access to information on the environment (1). The information by the complainants regarding possible violations of the Birds and the Habitats Directives is currently being assessed. The assessment has not yet been completed.

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| 4. | According to Article 12 of the Seveso II Directive, Member States shall ensure that all competent authorities and planning authorities, responsible for land-use planning decisions, set up appropriate consultation procedures. These procedures shall be designed to ensure that technical advice, on the risks arising from the establishment, is available, either on a case-by-case or on a generic basis, when decisions are taken. It goes without saying that misleading studies are never suitable for an assessment of accidental risks. |
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4.

According to Article 12 of the Seveso II Directive, Member States shall ensure that all competent authorities and planning authorities, responsible for land-use planning decisions, set up appropriate consultation procedures. These procedures shall be designed to ensure that technical advice, on the risks arising from the establishment, is available, either on a case-by-case or on a generic basis, when decisions are taken. It goes without saying that misleading studies are never suitable for an assessment of accidental risks.

| 5. | Should the Commission find that Community legislation is being violated, appropriate steps will be taken, e.g. the opening of infringement proceedings against Germany. |
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5.

Should the Commission find that Community legislation is being violated, appropriate steps will be taken, e.g. the opening of infringement proceedings against Germany.

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(1)  OJ L 158, 23.6.1990.

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