WRITTEN QUESTION P-1666/01

by Luigi Cocilovo (PPE-DE) to the Commission

(1 June 2001)

Subject: Failure to comply with Directive 85/337/EEC and Directive 97/11/EEC

In the townships of Conegliano and San Vendemiano, in Treviso Province (Italy), a four-lane highway known as the Tangenziale sud is at an advanced stage of planning. On account of its length and its nature, the highway in question is subject under Italian law to environmental impact assessment pursuant to Annex B of Directive 85/337/EEC(1), as amended by Directive 97/11/EEC(2). Such a project would seriously and irreversibly damage the locality's last remaining area of farmland and the course of the Monticano river, which has already been spoilt by pointless construction projects which have altered the balance thereof without bringing any advantage to the local population (for example, a sports hall which has never been completed). The project is located in proximity to densely populated areas. Although the Monticano river is subject to frequent flooding in the area concerned, hydro-geological studies have never been carried out - not even in connection with the recent town-planning scheme. No alternative to the project has ever been considered, even though the highway in question could be located in proximity to the nearby motorway corridor without pointlessly threatening the natural and urban environment. No thought has ever been given to widening the three-lane motorway so that it can absorb provincial traffic.

What action does the Commission intend to take in order to ensure compliance with Community, national and regional laws on environmental impact assessment (which is the only procedure capable of ensuring that alternatives which have never been considered in the course of road and infrastructure planning are assessed), with a view to protecting human health and improving the quality of human life, conserving variety of species, maintaining a balanced ecosystem and safeguarding the latter's ability to reproduce itself?

(1) OJ L 216, 3.8.1991, p. 40.

(2) OJ L 73, 14.3.1997, p. 15.

Answer given by Mrs Wallström on behalf of the Commission

(10 July 2001)

According to Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1) and 97/11/EC of 3 March 1997, which has modified Directive 85/337/EEC, Member States are obliged to ensure that, before

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 a requirement for development consent and an assessment with regard to their effects. Projects covered by the Directive are identified in the annexes. The Commission has the task of ensuring the correct application of Community law and, therefore, in this case, of assessing whether the Community legislation on environmental impact assessment (EIA) has been correctly applied in the Member State concerned.

On the basis of the information given by the Honourable Member, the work to which the question makes reference, could fall either into Annex I or into Annex II of the directive prior to or after the amendments.

Under Directive 85/337/EEC, prior to or after the amendments, projects of the classes listed in Annex I are to be made subject to an assessment in accordance with Articles 5 to 10.

Under Directive 85/337/EEC prior to the amendments, projects falling into Annex II are to be made subject to an EIA where Member States consider that their characteristics so require. However, Member States are considered to be obliged to make a pre-assessment in order to establish whether Annex II projects need to be made subject to an EIA procedure.

Under Directive 85/337/EEC, as modified, for Annex II projects, Member States are obliged to determine through a case-by-case examination or thresholds or by the setting of criteria whether the project shall be made subject to an assessment in accordance with Articles 5 to 10.

In order to identify the correct Community law to be applied, it is necessary to check when the request for development consent was submitted to the competent authority: projects whose requests for development consent were submitted to a competent authority before 14 March 1999 are governed by the provisions of Directive 85/337/EEC (prior to its 1997 amendment).

Not being aware of the situation described by the Honourable Member, the Commission will take the appropriate steps in order to gather detailed information about it and to ensure the observance of Community law.

(1) OJ L 175, 5.7.1985.