WRITTEN QUESTION E-0188/03

by Luciana Sbarbati (ELDR) to the Commission

(31 January 2003)

Subject: Construction of tourist villages on the coast to the south of Syracuse

Two tourist villages, with a capacity of 1 550 and 1 200, are planned in the Asparano and Ognina areas of the province of Syracuse in Italy.

In its 1999 decision in Case C-435/97, the Court of Justice ruled that Member States do not have the power either to exclude or to exempt from the environmental impact assessment procedure projects likely to have significant effects on the environment by virtue of their nature, size or location.

With regard to Directives 85/33/EEC(1) and 97/11/EC(2) concerning the assessment of the effects of certain public and private projects on the environment, 92/43/EEC(3) on the conservation of natural and semi-natural habitats, and of wild flora and fauna, and 79/409/EC(4) on the conservation of wild birds, can the Commission answer the following questions:

- Do these projects enjoy part-financing from the Structural Funds?

- Will the environmental impact procedure be applied to the whole project and will account be taken of the damage caused by the completed works?

- If the Commission establishes non-compliance with the obligations laid down by Community law, can it ensure that the necessary measures are taken to restore the sites?

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

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

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

(4) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(11 March 2003)

The Commission has the task of ensuring the correct application of Community law, in the light of the powers conferred on it by the EC Treaty. As the guardian of the EC Treaty, it does not hesitate to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of Community law.

Under 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, 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. Projects listed in Annex I are made subject to an environmental impact assessment (EIA) procedure. For projects listed in Annex II, Member States are obliged to determine through a case-by-case examination or by setting criteria or thresholds whether a project is to be made subject to an EIA procedure.

Based on the information given by the Honourable Member, the work to which the question refers could fall within the scope of Annex II of Directive 85/337/EEC as amended, in particular project categories 12c. In the light of the above, the Italian authorities should determine through a case-by-case examination or by applying thresholds or criteria set by the Italian legislation, whether the project is to be made subject to an environmental impact assessment procedure.

The EIA legislation of the Region of Sicily (Presidential Decree of 14 November 2000), provides that projects for hotel complexes for more than 300 beds are made the subject of an examination in order to determine whether they have to be made the subject of an EIA procedure. It appears that, under this provision, in line with the Directive, the projects mentioned by the Honourable Member will be examined in order to determine whether they have to be made the subject of an EIA procedure. When the internal law complies with Community law and no evidence is given to presume that it is going to be breached, the Commission considers that there are no grounds for intervention.

Council Directives 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and 79/409/EEC of 2 April 1979, on the conservation of wild birds, are relevant only where projects are likely to affect a site proposed or designated under these Directives, which does not appear to be the case on the basis of the information provided by the Honourable Member. In the light of the above, given the lack of specific grounds for the complaint on the application of Community law in this specific case, no breach of it can be identified at present.

Expenditure for the construction of tourist villages is not eligible for support from the Structural Funds.