WRITTEN QUESTION E-0451/98 by Carlo Ripa di Meana (GUE/NGL) to the Commission (27 February 1998)

Subject: Private residences in the Tor Marancia area

Rome city council decision 207/97 provides for an 'agreement' on the construction of private residences (2 million cubic metres covering 220 hectares) in the Tor Marancia area adjacent to the Appia Antica regional park.

Because of the considerable natural and archaeological value of the area the Latium region has included about half of the Tor Marancia territory (106 hectares) in the protected natural area known as the Appia Antica regional park in Regional Law 29/97.

The local government has never carried out the requisite assessment of environmental compatibility unanimously adopted by Rome city council (agenda 15/95) which requires the Mayor and city council to wait for the outcome of environmental compatibility studies before taking any decision on the feasibility and scale of the project.

The measures covered by the Tor Marancia building agreement (development of urban areas involving more than 40 hectares) are of the type referred to in Annex B, 7b of the Presidential decree of 12 April 1996 on guidelines for and coordination of environmental impact assessment; they must therefore be subjected to environmental impact assessment on the basis of the Presidential decree, Article 1(4) of which lays down that projects referred to in Annex B which fall even partly within protected natural areas are subject to the environmental impact assessment procedure.

1. Does the building project for the Tor Marancia area require specific environmental impact assessment as laid down in the Presidential decree of 12 April 1996 transposing Directive 85/337/EEC ((OJ L 175, 5.7.1985, p. 40. ))?

2. Does it require specific environmental impact assessment as laid down in Annex II, 10(C) of Directive 97/3/EC ((OJ L 27, 30.1.1997, p. 30. ))?

Joint answer to Written Questions E-0450/98 and E-0451/98 given by Mrs Bjerregaard on behalf of the Commission (24 March 1998)

In the opinion of the Commission, based on the information given by the Honourable Member, the works appear to be projects of the classes listed in Annex II of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment. Such projects should be made subject to an environmental impact assessment (EIA) where Member States consider that their characteristics so require.

Not being aware of the projects mentioned, the Commission will take the appropriate steps in order to gather detailed information about them and to ensure the observance of Community law.

Council Directive 97/3/EC, quoted by the Honourable Member, is not relevant. This amends Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ((OJ L 26, 31.1.1977. )). Directive 97/11/EC is the new directive amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment ((OJ L 73, 14.3.1997. )). In Annex II paragraph 10(c) there is nothing related to the kind of project mentioned by the Honourable Member. Under letter (b), 'urban development projects' is listed, which exactly corresponds to what is listed in Directive 85/337/EEC. In any case, the deadline for Member States to comply with Directive 97/11/EC is 14 March 1999.