WRITTEN QUESTION E-2084/99

by Roberta Angelilli (UEN) to the Commission

(12 November 1999)

Subject: Car park in Via Sacchi, Rome, and failure ofthe Lazio regional authorities to

The regional authorities of Lazio have recently suspended construction work on a large underground car park in Via Sacchi, Rome, in an area which is particularly fragile both from a hydrogeological point of view and on account of the numerous archaeological sites it contains. The work on the car park, for which ten underground floors had been planned, was suspended by the regional environmental councillor despite the fact that the car park had already been built. The suspension was due to the absence of an adequate environmental impact assessment and the consequent numerous protests by residents, who had pointed out that the stability and safety of existing buildings were being undermined.

In the light of this:

1. does the Commission not consider this to be the umpteenth demonstration of the fact that the Lazio regional authorities need to urgently adopt the Italian national regulations transposing Directive 85/337/EEC(1) and successive amendments to it?

2. could the failure of the Lazio regional authorities to adopt the regulations, and hence to apply the above-mentioned directive, not be deemed to be an incomplete transposition of the directive by the Italian authorities?

3. does the Commission not consider it would be useful to check that the above-mentioned project falls within the categories listed in Directive 85/337/EEC, for which an environmental impact assessment is compulsory?

4. what is the Commission's view on this matter?

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

Answer given by Mrs Wallström on behalf of the Commission

(9 December 1999)

On the basis of the information given by the Honourable Member the Commission considers that, at present, there are no grounds for intervention in this specific case.

In particular, as reported by the Honourable Member, the regional authorities have suspended work on the project because it has not been made the subject of an environmental impact assessment (EIA) procedure. Action, therefore, appears to be underway at national level to ensure compliance with any obligations which might exist under Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment.

As for the general issue concerning the implementation of Directive 85/337/EEC in the territory of Regione Lazio, it should be noted that Regione Lazio, by Deliberazione della giunta regionale 30 giugno 1998 n.3099, has given effect at regional level to the Decreto del Presidente della Repubblica 12 aprile 1996 atto di indirizzo e coordinamento concernente disposizioni in materia di valutazione di impatto ambientale, which sets out the requirements concerning the projects listed in Annex II of Directive 85/337/EEC for which regions are considered competent in the Italian legal system. Therefore, at present, the part of Directive 85/337/EEC for which regions have been considered competent in the Italian legal system is to be considered as implemented and applied in Regione Lazio. The compliance of the general transposition in Italy of Directive 85/337/EEC at regional level is under the assessment of the Commission in the framework of infringement proceedings.