WRITTEN QUESTION E-1171/01

by Monica Frassoni (Verts/ALE) to the Commission

(19 April 2001)

Subject: Mining in Sardinia and environmental impact assessments

The autonomous region of Sardinia has granted a mining licence (3) (kaolin, bentonite, bleaching earth and feldspar), under Royal Decree No 1443 of 1927 and subsequent amendments and additions, to Caolino Panciera S.p.A. for an area of 180 hectares in the district of Muros (Sassari), while three separate prospecting licences (4) (gold, silver and associated minerals) have been granted under the above law to Sardinia Gold Mining S.p.A. for an area of 805 hectares in the districts of Cossoine, Giave and Mara (Sassari), an area of 702 hectares in the districts of Chiaramonti, Nulvi, Osilo and Ploaghe (Sassari) and an area of 758 hectares in the district of Villaputzu (Cagliari).

These permits have been granted without the environmental impact assessment procedure having first been carried out; this procedure is compulsory under European Directive No 97/11/EC(1) (Annex I, point 19), despite the provisions of the Italian implementing legislation (Article 1(1) of Presidential Decree of 11 February 1998).

Is the Commission aware of the information given above?

Has the Commission ascertained whether the law has been observed with regard to environmental impact assessments of the above operations?

Does the Commission intend to take appropriate action on this matter?

Is any Community funding earmarked for these mining operations?

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

Answer given by Mrs Wallström on behalf of the Commission

(26 June 2001)

Council Directive 85/337/EEC of 27 june 1985 on the assessment of the effects of certain public and private projects on the environment(1), establishes that projects which are likely to have significant effects on the environment, by virtue of their nature, size or location, are made subject to an assessment of their effects environmental impact assessment (EIA). Classes of projects covered by the directive are listed in the two Annexes. Projects listed in Annex I require an EIA procedure. Under Article 4(2), projects of the classes listed in Annex II are made subject to an EIA, where Member States consider that their characteristics so require.

Pursuant to Council Directive 97/11/EC of 3 March 1997(2), which has modified Directive 85/337/EEC, for projects listed in Annex II, Member States are obliged to determine, through a case-by-case examination, or thresholds or criteria set by the Member States, whether the project is to be made subject to an EIA. However, 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 the amendments.

On the basis of the information given by the Honourable Member, the work to which the question makes reference could fall either into the scope of paragraph 2 (extractive industry) of Annex II of Directive 85/337/EEC prior to the amendments, into paragraph 19 (Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction, where the surface of the site exceeds 150 hectares) of Annex I of Directive 85/337/EEC, as modified by Directive 97/11/EC, or paragraph 2 (extractive industry) of Annex II of Directive 85/337/EEC, as modified by Directive 97/11/EC.

The Commission has already opened a complaint file on the project mentioned by the Honourable Member and a letter has been sent to the Italian authorities to request information on the issue.

Should the Commission find that Community law is being breached in the specific case, it would not hesitate, as the guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 (ex Article 169) of the EC Treaty, in order to ensure the observance of the relevant Community law.

According to the information received from the Member State authorities, these projects have not received funding in the framework of the structural funds.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.