WRITTEN QUESTION E-2500/02

by Laura González Álvarez (GUE/NGL) to the Commission

(9 September 2002)

Subject: Threats to the historical, cultural, social and environmental heritage in Seville (Spain)

Neighbourhood associations and cultural, professional, environmental and trade union organisations etc. in Seville have joined forces to demand a more habitable city, in a campaign regarding transport in the historic centre of the city, based on European recommendations and guidelines concerning the urban environment, reducing CO2 emissions and noise and air pollution. Their ultimate aim is to safeguard the historical, cultural, social and environmental heritage.

The campaigners have expressed their concern at the building of three carparks in a unique area of the city full of historic buildings, despite views expressed by experts, who consider that the use of private vehicles should be restricted and pedestrian areas be extended in this district and that the indiscriminate felling of trees be avoided, as is planned for example in the Alameda de Hércules park, which is a symbol of the city.

What steps can the Commission take to ensure the implementation of Community law in this particular case, in particular Directive 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment?

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

Answer given by Mrs Wallström on behalf of the Commission

(22 October 2002)

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(1), requires that certain listed types of project are subject to an environmental impact assessment (EIA) before consent can be given. The projects to which the Directive applies are divided into two Annexes. Projects listed in Annex I to the Directive require environmental impact assessment (EIA) in all cases. Projects listed in Annex II to the Directive require EIA if they are likely to have significant effects on the environment.

Car parks are listed in Annex II to the Directive (10(b) Urban development projects, including the construction of shopping centres and car parks) and require EIA in accordance with the Directive if the project is likely to have a significant effect on the environment. The Directive does not specify what is a significant effect and the competent authority must decide the issue on a case by case basis or by use of thresholds. According to Article 4(4) of the Directive, this determination on whether an Annex II project requires EIA must be made available to the public. Where EIA is required, the developer must prepare a statement of the project's likely effects on the environment. That statement is made available to the environmental authorities and the public for comment. The statement and the comments received on it must be taken into account in reaching the decision on whether or not the project should go ahead. Information on the final decision must be also made available to the public.

If the Honourable Member considers that the requirements of the Directive have not been followed in this case, a complaint can be made to the Commission, accompanied by the relevant evidence.

(1) OJ L 73, 14.3.1997.