WRITTEN QUESTION E-1228/96 by Ian White (PSE) to the Commission (23 May 1996)

Subject: Implementing the Environmental Impact Assessment Directive (Directive 85/337/EEC)

Can the Commission please indicate,

1. whether it is necessary for Member States to develop procedures to ensure that environmental impact assessments are carried out in respect of all projects listed in Annex II to the Directive (85/337/EEC ((OJ L 175, 5.7.1985, p. 40. ))) which are likely to have a significant environmental impact, in order for them to have fully implemented the Directive, and if so by what date?

2. Which Member States have put in place satisfactory procedures to ensure compliance with Directive 85/337/EEC as it applies to the use for intensive agricultural purposes of uncultivated land (Annex II, 1b)?

3. What action the Commission is taking to ensure full compliance by Member States in implementing this Directive?

Answer given by Mrs Bjerregaard on behalf of the Commission (17 July 1996)

1. Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment specifies that projects of the classes listed in Annex II are subject to an assessment where Member States consider that their characteristics so require (Article 4(1)).

To this end, Member States may in particular specify certain types of projects as being subject to an assessment or may establish the criteria or thresholds necessary to determine which of the projects of the classes listed in Annex II are to be subject to an assessment (Article 4(2)). It is clear from Article 4 of the Directive that the Member States have a broad margin of discretion is deciding whether or not a project as listed in Annex II should be subject to an assessment.

The Member States are obliged to introduce a means of deciding whether or not a project as listed in Annex II is subject to an assessment. The means provided for in the abovementioned Article 4(2) to comply with this obligation are indicative and Member States are in fact free to choose any other means. The Member States have been required to provide for such procedures since the Directive entered into force, i.e. July 1987 in the case of the 12 Member States and 1 January 1994 in the case of Austria, Finland and Sweden in the framework of the European economic area.

2 & 3. In accordance with Article 155 of the EC Treaty, the Commission, as guardian of the Treaty, must ensure that the Member States transpose the provisions of directives properly and on time. If a Member State fails to transpose the provisions of a directive properly or on time, the Commission initiates the procedure provided for in Article 169 of the EC Treaty, which may result in a ruling by the Court of Justice that the Member State concerned has failed to transpose the directive concerned or to transpose it properly.

The Commission has received assurances regarding the proper transposal of Directive 85/337/EEC into the national legal systems as regards the points referred to by the Honourable Member. However, the Court has found that Belgium has failed to implement the said Directive properly and infringement proceedings against Italy, Ireland and Spain are in progress.

The legislation of the three new Member States (Austria, Finland and Sweden) is currently being studied. All of the other Member States have introduced satisfactory procedures as regards the points referred to by the Honourable Member.