WRITTEN QUESTION E-0578/98

by Roberta Angelilli (NI) to the Commission

(4 March 1998)

Subject: High-speed trains

In the light of the answers to previous questions on high-speed trains, with particular reference to the Rome area (E-0508/97(1) and E-2351/97(2)) because of failure to comply with European legislation on environmental impact assessment, the Commission might like to know that legal proceedings are currently being brought in Italy against people involved in the mismanagement of the high-speed train network. Can the Commission therefore say:

1. whether the measures mentioned in the additional answer of 5 June 1997 from Mrs Bjerregaard on behalf of the Commission and confirmed in answer E-2351 of 9 September 1997 have been carried out;

2. whether, in the light of non-compliance with the directives and the numerous episodes already mentioned which cast doubt on the execution of the high-speed train project in Italy, it does not consider it appropriate to ask the Court of Justice, in accordance with Article 186 of the EC Treaty, to adopt temporary measures, including suspension of the work?

Answer given by Mrs Bjerregaard on behalf of the Commission

(24 April 1998)

The Commission is not competent for complaints concerning criminal law. Since it aims to ensure the observance of Community law, the Commission is entitled to undertake interventions only when a provision of Community law is concerned.

Further to the information provided by the Honourable Member regarding the Rome - Naples high speed railway project, a formal request was sent to the Italian authorities in order to know whether an environmental impact assessment (EIA) had been carried out in accordance with Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(3). The Italian authorities answered in the affirmative. They communicated that on the basis of the EIA carried out by the "EIA Commission of the Italian Ministry of environment" in 1992, the above mentioned Ministry had already given in 1993 an opinion in favour of the project. Nevertheless, since two short sections of the project appeared to have been excluded from the assessment, new information concerning the EIA of these sections was requested from the Italian authorities. On the basis of the new information communicated by the Italian authorities, the Commission can now conclude that, in fact, the approval given in 1993, relying on an environmental impact assessment approved by the EIA Commission of the Ministry of the environment in 1992, concerned only the general project and did not include the two junctions of Rome and Naples. However, the projects of the two junctions and the executive projects of the entire work were later submitted to an environmental impact study which was assessed by Regione Lazio in 1994 and by the Ministry of the environment (EIA Service and Citizens Information) in 1995. They approved the whole project. The stage of public information and consultation appear to have been correctly carried out.

In the light of the above, a possible application of Article 186 of the EC Treaty is not relevant.

(1) OJ C 391, 23.12.1997, p. 15.

(2) OJ C 82, 17.3.1998, p. 62.

(3) OJ L 175, 5.7.1985.