WRITTEN QUESTION P-2195/01

by Giorgio Celli (Verts/ALE) to the Commission

(17 July 2001)

Subject: High-speed rail network

Following countless complaints by many members of the general public and environmentalists concerning instances of failure to implement environmental protection laws, and in the light of the latest legal cases, which have led to various construction projects being suspended, as a precautionary measure, on the Bologna-Florence section of the high-speed rail network in Italy.

can the Commission check that all the legal provisions concerning the environmental impact assessment of the rail project have been complied with, in accordance with Council Directive 85/337/EEC(1)?

What information has it gathered concerning the hydrogeological damage caused by this public works project, which benefits from European funding?

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

Answer given by Mrs Wallström on behalf of the Commission

(5 September 2001)

Situations which are likely to be considered as a bad application of environmental Community law by the authorities of the Member States are normally drawn to the attention of the Commission by letters of complaint, Parliamentary Questions and Petitions to the Petitions Committee of the Parliament. However, situations claimed to be inconsistent with the relevant Community law need to be precisely described so as to enable the Commission to assess them in relation to applicable Community environmental law.

According to Directives 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment and 97/11/EC(2), which has modified Directive 85/337/EEC, Member States are obliged to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects. Projects covered by the Directive are identified in the annexes.

Under Directive 85/337/EEC, either before or after being amended by Directive 97/11/EC, projects falling into Annex I are to be made subject to an environmental impact assessment.

In the opinion of the Commission, based on the information given by the Honourable Member, the work to which the question makes reference, falls within the scope of Directives 85/337/EEC and 97/11/EC, and, in particular, into category 7 (lines for long-distance railway traffic) of Annex I of the two directives. However, no element is given by which it can be deduced that the directive is being breached in the specific case. When no evidence is given to indicate that Community law has been breached (or is going to be breached), the Commission considers that there are no grounds for intervention. Actions by the Commission in order to check the correct application of Community law in Member States must be based on claims which reveals elements (facts and acts) on the basis of which a breach of Community law can be envisaged.

Given the lack of specific grounds of complaint in this specific case, no breach of the directive can be identified at present.

The fact that a national Court opened a procedure for failure to implement environmental protection laws and that it has suspended various construction projects, as a precautionary measure, on the Bologna-Florence section of the high-speed rail network is not in itself an element which reveal a breach of the directive.

In addition, when national courts check the compliance of internal administrative procedures with the national law derived from Community law they do not do other than ensure that Community law is properly applied. The fact that national courts carry out the same task as the Commission under Article 211 of the EC Treaty is perfectly in line with the Commission approach that it is national courts and administrative bodies that are primarily responsible for ensuring that the authorities of the Member States comply with Community law.

It is to be stressed that action of the national courts is much more effective on cases of Community law bad application than any Commission intervention. The Commission's powers are limited to those conferred on it by the EC Treaty. In its task of ensuring that Community law is properly applied within all Member States, it may start infringement procedures and it may bring the case before the Court of Justice. However, judgements of the Court of Justice only state whether there has been an infringement. The Court of Justice can neither annul a national provision which is incompatible with Community law, nor force a national administration to respond to the request of an individual, nor order a Member State to pay damages to an individual adversely affected by an infringement of Community law. Only national courts can issue orders to administrative bodies and annul a national decision. It is also only national courts which have the power, where appropriate, to order a Member State to make good the loss sustained by individuals as a result of the infringement of Community law attributable to it.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.