WRITTEN QUESTION P-1682/03

by Enrico Ferri (PPE-DE) to the Commission

(15 May 2003)

Subject: Monitoring the safety of maritime traffic and the environmental impact of the project to dredge the Gulf of La Spezia (Italy)

The Port Authority of La Spezia has launched a project to dredge the approach channel to the Port of La Spezia at a depth of 15 m by removing 40 000 m3 of sediment with a view to allowing huge container ships of 6500/6800 TEU to enter the port. This project would involve a substantial extension of the port and an increase in maritime traffic. The Regional Administrative Court of Genoa has ordered that the project be put on hold. The project has the dual effect of having a negative impact on the environment and on the health of citizens living in the area around the port, given that the area has already been reclaimed (leading to the dispersal of the pollutant substances on the sea bed). The second effect of the project would be a considerable increase in traffic in the Port of La Spezia, which would have an adverse impact on shipping safety.

Does the Commission not consider that this plan could have disastrous consequences from the point of view of its impact on the environment, given that the intention is to excavate a sea bed which has already been excavated for a long time?

The project would also concern areas adjacent to the port which are considered Sites of Community Interest (SCIs) (even though not all of the port has been recognised as an SCI see reply to previous Question H-0849/02(1)).

Does the Commission not consider that this work would involve a further accumulation and dispersal of the harmful substances already present in those areas and would ruin the international image of the so-called Gulf of the Poets?

Does the Commission not think that the extension of the port (as explicitly stated in the dredging project) and the ensuing increase in maritime traffic would have a negative impact on safety at sea?

The Commission,

- having regard to Articles 174, 175 and 176 of the Treaty,

- having regard to EU legislation on maritime safety and traffic, most recently the Commission Communication on improving safety at sea in response to the Prestige accident,

- having regard to Council Directive 92/43/EEC(2) of 21 May 1992,

- having regard to Regulation (EC) No 1406/2002(3) of 27 June 2002 establishing a European Maritime Safety Agency,

- having regard to the proposal for a European Parliament and Council directive concerning pollution from ships and the introduction of penalties, including criminal penalties, for pollution-related offences,

- whereas Directive 85/337/EEC(4) provides for environmental impact assessments (EIAs) of certain public and private projects, including, as specifically stated in Annex 1(8) and Annex 2(13) projects concerning port installations and involving an increase in maritime traffic, which is the declared objective of the dredging project:

1. Can the Commission conduct an investigation into the current situation and check what impact this project would have on maritime safety and traffic standards?

2. Can the Commission conduct an investigation into the compatibility of this project with the environment?

(1) Written reply of 1 April 2003.

(2) OJ L 206, 22.7.1992, p. 7.

(3) OJ L 208, 5.8.2002, p. 1.

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

Answer given by Mrs Wallström on behalf of the Commission

(24 June 2003)

The Commission has previously replied to the Honourable Member's oral question H-0849/02 during question time at Parliament's January 2003 session, on this subject. On the basis of new information provided by the Honourable Member, the project seems to be an extention of the existing port of La Spezia, and is thus covered by Annex II point 13 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (EIA Directive) as amended by Council Directive 97/11/EC of 3 March 1997(1). In such cases the Member States have to determine, either through a case by case examination or according to thresholds or criteria, whether the project is to be made subject to an assessment taking into account the relevant selection criteria set out in Annex III of the Directive. However, on the basis of the information provided by the Honourable Member, the Commission has no reason to assume that the EIA Directive is not being correctly applied.

As regards Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, it is not clear from the information provided by the Honourable Member whether it is likely that the project will lead to a significant impact on a proposed Site of Community Importance (pSCI), and if that is the case, whether an appropriate assessment of its effects on the site was carried out.

Concerning the alleged negative impact on safety at sea, the Commission does not have any indication that the project to dredge the approach channel to the port of La Spezia would breach the provisions of Community maritime safety legislation as mentioned by the Honourable Member. The fact that the project would lead to an increase in maritime traffic, and to a possible increase of polluting substances due to the works involved, does not necessarily mean that it is not in line with existing Community maritime safety legislation, which deals mainly with ships' safety standards, traffic monitoring and prevention of pollution from ships.

On the basis of the information provided by the Honourable Member, the Commission has no reason to assume that Community legislation is not being correctly applied. If the Honourable Member can provide detailed information enabling the Commission to assess these issues in relation to the above-mentioned Directives, the Commission will then be able to investigate this matter.

(1) OJ L 73, 14.3.1997.