WRITTEN QUESTION E-0287/02

by Monica Frassoni (Verts/ALE) to the Commission

(8 February 2002)

Subject: Project for the further development of the Gardaland theme park at Castelnuovo del Garda, Italy

Written question E-2653/00(1) pointed out that the municipality of Castelnuovo del Garda (VR) had made some alterations to the use of land envisaged in the current town-planning regulations in order to allow the Gardaland theme park to be extended (General variant to the PRG of the municipality of Castelnuovo, approved by the Veneto Region on 6 July 1999 by virtue of Regional Council Decree No 2340). One of the alterations concerns conference zones D5 and 1, for which a project for the allocation of hotel building-space was granted final approval on 24 October 2001 (Municipal Council Decision No 44). Before the execution of this project no provision has been made for ascertaining the environmental impact (screening), although it can be considered as belonging to one of the following categories: theme parks, holiday villages and hotel complexes outside urban areas and associated developments'orany change or extension of projects listed in Annex I or Annex II, already authorised, executed or in the process of being executed, which may have significant adverse effects on the environment' (Directive 97/11/EC(2), Annex II).

The project make provision for building about 100 sq.m. of accommodation for use as hotel, conference and recreational facilities, linked to the Gardaland theme park in an area of high environmental vulnerability, subject to great pressure as regards town-planning work.

It should be stressed that on 12 November 2001 the Union of Hotelkeepers on the Veronese shore of Lake Garda published an appeal against the massive property speculation in the municipalities on the southern part of Lake Garda, which is threatening nature in the area the most precious resource for the local tourist economy for which the Veneto Region is in the process of adopting a special area plan(3).

Does the Commission intend to take steps to carry out an investigation (screening) to establish the need for and environmental impact assessment of the Gardaland project in question?

(1) OJ C 136 E, 8.5.2001, p. 68.

(2) OJ L 73, 14.3.1997, p. 5.

(3) The guidelines for the Lake Garda Area Plan provided for in the Regional Development Master Plan, the most important planning policy document in the Veneto (cf. Veneto Regional Council measure No 250/1991), clearly stipulate that natural and landscape resources must be protected, and hence restrictions be imposed on building work.

Answer given by Mrs Wallström on behalf of the Commission

(21 March 2002)

The Commission considers that programmes and plans are not covered by Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), whether before or after amendment by Council Directive 97/11/EC of 3 March 1997.

Should the plan be considered as substantially having the characteristics of a project, Directive 85/337/EEC would apply. However, on the basis of the information given by the Honourable Member, at present, it cannot be deduced that the plan for the allocation of hotel building-space approved on 24 October 2001 may be considered as a project.

In the light of the above, given the lack of specific grounds on the complaint on the application of the above-mentioned environmental impact assessment (EIA) Directive to the specific cases, no breach of the directive can be identified at present. Should the Honourable Member provide detailed information enabling the Commission to assess the issues in relation to the EIA Directive, the Commission would also be able to investigate this matter.

Under Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment(2), certain plans and programmes which are likely to have significant effects on the environment are made the subject of an environmental assessment. However, at present, Member States are not yet obliged to apply the provisions of this directive. Deadline for Member States to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive is 21 July 2004.

(1) OJ L 175, 5.7.1985.

(2) OJ L 197, 21.7.2001.