EN Official Journal of the European Union CE 78/832

(2004/C 78 E/0886)

WRITTEN QUESTION E-3600/03

by Roberto Bigliardo (UEN) to the Commission

(5 December 2003)

Subject: Overflying Brussels — extension of Zaventem airport

The new Belgian Minister of Transport Bert Anciaux is about to launch a plan to move a number of flight paths from the area near ‘Zaventem National’ airport to the city of Brussels, following a decision taken in June 2003 by an administrative court (Cour d'Arbitrage) calling for flights to be spread over several routes, in response to complaints from 47 people living in the vicinity of the airport.

According to articles published in the Belgian press this decision was taken in the name of a principle of ‘solidarity’ according to which the noise pollution should be spread among all the inhabitants of Brussels.

1. Can the Commission say whether the initiatives taken by the Minister and the decision of the ‘Cour d'Arbitrage’ are in line with the Community directives on the subject?

2. Is it normal that the new flight plan for Brussels airport should be implemented without assessing the impact of the noise it would generate?

3. Can the Commission say whether the extension of Zaventem airport meets all the current environmental standards?

4. In any event, can the Commission say whether the Minister's initiative is compatible with the status of Brussels as the seat of the Community institutions and, above all, whether moving a substantial proportion of the air traffic to densely populated areas does not pose additional security problems (terrorist acts) for the European and international institutions based in Brussels?

Answer given by Mrs de Palacio on behalf of the Commission

(5 February 2004)

There exists no Community legislation which establishes detailed provisions concerning decisions by competent authorities on flight paths. Although, with the adoption of Directive 2002/49/EC of the Parliament and of the Council of 25 June 2002 on the assessment and management of environmental noise (1), harmonised noise descriptors are introduced (by 18 July 2005), as well as the obligation to prepare noise maps (by 30 June 2007) and action plans (by 18 July 2002), that Directive does not impose limit values for ambient noise. In the absence of such mandatory Community norms, it is not possible for the Commission to intervene solely on the basis of possible excessive exposure to noise.

According to the information which was published in the Belgian press, a working group (composed of experts from BIAC, Belgocontrol and the Belgian Directorate-General of aviation) assisted the Belgian Minister of Transport in preparing an action plan, whilst further work regarding the establishment of a cadastral survey of aviation noise is underway.

Since, in the present context, Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (2), as amended by Council Directive 97/11/EC of 3 March 1997 (3) (Environmental Impact Assessment (EIA) — Directive), relates to the construction of airports and airport changes/extensions, the new flight plan does not seem to be subject to the requirements of this Directive.

There are no other environmental standards established for airports. Airport changes/extensions are covered by the EIA Directive. This Directive provides that Member States must ensure that, before development 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 an assessment of the environmental effects. According to the information at the disposal of the Commission, an EIA was carried out for the extension of Zaventem airport in the beginning of the 90's. Changes such as the introduction of new flight plans or the allocation of air router to existing runways are not covered by the definition of ‘a project’ under the EIA Directive.

The Commission is currently investigating whether the public consultation foreseen under Flemish legislation meets the requirements of the EIA Directive.

The Commission will continue to monitor all relevant developments under Community law in this file.

(1) OJ L 189, 18.7.2002.

(2) OJ L 175, 5.7.1985.

(3) OJ L 73, 14.3.1997.