WRITTEN QUESTION E-2858/99

by Roberta Angelilli (UEN) to the Commission

(18 January 2000)

Subject: Incomplete implementation by the Region of Lazio of the directives on environmental impact assessment

With reference to previous questions tabled by the same Member on environmental impact assessment and Directive 85/337/EEC(1) and subsequent amendments, can the Commission say whether the directive has been effectively and fully transposed, in particular following the Italian Government's delegating powers to the Regions, especially the Region of Lazio, or whether there have been inaccuracies and/or parts which have not been transposed in their entirety?

In particular, the car park in Via Sacchi in Rome, already mentioned in Question E-2084/99(2), has led to a conflict of competences between Rome City Council, which issued the relevant authorisation without carrying out an environmental impact assessment, and the Region of Lazio, which did request an environmental impact assessment.

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

(2) OJ C 219, 1.8.2000, p. 87.

Answer given by Mrs Wallström on behalf of the Commission

(23 February 2000)

As regards the transposition of Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment in Italy and in particular in Regione Lazio, the Honourable Member is requested to refer to the response to her Written Question E-2084/99. The

conformity of Italian regional legislation with Council Directive 97/11/EC of 3 March 1997(1), amending Directive 85/337/EEC, is under assessment. It may be added that car parks are not specifically mentioned in the Annexes of Directive 85/337/EEC and, therefore, it is difficult to challenge the lack of specific transposition in relation to this class of projects. In contrast, Directive 97/11/EC, which is not applicable to the specific case because it applies to projects for which requests for development consent were submitted after 14 March 1999, specifically includes car parks among the projects of Annex II of the Directive (10 b).

Conflicts between different bodies of the Italian administration are not relevant at Community level. It is only relevant that Community law be correctly applied.

As for the application of Directive 85/337/EEC to this specific case, in the opinion of the Commission car parks could, even if not specifically mentioned, be covered by Annex II of Directive 85/337/EEC at number 10 b (as urban-development projects among the infrastructure projects). According to the Directive, projects of Annex II are to be made subject to an environmental impact assessment (EIA) where Member States consider that their characteristics so require. However, Member States are obliged to make a pre-assessment in order to establish whether projects of Annex II need to be made subject to an EIA procedure. Therefore, the Commission considers that failing to carry out a pre-assessment on a car park project which is likely to have significant effects on the environment represents an infringement of the Directive, while failing to make a car park the subject of an EIA procedure is not a breach of the Directive when the lack of significant impact of the project has been verified in a previous a pre-assessment.

(1) OJ L 73, 14.3.1997.