WRITTEN QUESTION P-2518/00

by Roberta Angelilli (UEN) to the Commission

(25 July 2000)

Subject: Urban parking plan in Rome, environmental impact assessment and public information (via Oslavia, P. Vescovio, via Taranto, etc.)

Some years ago the Rome city authorities drew up a plan for the construction of underground car parks known as the urban parking plan (PUP). The project was to be carried out by private firms and the parking spaces sold to members of the public who applied for them. The building of the car parks has generated much controversy among local residents because of the length of the work, the effects on traffic, and the possible environmental impact of the project, which is affecting the stability of buildings, jeopardising business activity, and often leading to the disappearance of trees and green spaces.

The information provided by the city authorities concerning the dangers posed by the environmental impact of the car parks has been extremely vague and inadequate, compelling residents to bring the matter before the regional administrative court in order to safeguard their right to be kept informed on the length and duration of the building work. This lack of openness on the part of the bodies responsible concerning the possible dangers posed by the project has also generated legitimate concerns among residents, prompting them to form protest committees, thereby creating unfortunate and needless conflicts between residents and the construction firms. It is not these firms (which are running risks themselves and may have to lay off staff), but rather the city authorities which are responsible for providing public information. It should also be noted that environmental impact assessments have not been carried out in all cases, unlike similar projects in various parts of Rome, leading to the conclusion (with reference also to the Commission's answer to my previous question E-2858/99(1)) that the provisions of Directive 85/337/EEC(2) and subsequent amendments are being infringed in that proper prior assessments have not been performed either for individual projects or for the car parks plan as a whole, a project which, given the number of construction sites running simultaneously, is having a considerable impact on the environment.

In the light of the above:

1. Does the Commission not consider that the PUP projects should be subject to environmental impact assessments, together with the car parks project as a whole?

2. Does it not believe that the public has a right to be provided with detailed information by the Rome city authorities?

3. Does it not believe that the public should be involved in the relevant decisions before these building projects are begun to allow them to put forward possible alternatives?

(1) OJ C 303 E, 24.10.2000, p. 120.

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

Answer given by Mrs Wallström on behalf of the Commission

(14 September 2000)

Plans are not within the scope of application of the Community directives on environmental impact assessment (EIA) (Council Directive 85/337/EEC(1) of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment and Directive 97/11/EC(2), amending Directive 85/337/EEC). However, as stated by the Court of Justice, in the framework of an EIA procedure possible cumulative effects of different projects should be sufficiently taken into account.

On the basis of Council Directive 90/313/EEC(3) of 7 June 1990 on the freedom of access to information on the environment, public authorities are required to make information relating to the environment available to any natural or legal person at his request and without his having to prove an interest (Article 3, paragraph 1). A public authority is obliged to respond to a person requesting information as soon as possible and at the latest within two months. The reasons for a refusal to provide the information requested must be given (Article 3, paragraph 4). A person who considers that his request for information has been unreasonably refused or ignored, or has been inadequately answered by a public authority, may seek a judicial or administrative review of the decision in accordance with the relevant national legal system (Article 4). This directive was transposed in Italy by decreto legislativo 24 febbraio 1997 n. 39 sulla libertà di accesso alle informazioni in materia di ambiente.

As for the question of the appropriateness of public participation in the decision-making process, the Commission welcomes the public taking part in decisions by which it is concerned.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) OJ L 158, 23.6.1990.