WRITTEN QUESTION E-3322/02

by Hiltrud Breyer (Verts/ALE) to the Commission

(25 November 2002)

Subject: Environmental impact assessment for Frankfurt airport

In accordance with Directive 85/337/EEC(1), an environmental impact assessment must be carried out on certain more closely defined projects, as part of which, inter alia, noise protection zones are laid down. Frankfurt airport is a project within the meaning of this Directive. However, given that it was constructed long before the Directive came into force, no full EIA has ever been carried out on the whole airport including the previously designated flight paths(2).

In summer 2001 a new flight path over the Taunus was designated for Frankfurt airport, assigned to the existing runways. Since this new development was not a construction project, no EIA was carried out. At first sight, this does not pose any problem in terms of EU legislation.

However, it might be asked whether the above case is not the victim of a legal loophole. If Frankfurt airport had been built at the end of the 1980s, a comprehensive EIA would have been carried out which would have included the flight paths and taken account of noise protection zones. All subsequent changes would have meant that the outcome of the first EIA no longer applied and would have required a fresh EIA. Given that this was not the case and Frankfurt airport has been in existence since the mid-1950s, there is no overall Frankfurt airport project subject to an EIA and with noise protection zones which would have to be maintained, since no such zones exist.

Does this not mean that local residents (in the widest sense) are doubly disadvantaged?

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

(2) I am aware that changes to buildings and new construction work are subject to an environmental impact assessment.

Answer given by Mrs Wallström on behalf of the Commission

(17 January 2003)

The Honourable Member contests the lack of application of Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), as amended by Directive 97/11/EC of 3 March 1997(2) as regards the construction of the Frankfurt airport taking into account of noise protection zones.

As the Honourable Member correctly points out due to the date of construction of the Frankfurt airport, i.e., dating back to the mid-1950s, the Environmental Impact Assessment (EIA) Directive has not been applied. The 85/337/EEC Directive (Article 12) was transposed three years after the date of notification, i.e., 3 July 1988. So any development consents given for projects before that date fall outside the scope of application of the EIA Directive.

The fact that the airport was constructed in the mid-1950s does not exclude that the EIA Directive may apply but this can only be the case provided that there is any 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(3). In this case, the Member States shall determine through a case by case examination or thresholds or criteria whether the project shall be made subject to an assessment taking into account the relevant selection criteria set out in the Directive.

However, from the evidence available to the Commission there is no indication that the new flight path over the Taunus designated in the summer of 2001 is covered by the scope of application of the EIA Directive.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) Annex II point 13 of the Council Directive 97/11/EC.