WRITTEN QUESTION E-0678/01

by Monica Frassoni (Verts/ALE) to the Commission

(8 March 2001)

Subject: Link between the A4 motorway and the approach road to Gardaland, in the communes of Castelnuovo and Lazise (Verona), Italy

In reply to Questions P-0198/00(1) and E-2653/00(2) on the implications of the widening of the local road leading to the amusement park Gardaland, called Via Derna, the Commission confirmed that regional legislation does not make provision for the environmental impact assessment procedure since the length of the stretch of road in the commune of Castelnuovo is less than 5 kilometres, the threshold for secondary extra-urban roads parts of which go through sensitive areas(3).

In actual fact, the project is much more complex and is intended to connect Gardaland to the A4 motorway by means of a fast 4-lane road. The link, consisting of several sections includes in addition to the Via Derna section which starts from the intersection with the SS 249, the Gardesana, and branches off into the territory of the commune of Castelnuovo the section of the Via Derna in the commune of Lazise, which would link up with the superhighway SS 450, the Napoleonica, and would continue from the intersection of this road with the existing SS 11 in the village of Cavalcaselle up to the A4 motorway by means of a new section 800 m long. A new toll booth would be opened at the intersection between this section and the motorway. This is an example of circumvention of legislation on environmental impact assessment. The project was in fact drawn up by Gardaland technicians, was taken over by the municipality of Castelnuovo and forwarded to the commune of Lazise, the Province of Verona, the ANAS (National Roads Authority) in Venice and the contractor managing the A4 Brescia to Padua motorway and explained in a number of meetings with them. Except for the commune of Castelnuovo, none of the parties have yet taken a decision on the section under their competence. There is a risk that each authority will, at different times, present a project for a stretch of the new road linking Gardaland to the new motorway toll booth without any environmental impact assessment being carried out, despite the fact that the total length of the road link is approximately 5,5 km.

Does the Commission not consider that the Gardaland-A4 link should be considered as a single project, which as such would be subject to EIA, since the commune of Castelnuovo is affected by other projects such as the new Milan-Verona high-speed railway line and the new alternative route for the SS 11 which are to be added to the existing infrastructure (the SS 11, the A4 motorway and the Milan-Venice railway line) concentrated in a very small area?

Does the Commission not consider that the new road links envisaged for the SS 249, the SS 450, the new SS 11 and the A4 motorway should be subjected to environmental impact assessments?

(1) OJ C 303 E, 24.10.2000, p. 60.

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

(3) As identified in Annex D of Regional Law No 10 of 26 March 1999 on environmental impact assessment.

Joint answer to Written Questions E-0676/01, E-0677/01 and E-0678/01 given by Mrs Wallström on behalf of the Commission

(11 May 2001)

In addition to the response given to the Honourable Member's Written Question E-2653/2000(1), as regards the construction of a jetty on the shore of Lake Garda to serve the amusement park Gardaland, situated in Ronchi di Castelnuovo del Garda (Verona), within the proposed Site of Community Importance (pSCI) Basso Garda IT3210018 under Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora(2), the Commission would like to stress the following.

Article 6 of Directive 92/43/EEC provides for protection requirements with reference to Special Conservation Areas (SCA). Under Article 4, paragraph 5, of Directive 92/43/EEC these requirements are applied also to Sites of Community Importance (SCI) when, on the basis of the list of proposed Sites of Community Importance (pSCI), they are adopted in accordance with the procedure laid down in Article 4 paragraph 2. At present, Special Conservation Areas (SCA) have not been designated yet and the list of the Sites of Community Importance (SCI) has not been adopted yet. However, with reference to proposed Sites of Community Importance, in particular when including priority habitat and species, Member States have certain obligations to act in a way so as to ensure that the aims of the Directive are not jeopardised. Even in the absence of a Community list, Member States are advised to at least abstain from all activities that may cause a proposed site to deteriorate.

The pSCI Basso Garda IT3210018 does not contain priority habitat or species. On the basis of the information given by the Honourable Member, due to a lack of grounds of complaint on the application of Community law, no breach of Directive 92/43/EEC can be identified at present in the specific case.

As regards the road projects mentioned by the Honourable Member (i.e. the superhighway SS 450, from the intersection with the existing SS 11 at Cavalcaselle, to the eastern section of the Peschiera del Garda by-pass, the section linking the village of Rovizza with the western section of the same by-pass and the connection between Gardaland and the A4 motorway by means of a fast 4-lane road), these could be covered by the

Community legislation on Environmental Impact Assessment (EIA) as set out in Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(3).

Not being aware of the situation described by the Honourable Member, the Commission will take the appropriate steps in order to gather detailed information about it and to ensure the observance of Community law.

The Commission would like to stress that Member States are required to ensure that the objectives of the Community legislation on EIA are not circumvented by the splitting of projects. The cumulative effect of projects should be taken into account when, taken together, they are likely to have significant effects on the environment.

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

(2) OJ L 206, 22.7.1992.

(3) OJ L 73, 14.3.1997.