WRITTEN QUESTION E-0234/00

by Luigi Vinci (GUE/NGL) to the Commission

(4 February 2000)

Subject: Environmental impact assessment of the Malpensa project

Article 8 of Decision No 1692/96/EC(1) of the European Parliament and of the Council of 23 July 1996 stipulates that: When projects are developed and carried out, environmental protection must be taken into account by the Member States through execution of environmental impact assessments of projects of common interest which are to be implemented, pursuant to Directive 85/337/EEC(2) and through the application of Directive 92/43/EEC(3). The Malpensa 2000 airport project is No 10 in a list of 14 projects of common interest.

It should be borne in mind that the Malpensa 2000 project predates the above-mentioned directive and it was only later that it was extended on a scale that would make compliance with the directive compulsory. However, the directive, which requires the Member States to undertake environmental impact assessment of the 14 TEN projects, has not been respected by the Italian Government, despite repeated calls by local bodies and residents living close to Malpensa airport and, above all, despite the fact that this is a condition for securing funding from the European Union.

Nevertheless, the Malpensa 2000 project has received funding of 400 billion lire from the European Investment Bank (EIB).

Does the Commission consider that the Italian Government has breached the Community rules on environmental protection as laid down in Article 8 of Decision No 1692/96/EEC of 23 July 1996?

Accordingly, in line with its powers in the field and in order to safeguard the living conditions and health of those living close to the airport, will the Commission refuse to authorise increases in air traffic at Malpensa above and beyond those provided for in the general airport plan that was approved?

Lastly, is the Commission aware of any infringements or irregularities committed by the Italian Government and the EIB through failure to comply with the binding conditions laid down in Article 8(1) of the above-mentioned decision?

(1) OJ L 228, 9.9.1996, p. 1.

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

(3) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(31 March 2000)

The development consent for the Malpensa 2000 project (extension of the existing Malpensa airport) was granted on 13 February 1987 (Ministry of Transport, Decree No 903), before the expiration of the deadline for Member States to transpose Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (3 July 1988). The specific legal requirements regarding an environmental impact assessment (EIA) did not therefore apply.

On the basis of the information available to the Commission, no major changes had been made to the project(1) (airport infrastructure) since its approval in 1987. According to Directive 85/337/EEC, an EIA could only be required prior to certain developments of the airport infrastructure(2).

Directive 85/337/EEC cannot be applied retroactively. The fact that the Malpensa project belongs to the trans-European networks (TEN) cannot be considered sufficient to introduce a derogation to such general rule, which is a general principle of Community law, confirmed also, with reference to Directive 85/337/EEC, by the Court of justice on 11 August 1995 in case C-431/92 Commission v. Germany (Grosskrotzenburg).

Decision No 1692/96/EC of the Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European network does not add any legal obligation in respect to the application of the EIA Directive. Article 8 states that TEN projects are ruled by and subject to Directive 85/337/EEC. Since such Directive covers all the projects for which the development consent had been granted after 3 July 1988, there is no legal obligation for Member States to submit projects approved before 3 July 1988 to the EIA procedure as set out in Directive 85/337/EEC, even if the project concerns the trans-European networks.

The Commission has no intention to prohibit an increase of traffic at Malpensa airport for environmental reasons. This issue remains within the competence of the Member States which may adopt specific operational rules or limit the exercise of traffic rights at Community airports for environmental reasons on the basis of Article 8.2 or 9 of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes(3).

(1) For the purposes of Directive 85/337/EEC, project means the execution of construction works or of other installation or schemes; other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources (Article 1).

(2) Article 2.1 of Directive 85/337/EEC.

(3) OJ L 240, 24.8.1992.