WRITTEN QUESTION P-2719/01

by Marco Formentini (ELDR) to the Commission

(26 September 2001)

Subject: Possible breach of Directive 92/43/EEC

Serious tension has arisen in the Carrosio and Gavi areas in the province of Piemonte owing to plans to start mining work that would result in:

- the destruction of the springs which feed the aqueducts supplying drinking water to the whole of the municipality of Carrosio and part of that of Gavi;

- and the construction of a collection point for a replacement aqueduct in the Capanne di Marcarolo nature park.

The above work appears to have been approved at regional level in clear breach of a series of provisions laid down by the Italian government and by the regional authorities themselves.

Given that the work is likely to start in the near future and that, once started, any damage caused will be difficult if not impossible to reverse, does the Commission intend to look into the matter and approach the Piemonte regional authorities with a view to preventing the destruction which the local population and the local authorities are so worried about?

Might not Directive 92/43/EEC(1) have been breached in this instance?

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

Answer given by Mrs Wallström on behalf of the Commission

(22 October 2001)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), establishes that projects which are likely to have significant effects on the environment, by virtue of their nature, size or location, are made subject of an assessment of their effects (EIA, environmental impact assessment). Classes of projects covered by the Directive are listed in the two annexes. Projects listed in Annex I require an EIA procedure. Under Article 4(2), projects of the classes listed in Annex II are made subject to an EIA, where Member States consider that their characteristics so require.

Pursuant to Council Directive 97/11/EC of 3 March 1997 which has modified Directive 85/337/EEC(2), for projects listed in Annex II, Member States are obliged to determine, through a case-by-case examination, or thresholds or criteria set by the Member States, whether the project is to be made subject to an EIA. However, projects whose requests for development consent were submitted to a competent authority before 14 March 1999 are governed by the provisions of Directive 85/337/EEC prior to the amendments.

On the basis of the information given by the Honourable Member, the work to which the question makes reference could fall either into the scope of paragraph 2 (extractive industry) of Annex II of Directive 85/337/EEC prior to the amendments, into paragraph 19 (Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction, where the surface of the site exceeds 150 hectares) of Annex I of Directive 85/337/EEC, as modified by Directive 97/11/EC, or paragraph 2 (extractive industry) of Annex II of Directive 85/337/EEC, as modified by Directive 97/11/EC.

In addition, on the basis of the information provided by the Honourable Member, it appears that the project could be likely to have a significant effect on certain sites covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

Under Article 6, paragraph 3, of Directive 92/43/EEC, with reference to the sites which, according to the procedure laid down by the Directive, will be listed as Sites of Community Importance (SCI) and which will be designated as Special Areas of Conservation (SAC) any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives.

However, at present, the above mentioned provision is not fully binding. The procedure mentioned, which provides that SCIs are chosen from a list of proposed Sites of Community Importance (pSCI), and then designated as SACs, has not been concluded. The sites presently covered by the directive, included those mentioned by the Honourable Member, are still at the stage of proposed sites (pSCI). With reference to pSCIs, Member States have certain obligations to act in a way so as to ensure that the aims of the Directive are not jeopardised. In particular, they are advised to at least abstain from all activities that may cause a proposed site to deteriorate.

In the specific case, 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, within the limits conferred on it by the EC Treaty, the observance of Community law.

Should the Commission be informed that Community law is being breached in the specific case, it would not hesitate, as the guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 (ex Article 169) of the EC Treaty, in order to ensure the observance of relevant Community law.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.