WRITTEN QUESTION E-0552/00

by Monica Frassoni (Verts/ALE) to the Commission

(29 February 2000)

Subject: Compliance with the environmental protection laws with regard to the Mugello borrow pit

A project has been drawn up for the excavation of a large borrow pit in Galliano di Mugello (Florence province), which will also involve the setting up of a crushing plant for the Bologna-Florence mountain bypass. The site of the pit is not included in any general development schemes or plans.

The Territorial Plan for Provincial Coordination (PTCP) defines the area as a vulnerable area which has already been damaged by flooding and which is still subject to such risks.

The two streams near the site Taviano and Sorcella are subject to the environmental constraints of Law No 431/85 (the so-called Galasso Law) and the scheme would also ruin the Gabbianello ornithological lake project, which is nearing completion and which was funded by public money.

Furthermore, the site is in an area at high risk of earthquakes, as many studies have shown, and the choice of site conflicts with the Italian Ministry of the Environment's rules and guidelines on the choice of location for pits and landfill sites, published in 1993.

Near the area, there is a medieval 13th century bridge which is already in a somewhat precarious state and which is governed by existing laws on the cultural and architectural heritage; there are also several listed historic buildings.

Lastly, the site is in an area of great importance for rural tourism (Regional Council Decision No 104/1989) and even though the Town Council of Barberino voted against the excavation of the pit, the project still seems to be going ahead.

In the light of the above, what action does the Commission intend to take to ensure compliance with the numerous laws on the protection of the environment and the architectural heritage and town planning?

Answer given by Mrs Wallström on behalf of the Commission

(7 April 2000)

The project for the excavation of a large borrow pit in Galliano di Mugello (Florence) mentioned by the Honourable Member, falls within Annex II of both Directive 85/337/EEC(1) on environmental impact assessment (EIA) of certain private and public projects and Directive 97/11/EC(2) which modifies Directive 85/337/EEC.

Directive 85/337/EEC establishes that certain public and private projects which are likely to have significant effects on the environment, by virtue inter alia, of their nature, size or location, are made subject of an assessment with regard to their effects. Classes of projects covered by the directive are listed in the two Annexes. Article 4(2) states: Projects of the classes listed in Annex II shall be made subject to an assessment, in accordance with Articles 5 to 10, where Member States consider that their characteristics so require. Pursuant to Directive 97/11/EC, 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 State, whether the project is to be made subject to an assessment in accordance with Articles 5 to 10.

The EIA legislation of Regione Toscana (Legge Regionale 3 novembre 1998, n. 79) is stricter than the directives and provides that borrow pits are automatically made subject to an EIA procedure. An EIA procedure covers and assesses the environmental aspects mentioned by the Honourable Member. Given the lack of specific grounds of complaint on the application of the EIA procedure to the specific case, no breach of the two mentioned directives can be identified at present.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.