WRITTEN QUESTION E-1283/96 by Luigi Vinci (GUE/NGL) to the Commission (24 May 1996)

Subject: Construction of the Segrate-Lacchiarella transport/transfer centre

The construction of the Segrate-Lacchiarella transport/transfer centre is the subject of a Programme Agreement between the Italian Ministry of Transport, the Lombardy Region and the Italian State Railways;

the construction work was contracted to IMS SpA, a company in which the state is a majority shareholder, for the investment sum of Lit 65 billion, in accordance with Article 9 of Italian Law No 240/90;

studies carried out by IMS Spa confirm that construction of the transport/transfer centre would transform the entire economic and regional development of the Lacchiarella area and of the South-Milan Park, established in accordance with Framework Law No 394/1991 on protected zones and the areas which border them;

1. Does the Commission not consider that the construction of this transport/transfer centre would breach Community environmental legislation, as feared by the representatives of the municipalities concerned and the Province of Milan, who believe that the guarantees concerning the suitability of the location and the centre's environmental impact are inadequate?

2. Can the Commission say whether the procedure for contracting the work to construct the Segrate-Lacchiarella transport/transfer centre was carried out in accordance with Community legislation on free competition and the Community procedures for awarding public-works contracts?

Answer given by Mrs Bjerregaard on behalf of the Commission (19 July 1996)

The Commission was not aware of the facts referred to by the Honourable Member.

Judging by the Honourable Member's information, the construction project in question needs to be assessed in accordance with Directive 85/337/EEC on environmental impact assessment ((OJ L 175, 5.7.1985.)) and, if necessary, Directive 92/43/EEC on the protection of habitats. ((OJ L 206, 22.7.1992.)) It should also be established whether Directive 71/305/EEC, ((OJ L 185, 16.8.1971.)) amended by Directive 89/440/EEC ((OJ L 210, 21.7.1989.)) and consolidated in Directive 93/37/EEC concerning the coordination of procedures for the award of public works contracts, ((OJ L 199, 9.8.1993.)) and Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts ((OJ L 209, 24.7.1992.)) are applicable in this case. If they are, the conditions in which they have been applied will need to be examined.

To approach the Italian authorities usefully, the Commission would need further information regarding:

- the type of work involved and its characteristics;

- the studies referred to in the Honourable Member's Written Question;

- any other technical and legal assessment by the representatives of the municipalities concerned or of the Province of Milan regarding the environmental impact of the project;

- the characteristics of the protected zones in the Lacchiarella area and the South-Milan Park, depending on whether Directive 92/43/EEC on the protection of habitats is applicable;

- the text of the Programme Agreement between the Italian Ministry of Transport, the Lombardy Region and the Italian State Railways;

- details of the procedure whereby IMS SpA was selected to carry out the work (including the legal basis, the nature of the procedure, the identity of the awarding authority, the selection and awarding criteria, and the procedure launch and award dates).