WRITTEN QUESTION E-0677/01

by Monica Frassoni (Verts/ALE) to the Commission

(8 March 2001)

Subject: Alternative routing of the SS 11 road through the communes of Peschiera and Castelnuovo (Verona), Italy

At the end of December last year the unified conference responsible for deciding on the three-year plan of measures for ANAS (National Roads Authority) budgeted more than ITL 23 billion for the completion of the alternative route for the SS 11(1). This road consists of two sections: the first links 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 second links the village of Rovizza with the western section of the same by-pass. This means that the Peschiera and Castelnuovo area, which already has the A4 motorway, the Milan-Venice railway and the planned high-speed railway line going through it, will be subjected to the impact of a new road. The new route for the SS 11 the two sections of which have a total length of around 7 km is a sad example of circumvention of legislation on environmental impact assessment. Whilst it is true that each individual section is shorter than the limit laid down in regional law, the two sections together are longer and will therefore have a significant impact on the two villages, in particular their outskirts, and on the quality agricultural land where the DOC wine Lugana is produced. Furthermore, it would pass alongside the site SCI IT3210003, the Laghetto di Frassino(2). The local committees opposing the project(3) advocate, as an alternative solution, extending the superhighway SS 450, also from the intersection with the existing SS 11 in the village of Cavalcaselle, to join the A4 motorway 800 metres farther south, with a barrier for the collection of the motorway toll. This small-scale project would solve almost all the transport problems around the southern half of Lake Garda. They have also suggested making the Desenzano-Sommacampagna section of the A4 motorway free and turning it into the southern by-pass for Lake Garda(4).

Can the Commission ensure that the project in question will be subjected to checks and, possibly, an environmental impact assessment, bearing in mind the adverse impact of the present and planned infrastructure for the Peschiera and Castelnuovo area, the residential districts and the SCI site Laghetto del Frassino?

Can the Commission endeavour to ensure that the possibility of making the Desenzano-Sommacampagna section of the A4 motorway free is put forward, in view of the fact that proceedings for infringement of Community law are under way concerning the extension of the concession held by the company managing the Brescia-Padua section of the A4 motorway? Does the Commission not consider that the renewal of the concession without a call to tender being issued constitutes a restriction of public transport policy?

(1) This allocation is in addition to the more than ITL 12 billion already earmarked by the Veneto Region for the first section.

(2) The SCI site is immediately north of the SS 11, the new route for the SS 11 and the Milan-Venice motorway and to the south of the A4 motorway and the new high-speed railway line. The five infrastructures will be concentrated in a strip of land 2 km wide.

(3) These committees have collected 700 signatures in Peschiera and 300 in Cavalcaselle over the last few years.

(4) Extending the SS 11 from the village of Rovizza towards Peschiera would, on the other hand, be likely to attract heavy goods vehicles, which would thereby avoid a stretch of motorway where they have to pay a toll, thus creating an intolerable situation for the residential areas.

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.