WRITTEN QUESTION E-0008/02

by Monica Frassoni (Verts/ALE) to the Commission

(17 January 2002)

Subject: Mine prospecting permits in Sardinia and environmental impact assessments

On 15 November 2001 the Sardinia Autonomous Region issued yet another permit (see my previous question of 19 March 2001) for mine prospecting activities (bentonite) covering an area of 670 ha. in the area of special archaeological value of Is Bangius (Gonnesa commune, Cagliari) to the Argilliti srl company.

This prospecting permit was issued without an environmental impact assessment having been carried out, as required under Annex I, point 19 of Directive 97/11/EC(1) and the resulting Italian legislation (Article 1(1)(u) of the Presidential Decree of 11 February 1998), and this case,

like so many previous cases, was reported to the national, Community and regional authorities by the environmental organisations Friends of the Earth and the Legal Intervention Group.

The Commission:

- Is it aware of the above?

- Will it check whether environmental impact assessment requirements have been respected in the above case?

- Is it prepared to take the necessary measures in this respect?

- Is Community funding to be granted to the above mining activities?

(1) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(28 February 2002)

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 to an assessment of their effects (environmental impact assessment EIA). 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 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(2), for projects listed in Annex II, Member States are obliged to determine through a case-by-case examination or on the basis of thresholds or criteria set by the Member States whether the project is to be made subject to an EIA. However, projects where requests for development consent were submitted to an 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 refers could fall either under the scope of paragraph 2 (extractive industry) of Annex II to Directive 85/337/EEC prior to the amendments, 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 to Directive 85/337/EEC, as amended by Directive 97/11/EC, or paragraph 2 (extractive industry) of Annex II to Directive 85/337/EEC, as amended by Directive 97/11/EC.

In the specific case, as it is not 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 Treaty, compliance with Community law.

Should the Commission receive information that Community law is being breached in the specific case, it will not hesitate, as the guardian of the Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure compliance with the relevant Community law.

According to the information received from the Italian authorities, the mine prospecting referred to by the Honourable Member does not benefit from Community funding but from national funds granted under Italian law No 752/82.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.