WRITTEN QUESTION E-1617/02

by Luigi Vinci (GUE/NGL) to the Commission

(6 June 2002)

Subject: The third satellite at Malpensa airport (Milan, Italy)

The construction of a third satellite at Milan's Malpensa airport blatantly infringes the directive on environmental impact assessment. The Italian Government, via a letter dated 7 February 2002 from ENAC (the national civil aviation authority), registered as No 20439/S.P/M7, addressed to the Italian Permanent Representation in Brussels, claims that the third satellite does not need to be subjected to an environmental impact assessment because the extension of the airport is included in the areas and the associated volumes of traffic already authorised by the PRG (General Regulatory Plan) of 1985. However, in a note dated 9 April 2002 (registered as No 4124) the mayors and people's committees in the areas affected denounce this position as misleading, because in actual fact the building site is much larger than that authorised by the PRG in 1985, as regards both the airport and the other facilities (runways and parking areas).

What assessments has the Commission made on the documentation and opinions of the mayors and people's committees in the areas concerned, which testify to serious infringements of European law, in particular the directives on environmental impact assessment?

Furthermore, the company SEA, which manages Milan's airports, has refused access to information concerning the extension of the airport as regards at least two projects (file number 582/3/01 of September 2001 and the one of June 2001, or projects 003-11000 and 006-Info 1). Does the Commission not consider that this behaviour is incompatible with Directive 90/313/EC(1) on the freedom of access to information on the environment?

Finally, the company SEA has already issued, without a prior environmental impact assessment, a call for tenders for the contracts (projects ex L.109/94) with a deadline of 30 June 2002. Does the Commission not consider that the failure to carry out an environmental impact assessment invalidates the call to tender?

(1) OJ L 158, 23.6.1990, p. 56.

Answer given by Mrs Wallström on behalf of the Commission

(18 July 2002)

According to Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1) and 97/11/EC of 3 March 1997(2) which has modified Directive 85/337/EEC, Member States are obliged to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects. Projects covered by the Directive are identified in the annexes. The Commission has the task of ensuring the correct application of Community law and, therefore, in this case, of assessing whether the Community legislation on the environmental impact assessment (EIA) has been correctly applied in the Member State concerned.

On the basis of the information given by the Honourable Member, the work to which the question makes reference, a project for a new building, known as the third satellite, at Milan's Malpensa Airport, which will deal with the terminal's aircraft docking systems, as well as all passenger and freight loading and unloading operations is different from the main Malpensa project approved in 1987 and could fall either into class 12 Modifications to development projects included in Annex I of Annex II of Directive 85/337/EEC prior to the amendments or into class 13 Any change or extension of projects listed in Annex I or Annex II, already authorized, executed or in the process of being executed, which may have significant adverse effects on the environment of Annex II of Directive 85/337/EEC, as modified by Directive 97/11/EC.

Under Directive 85/337/EEC prior to the amendments, projects falling into Annex II are to be made subject to an EIA where Member States consider that their characteristics so require. However, Member States are considered to be obliged to make a pre-assessment in order to establish whether Annex II projects need to be made subject to an EIA procedure. Under Directive 85/337/EEC, as modified, for Annex II projects, Member States are obliged to determine through a case-by-case examination or thresholds or by the setting of criteria whether the project shall be made subject to an assessment in accordance with Articles 5 to 10.

The Commission has already opened a complaint on the project and two letters have been sent to the Italian authorities to request information on the issue. The case is under assessment and the Commission will take appropriate steps in order to ensure the observance of Community law. After examining the case, should the Commission consider that a breach of Community law has occurred, an infringement procedure could be started.

As regards the application of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment, the information given by the Honourable Member is not sufficiently detailed. Due to a lack of grounds of complaint on the application of Directive 90/313/EEC, no breach of the Directive mentioned above can be identified at present.

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.