WRITTEN QUESTION P-0564/02

by Monica Frassoni (Verts/ALE) to the Commission

(21 February 2002)

Subject: Environmental impact study in respect of the Valtrompia motorway

By means of its decision VII/7866 of 25 January 2002 the Lombardy Regional Government declared the Valtrompia motorway to be environmentally compatible and endorsed the investigative report as an integral and substantive part of that decision.

However, the environmental impact study drawn up by the promoter (the Autostrada Brescia-Verona-Vicenza-Padova company) fails to include basic information. In particular, it gives no consideration to possible alternatives to the proposed project, as is required under Directive 97/11/EC(1).

Furthermore, completely absent from the environmental impact assessment is a study on the emission into the atmosphere of the fumes issuing from the flues used to ventilate the tunnels, which are of a considerable length. (Valtrompia is so narrow that much of the route followed by the motorway passes through tunnels). There are not even any filters fitted to remove dust and fumes from the air.

In general there are major failings where air quality is concerned. This is a serious matter in view of the fact that the region has a high level of exposure to dust a state of affairs which has on several occasions led to the imposition of a ban on urban traffic. No study is to be carried out into the cumulative and long-term effects of the project on air quality (Annex IV of Directive 97/11).

The Commission has already launched an inquiry to investigate an alleged infringement of Community rules relating to the internal market, in view of the fact that no European public tender was held for the purpose of awarding the franchise for the building of the motorway (see question E-4047/00(2)).

Does the Commission not think that it should intervene in order to ensure that an environmental impact study is carried out which fully meets the requirements of the directive on environmental impact assessment?

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

(2) OJ C 174 E, 19.6.2001, p. 220.

Answer given by Mrs Wallström on behalf of the Commission

(22 March 2002)

The project mentioned by the Honourable Member is covered by category 7 (construction of motorways and express roads) of Annex I of 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) whether before or after being amended by Council Directive 97/11/EC of 3 March 1997(2).

Under Directive 85/337/EEC, whether before or after amendment by Directive 97/11/EC, projects falling within Annex I are to be made subject to an environmental impact assessment which should identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with the Articles 4 to 11, the direct and indirect effects of a project on the following factors: human beings, fauna and flora; soil, water, air, climate and the landscape; material assets and the cultural heritage. In addition, the information to be provided by the developer under Article 5, paragraph 1, should include (where appropriate, under Directive 85/337/EEC before the amendments, and always under Directive 85/337/EEC as amended) an outline of the main alternatives studied by the developer himself and an indication of the main reasons for his choice, taking into account the environmental effects.

In the specific case, 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, within the limits conferred on it by the EC Treaty, the observance of Community law.

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

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.