WRITTEN QUESTION E-0727/00

by Inger Schörling (Verts/ALE) to the Commission

(17 March 2000)

Subject: Infringement of Directives 85/337/EC and 97/11/EC

Since 1994 there have been plans in the county of Blekinge (Sweden) to construct a road through the Rolandshav, a wetland area deserving protection whose natural value would be wholly or partially destroyed by the building of such a road.

In December a complaint was brought before the Commission against the Blekinge county council for lack of transparency, objective review and quality control in the application of Directive 85/337/EC(1) (as amended by Directive 97/11/EC(2)). The complaint was also directed against the Ministry of Industry and Commerce for its uncritical acceptance of a work plan for the construction of the road.

The complainant considers that the environmental impact assessments on which the decision was based were faulty in a number of respects, and that the decision as taken cannot be considered correct. The complainant further maintains that the environmental impact assessment did not meet the requirement for relevant data, nor did it identify, describe or assess the direct or indirect impact of the road construction on the eco-system within the area of countryside affected. (In the material which has been made public there are in fact downright inaccuracies. The information material stated that the University of Lund was responsible for the assessment of natural values in the environmental impact assessment, whereas the University of Lund was not even involved in the assessment).

What progress has the Commission made in dealing with this case, and what measures can it take?

What penalties can the Commission impose if Sweden continues to apply Directives 85/337/EC and 97/11/EC on environmental impact assessments in an incorrect manner?

(1) OJ L 175, 5.7.1985, p. 40.

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

Answer given by Mrs Wallström on behalf of the Commission

(13 April 2000)

In response to this complaint, the Commission is conducting an investigation in order to assess whether the relevant Community environmental legislation has been complied with. The investigation concerns the allegations made by the complainant relating to the content of the environmental impact assessment carried out and the information which has been provided to the public. As further information is required, the Commission has requested the observations of the Swedish authorities on this matter.

The Commission has no competence to issue any sanctions against Member States for infringements 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 as amended by Directive 97/11/EC. Without prejudging its assessment of the case in question, the Commission may open infringement proceedings against a Member State for violation of Community law(1). If a Member State does not take the necessary measures to comply with a judgment of the Court of justice in such a case, the Commission shall after giving that Member State the opportunity to submit its observations, issue a reasoned opinion specifying the points on which the Member State concerned has not complied with the judgment. If the Member State fails to take the necessary measures to comply with the judgment within the time-limit laid down by the Commission, the latter may bring the case before the Court again. In so doing, it shall specify the amount of the lump sum or penalty payment to be paid by the Member State concerned. If the Court finds that the Member State has not complied with its judgment it may impose a lump sum or penalty payment(2).

(1) Article 226 EC Treaty (ex-Article 169).

(2) Article 228 EC Treaty (ex-Article 171).