EN Official Journal of the European Union CE 78/819

(2004/C 78 E/0871)

WRITTEN QUESTION E-3481/03

by Richard Corbett (PSE) to the Commission

(24 November 2003)

Subject: ‘Valdastico Sud’ motorway

Is the Commission aware of the proposed ‘Valdastico Sud’ motorway that the Italian Government proposes to build through from Vicenza to Badia Polesine, near Rovigo, with devastating effect on a World Heritage site?

Does the Commission consider that European legislation on environmental impact assessment has been complied with in this case? Is it aware that the original assessment of the Italian Environment Commission was negative, following which Mr Berlusconi' government, by decree of 19 September 2002, replaced 23 of its 36 members, leading to a positive assessment of the plan on 18 December 2002?

Finally can the Commission confirm that the project has no interest from the perspective of trans-European transport networks?

Answer given by Mrs Wallström on behalf of the Commission

(22 January 2004)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (EIA Directive) as amended by Directive 97/11/EC of 3 March 1997 (1) provides that Member States must ensure that, before development 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 an assessment of the environmental effects. These projects are defined in Article 4, which refers to Annexes I and II to the Directive. The construction of motorways appears in Annex I point 7(b), which means that an environmental impact assessment (EIA) must be carried out.

In such a case, the Italian authorities should take measures to ensure that an environmental impact assessment procedure is carried out which includes (a) a description of the aspects of the environment likely to be significantly affected by the proposed project, such as archaeological heritage, landscape, population (as per Article 5 and Annex IV), (b) consultations with the public and other competent authorities responsible for the environment and (c) publication of the decision containing conditions attached to the development consent, the main reasons and considerations on which the decision is based and a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects. The result of the consultations and the information gathered pursuant to Articles 5 and 6 must be taken into consideration in the development consent procedure.

The fact that the project in question is likely to have a negative impact on the environment (including landscape and historic heritage) is not, under the Directive, an obstacle to granting the development consent, provided the procedural requirements of the Directive are complied with. Once an environmental impact assessment has been carried out in accordance with the Directive, the decision as to whether to grant development consent is at the discretion of the competent authority of the Member State.

The Commission has already looked into the matter raised by the Honourable Member and found no evidence of any breach of the Directive in this specific case. The fact that the Italian Government replaced 23 of the 26 members of the Commission in charge of delivering an opinion on the project and that, subsequently, that Commission approved the project, does not represent a breach of Directive 85/337/EEC as amended.

The Commission can confirm that as the project does not form part of the trans-European transport network it does not qualify for any co-financing from the TEN-T budget.

(1) OJ L 73, 14.3.1997.