EN Official Journal of the European Union CE 84/415

(2004/C 84 E/0484)

WRITTEN QUESTION P-0494/04

by Carlos Carnero Gonzalez (PSE) to the Commission

(16 February 2004)

Subject: Exemption from the environmental impact assessment by the Government of the Autonomous Community of Madrid, Spain, for work on the M30 motorway

In the Official Journal of the European Communities, the City of Madrid announced the launch of work in June 2004 on 22 sites on the M30 at a cost of EUR 3 500 million. This 32-kilometre-long motorway, with an average daily traffic volume of more than 200 000 vehicles, passes through an area that is environmentally sensitive (Directive 97/1l/CE (1)), owing to its population density and high concentration of pollution. The plans for these roadworks are being drawn up without any overall study into the environmental aspects and without carrying out an environmental impact assessment, which the Government of the Autonomous Community of Madrid seems to view as unnecessary, given that it is negotiating an exemption.

Is the Commission aware of these facts? Does it intend to request information from the competent authorities in Spain? Does it consider that the exemption of the works from an environmental impact report is in compliance with Community law? What measures does it intend to take to ensure that Community law is observed?

Answer given by Mrs Wallström on behalf of the Commission

(17 March 2004)

The Honourable Member refers to proposed works on the M30 motorway in Madrid and asks whether these can be exempted from environmental impact assessment (EIA) by the Government of the Autonomous Community of Madrid, Spain.

Council Directive 85/337/EEC of 27 June 1985 (2), as amended by Council Directive 97/11/EC of 3 March 1997 (the EIA Directive) deals with the environmental assessment of certain public and private projects and 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 their environmental effects. The EIA Directive contains two Annexes. Project types such as motorways are found in Annex I for which a mandatory EIA has to be carried out. Other roads or changes or extension of existing motorways fall under Annex II which leaves the Member States and their competent authorities to determine whether an EIA is required. The determination must be based on criteria specified in the Directive. EIA is required if the project is likely to have significant effects on the environment.

Article 2(3) permits Member States to exempt specific projects in whole or in part from EIA but only in exceptional circumstances and provided they inform the Commission in advance and comply with certain other requirements.

As the project is not the subject of Community co-financing, the Commission was not aware of the issue brought to its attention by the Honourable Member. It will, therefore, write to the Spanish authorities in order to ask for information on this matter and to enable it to assess the situation.

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

(2) OJ L 175, 5.7.1985.