WRITTEN QUESTION No. 3410/97 by Roberta ANGELILLI to the Commission. Request for information from the Italian authorities concerning projects for the construction of a number of public works in Rome
Date: 1997-10-28
Institutions: ANGELILLI, European Parliament
Subjects: Latium, application of EU law, competence of the Member States, environmental impact, infringement procedure (EU), regional government, underground railway, urban construction

C 158/104

EN

Official Journal of the European Communities

25. 5. 98

The matter is currently being examined, so the Commission has not yet adopted a position on this complaint.

In view of the above, the Commission regrets to inform the Honourable Member that it is not in a position to
answer  the  questions  raised  about  the  privatisation  of  this  company  until  it  has  adopted  an  opinion  on  the
above-mentioned complaint.

(98/C 158/136)

WRITTEN QUESTION E-3410/97

by Roberta Angelilli (NI) to the Commission

(28 October 1997)

Subject: Request  for  information  from  the  Italian  authorities  concerning  projects  for  the  construction  of  a

number of public works in Rome

In  its  answer  to  Written  Question  E-1971/97 (1)  the  Commission  said  that  with  regard  to  the  projects  for  the
construction  of  the  underground  line  C  and  the  (cid:145)Castelletto-Largo  Argentina(cid:146)  tram  line  in  Rome,  the  Italian
authorities had not yet replied to a request for information sent by the Commission itself in connection with
failure to comply with the environmental impact assessment procedure laid down in Directive 85/337/EEC (2). In
the  meantime,  although  the  first  requests  date  back  more  than  a  year,  in  both  cases  work  has  gone  ahead  in
accordance with the original projects.

In view of this, can the Commission say:

1.  what it thinks of the attitude of the Italian authorities, who for months now have been incomprehensibly

silent;

2.  what  it  thinks  of  the  fact  that,  despite  repeated  requests,  the  work  has  gone  ahead  without  even  an

explanation from the Italian authorities;

3.  what other steps the Commission intends to take to secure, if not compliance with Community law, at least

an explanation from Rome City Council, which is responsible for both projects?

(1)  OJ C 45, 10.2.1998, p. 131.
(2)  OJ L 175, 5.7.1985, p. 40.

Answer given by Mrs Bjerregaard on behalf of the Commission

(4 December 1997)

The Commission is responsible for ensuring that Community law is complied with in the Member States. The
Commission therefore instituted infringement proceedings against Italy for the failure of Italian legislation to
comply with Council Directive 85/337/EEC on environmental impact assessments (EIA). Italian legislation does
not provide for an initial examination to establish whether or not it is necessary to subject projects covered by
Annex II of the Directive in question to an EIA. Unlike the projects covered by Annex I which are, by definition,
all subject to an EIA, these projects are only required to undergo an environmental impact assessment if, by their
nature, size or location, they have a significant impact. The projects mentioned by the Honourable Member fall
into the category in point 10(g) of the aforementioned Directive.

Further to the request to the Italian authorities for information on the projects mentioned in Written Question
E-1273/97 by Mrs Angelilli (1), the authorities in question have pointed out that these projects come under the
regional jurisdiction. The regions must in fact ensure compliance with the Presidential Decree of 12 April 1996,
the (cid:145)Steering and Co-ordinating Act for the purpose of applying Article 40(1) of the law of 22 February 1994,
No 146(cid:146), which stipulates that the authorities must ensure, amongst other things, that local and regional railway,
tram and metro line projects do not have features which, by their nature, size or location, require them to undergo
an EIA.

The abovementioned infringement proceedings will take into account the regional aspects as the regions have not
yet adopted the legislation in question.

(1)  OJ C 367, 4.12.1997.