WRITTEN QUESTION No. 2908/98 by Edith MÜLLER to the Commission. Non-implementation of Directive 85/337/EEC on the assessment of environmental effects in part of a Member State
Date: 1998-09-18
Institutions: European Parliament, MUELLER EDITH
Subjects: Court of Justice of the European Union, European Commission, Germany, environmental impact, impact study, infringement procedure (EU), mining extraction, unification of Germany

C 142/56

Official Journal of the European Communities

EN

21.5.1999

(1999/C 142/067)

WRITTEN QUESTION P-2908/98

by Edith Müller (V) to the Commission

(18 September 1998)

Subject: Non-implementation of Directive 85/337/EEC on the assessment of environmental effects in part

of a Member State

In its answer to Written Question P-2070/95 (1) the Commission stated that the provision laid down in the
German Unification Treaty that no environmental impact assessment had to be carried out for mining
projects if the authorization procedure for such projects had already commenced by 3 October 1990 was
incompatible with Directive 85/337/EEC (2). The Commission also indicated that it had taken formal steps
against Germany.

1. What kind of steps were taken against Germany?

2. What stage has been reached in the procedure and what further action is likely, especially with regard
to the case of the Heuersdorf brown coal opencast mine?

3.

How long is it expected to take to deal with this matter?

4. What measures will the Commission take if Germany does not comply with the demands within the
prescribed period?

5.

Does the Commission know of similar cases, and how were they dealt with?

(1) OJ C 273, 18.10.1995, p. 52.
(2) OJ L 175, 5.7.1985, p. 40.

Answer given by Mrs Bjerregaard on behalf of the Commission

(23 October 1998)

As stated in the reply to Written Question P-2070/95 by Mrs Schroedter (1), the Commission takes the
view that the German legislation is not in conformity with 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 regards inter
alia the transition clause set up by the German legislation to transpose the Directive. The Commission
therefore opened infringement proceedings against Germany in 1992. The Commission brought the matter
before the Court of justice on 20 September 1995. The Court has not yet taken a decision.

Given that the case is still pending the Commission does not have any further information concerning this
matter.

If the Court finds that Germany has failed to fulfil its obligation under Directive 85/337/EEC, Germany,
according to Article 171 of the EC Treaty, will have to take the necessary measures to comply with the
judgement of the Court.

The Commission is not aware of other cases where national legislation provides for transitional legislation
of Member States with respect to the implementation of Directive 85/337/EEC.

(1) OJ C 273, 18.10.1995.

(1999/C 142/068)

WRITTEN QUESTION E-2909/98

by Ian White (PSE) to the Commission

(2 October 1998)

Subject: Waste incineration plant at Casares

Has the Commission yet received a reply from the Spanish Government concerning the proposed
municipal waste incineration plant and to the Commission’s concern to ensure that waste going to the
plant and dump would be disposed of without danger to human health and environment?