WRITTEN QUESTION E-1516/99 by Cristiana Muscardini (UEN) to the Commission. Noise pollution from Malpensa 2000 airport.
Date: 1999-09-01
Institutions: European Parliament, Provisional data
Subjects: Italy, air traffic, airport, environmental protection, infringement of EU law, noise pollution, principle of proportionality, quality of life, transport infrastructure

8.8.2000

EN

Official Journal of the European Communities

C 225 E/3

(2000/C 225 E/003)

WRITTEN QUESTION E-1516/99

by Cristiana Muscardini (NI) to the Commission

(1 September 1999)

Subject: Noise pollution from Malpensa 2000 airport

1.
Can the Commission say whether or not the dispute between it and the Italian authorities responsible
for running Malpensa airport also relates to the issue of noise pollution caused by arriving or departing
aircraft which overfly residential areas at low altitude?

If it does, has the Commission any information which would enable it to assess the extent to which

2.
the quality of life is diminished in the residential areas concerned?

If so, have any proposals been draw up with a view to alleviating the problem and to ensuring that
3.
the people affected enjoy an acceptable quality of life during the day and, more particularly, during the
night?

4. With regard to the question of transferring the remaining flights from Linate airport, should the
probable increase in noise pollution stemming from the possible increase in the number of flights not also
be taken into account?

Under European environmental law, has the EU any powers and responsibilities relating to noise

5.
pollution?

Answer given by Mrs de Palacio on behalf of the Commission

(21 October 1999)

The litigation before the Court of justice was introduced by the Italian authorities against the Commission(cid:146)s
decision of 16 September 1998 disapproving Italian decree of 5 July 1996 and 13 October 1997 requiring
transfer of all traffic from Linate to Malpensa on 28 October 1998 with the exception of the Milan-Rome
route. Such decision was found to be contrary to Community law for violation of the principle of non
discrimination and the principle of proportionality. The Italian authorities replaced the litigious decree by a
new decree allowing 34 % of European flights to remain at Linate for a temporary period until access
infrastructures are improved.

When adopting such measures, Member States must respect all elements of Community law including
Community rules adopted in the environmental sector. In the area of aircraft noise, the Community has
adopted a number of directives, the latest being Council Directive 92/14/EEC of 2 March 1992 on the
limitation of the operation of aeroplanes convered by Part II, Chapter 2, Volume 1 of Annex 16 to the
Convention on International Civil Aviation, second edition (1988) (1) which provides that Member States
must no longer accept so-called chapter 2 aircraft after 1 April 2002. Existing Community legislation
allows Member States to adopt specific operating rules for environmental purposes at Community airports.
The Commission is not aware of Italian authorities having adopted such legislation for the Milan airport
system.

The Commission is, however, analysing the appropriateness of a Community framework for operating
rules at airports targeting the environmental impact. It will present the outcome of this assessment in due
course.

(1) OJ L 76, 23.3.1992.

(2000/C 225 E/004)

WRITTEN QUESTION P-1548/99

by Cristiana Muscardini (NI) to the Commission

(1 September 1999)

Subject: Articles of precious metals

In October 1993 the Commission recognized that it was not possible to achieve mutual recognition of
national practices and submitted a proposal for a directive seeking to harmonize Member State legislation
on articles of precious metals (COM(93) 322 final) (1). It is now five years since the proposal for a directive
was brought forward.