WRITTEN QUESTION E-0234/00 by Luigi Vinci (GUE/NGL) to the Commission. Environmental impact assessment of the Malpensa project.
Date: 2000-02-04
Institutions: European Parliament, Provisional data
Subjects: EIB loan, Italy, airport, competence of the Member States, environmental impact, infringement of EU law

C 374 E/40

Official Journal of the European Communities

EN

28.12.2000

(2000/C 374 E/046)

WRITTEN QUESTION E-0234/00

by Luigi Vinci (GUE/NGL) to the Commission

(4 February 2000)

Subject: Environmental impact assessment of the Malpensa project

Article 8 of Decision No 1692/96/EC (1) of the European Parliament and of the Council of 23 July 1996
stipulates that: (cid:145)When projects are developed and carried out, environmental protection must be taken into
account by the Member States through execution of environmental
impact assessments of projects of
common interest which are to be implemented, pursuant to Directive 85/337/EEC (2) and through the
application of Directive 92/43/EEC (3)(cid:146). The Malpensa 2000 airport project is No 10 in a list of 14 projects
of common interest.

It should be borne in mind that the Malpensa 2000 project predates the above-mentioned directive and it
was only later that it was extended on a scale that would make compliance with the directive compulsory.
However, the directive, which requires the Member States to undertake environmental impact assessment
of the 14 TEN projects, has not been respected by the Italian Government, despite repeated calls by local
bodies and residents living close to Malpensa airport and, above all, despite the fact that this is a condition
for securing funding from the European Union.

Nevertheless, the Malpensa 2000 project has received funding of 400 billion lire from the European
Investment Bank (EIB).

Does the Commission consider that the Italian Government has breached the Community rules on
environmental protection as laid down in Article 8 of Decision No 1692/96/EEC of 23 July 1996?

Accordingly, in line with its powers in the field and in order to safeguard the living conditions and health
of those living close to the airport, will the Commission refuse to authorise increases in air traffic at
Malpensa above and beyond those provided for in the general airport plan that was approved?

Lastly, is the Commission aware of any infringements or irregularities committed by the Italian Govern-
ment and the EIB through failure to comply with the binding conditions laid down in Article 8(1) of the
above-mentioned decision?

(1) OJ L 228, 9.9.1996, p. 1.
(2) OJ L 175, 5.7.1985, p. 40.
(3) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(31 March 2000)

The development consent for the (cid:145)Malpensa 2000(cid:146) project (extension of the existing Malpensa airport) was
granted on 13 February 1987 (Ministry of Transport, Decree No 903), before the expiration of the
deadline for Member States to transpose Council Directive 85/337/EEC of 27 June 1985 on the assessment
of the effects of certain public and private projects on the environment (3 July 1988). The specific legal
requirements regarding an environmental impact assessment (EIA) did not therefore apply.

On the basis of the information available to the Commission, no major changes had been made to the
project (1) (airport infrastructure) since its approval in 1987. According to Directive 85/337/EEC, an EIA
could only be required prior to certain developments of the airport infrastructure (2).

Directive 85/337/EEC cannot be applied retroactively. The fact that the Malpensa project belongs to the
trans-European networks (TEN) cannot be considered sufficient to introduce a derogation to such general
rule, which is a general principle of Community law, confirmed also, with reference to Directive 85/337/
EEC, by the Court of justice on 11 August 1995 in case C-431/92 Commission v. Germany (Grosskrot-
zenburg).

28.12.2000

EN

Official Journal of the European Communities

C 374 E/41

Decision No 1692/96/EC of the Parliament and of the Council of 23 July 1996 on Community guidelines
for the development of the trans-European network does not add any legal obligation in respect to the
application of the EIA Directive. Article 8 states that (cid:145)TEN projects(cid:146) are ruled by and subject to Directive
85/337/EEC. Since such Directive covers all the projects for which the development consent had been
granted after 3 July 1988, there is no legal obligation for Member States to submit projects approved
before 3 July 1988 to the EIA procedure as set out in Directive 85/337/EEC, even if the project concerns
the trans-European networks.

The Commission has no intention to prohibit an increase of traffic at Malpensa airport for environmental
reasons. This issue remains within the competence of the Member States which may adopt specific
operational rules or limit the exercise of traffic rights at Community airports for environmental reasons on
the basis of Article 8.2 or 9 of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for
Community air carriers to intra-Community air routes (3).

(1)

For the purposes of Directive 85/337/EEC,
(cid:145)project(cid:146) means (cid:145)the execution of construction works or of other
installation or schemes; other interventions in the natural surroundings and landscape including those involving
the extraction of mineral resources(cid:146) (Article 1).

(2) Article 2.1 of Directive 85/337/EEC.
(3) OJ L 240, 24.8.1992.

(2000/C 374 E/047)

WRITTEN QUESTION E-0236/00

by Charles Tannock (PPE-DE) to the Commission

(7 February 2000)

Subject: The future of wood-burning ovens

Can the Commission confirm that there are no plans to ban the use of wood-burning ovens such as those
used to cook traditional pizzas?

Answer given by Mr Liikanen on behalf of the Commission

(29 February 2000)

The Commission has no plans to introduce legislation or other measures which may potentially lead to a
ban on wood burning pizza ovens.

Although there have been reports in certain newspapers and other media that new hygiene legislation may
be introduced to this end there is no truth in these reports. Food businesses that are involved in preparing
and cooking pizzas are covered by Council Directive 93/43/EEC of 14 June 1993 on the hygiene of
foodstuffs (1) that was adopted unanimously in June 1993, and which Member States have to implement by
15 December 1995. It requires food equipment in contact with food to be in good condition, clean and
properly maintained. There are no specific measures for pizza ovens.

The Honourable Member is also referred to the Commission(cid:146)s answer to Written Question P-2771/99 (2) by
Mr Mastella.

(1) OJ L 175, 19.7.1993.
(2) OJ C 330 E, 21.11.2000, p. 49.