WRITTEN QUESTION P-1837/00 by Monica Frassoni (Verts/ALE) to the Commission. Construction of an underground railway in Brescia, Italy.
Date: 2000-05-31
Institutions: European Parliament, Provisional data
Subjects: Italy, Lombardy, application of EU law, environmental impact, town planning, underground railway

20.3.2001

EN

Official Journal of the European Communities

C 89 E/93

Direct administrative and financial management by the Commission of the Interprise programme has
stopped. No extension of the deadlines is planned at present. However, the Commission is willing to
examine with the Member States how to ensure that a programme of this kind can continue without direct
management by the Commission.

(1) OJ C 134, 13.5.2000.
(2) Commission Communication of 26 April 2000, (cid:145)Challenges for enterprise policy in the knowledge-driven economy(cid:146),

COM(2000) 256 final.
(3) OJ C 307, 26.10.1999.
(4) OJ C 69, 10.3.2000.

(2001/C 89 E/099)

WRITTEN QUESTION P-1837/00

by Monica Frassoni (Verts/ALE) to the Commission

(31 May 2000)

Subject: Construction of an underground railway in Brescia, Italy

In reply to my Question No E-2176/99 (1) concerning the underground railway in Brescia, the Commission
confirmed the view that,
in accordance with Directive 97/11/EC of 3 March 1997 on environmental
impact assessments (EIAS) (2), the project should be screened with a view to establishing whether the it
should be made subject to an EIA procedure. As far as we know, such screening, which is provided for in
Article 10 of the Presidential Decree of 12 April 1996, has not been carried out. In the meantime, an
invitation to tender for the public works involved has been issued by the Brescia Municipal Services
Agency, and the deadline for submission of tenders is 31 May 2000. That invitation to tender, which was
published in Official Journal (3), lays down no conditions or requirements for an environmental impact
assessment. On 31 March 2000, a memorandum of understanding was concluded between the Lombardy
Regional Council and the Brescia Provincial and Municipal Councils, under which the Regional Council
undertook to contribute ITL 165 billion towards the project. This means that the Lombardy Regional
Council, which is itself responsible for ensuring that the project is screened for EIA purposes, has in fact
agreed to finance part of the project before such screening has been performed.

How does the Commission intend to ensure that the necessary screening of the Brescia underground
railway project is actually performed?

How is it possible for an invitation to tender for the performance of work on a project which the
Commission itself has stated must be the subject of EIA screening to be published in the Official Journal of
the European Communities without such screening ever having been performed?

(1) OJ C 280 E, 3.10.2000, p. 15.
(2) OJ L 73, 14.3.1997, p. 5.
(3) OJ S 78, 20.4.2000.

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

(4 July 2000)

The Italian authorities have communicated that the development consent to the project mentioned by the
Honourable Member will be given only after the (cid:145)procedura di verifica di assoggettabilit(cid:224) a Valutazione di
Impatto Ambientale(cid:146) (screening) is carried out, under (cid:145)DPR 12 aprile 1996 Atto di indirizzo e coordina-
mento per l(cid:146)attuazione dell(cid:146)articolo 40 comma 1 della legge 22 febbraio 1994, n. 146, concernente
disposizioni in materia di valutazione di impatto ambientale(cid:146), national legislation transposing Annex II of
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment (1) and under (cid:145)legge regionale 7 dicembre 1999, No 472(cid:146), legislation of

C 89 E/94

Official Journal of the European Communities

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20.3.2001

Regione Lombardia implementing (cid:145)DPR 12 aprile 1996(cid:146). The authorities of Regione Lombardia have
already communicated to the Municipality of Brescia that the project is to be the subject of a screening
procedure, in order to assess whether an environmental impact assessment procedure is necessary.

In the light of the above, no breach of Community law can be identified at present.

(1) OJ L 175, 5.7.1985.

(2001/C 89 E/100)

WRITTEN QUESTION P-1839/00

by W. G. van Velzen (PPE-DE) to the Commission

(31 May 2000)

Subject: Auctioning of mobile-telephone radio frequencies

On 24 May 2000, at the hearing on the 1999 review in Parliament, Commissioner Liikanen voiced his
disquiet at the considerable proceeds from the auctioning-off of UMTS frequencies in the United Kingdom.
I very much share that disquiet and note that the EC can bring infringement proceedings against the
United Kingdom on the basis of Article 11 of the licences directive (Directive 97/13/EC (1); see below).

In view inter alia of the disquiet voiced and the point made above, why does the Commission not

1.
commence infringement proceedings against the United Kingdom?

2.
Is the EC ultimately prepared to commence infringement proceedings on the same grounds against
the Netherlands, Germany and Denmark, which are planning to auction-off radio frequencies for UMTS
usage?

(1) OJ L 117, 7.5.1997, p. 15.

Article 11 (cid:129) Fees and charges for individual licences
1. Member States shall ensure that any fees imposed on undertakings as part of authorisation procedures seek
only to cover the administrative costs incurred in the issue, management, control and enforcement of the applicable
individual licences. The fees for an individual licence shall be proportionate to the work involved and be published
in an appropriate and sufficiently detailed manner, so as to be readily accessible.
2. Notwithstanding paragraph 1, Member States may, where scarce resources are to be used, allow their national
regulatory authorities to impose charges which reflect the need to ensure the optimal use of these resources. Those
charges shall be non-discriminatory and take into particular account the need to foster the development of
innovative services and competition.

Answer given by Mr Liikanen on behalf of the Commission

(4 July 2000)

The Commission is following closely the implementation of procedures in the Member States for the
licensing of third generation mobile networks, including those involving the auctioning of radio frequency
spectrum. It is doing so in the light of the applicable provisions of Community law, notably Directive 97/
13/EC of the Parliament and of the Council of 10 April 1997, on a common framework for general
authorisations and individual licences in the field of telecommunications services, Commission Directive
90/388/EEC of 28 June 1990, on competition in the markets for telecommunications services (1)
(as amended) and Decision No 128/1999/EC of the Parliament and of the Council of 14 December 1998
on the co-ordinated introduction of a third-generation mobile and wireless communications system
(UMTS) in the Community (2), as well as the competition rules of the EC Treaty.