WRITTEN QUESTION E-3949/00 by Roberta Angelilli (UEN) to the Commission. Environmental impact assessment.
Date: 2000-12-13
Institutions: European Parliament, Provisional data
Subjects: EU competence, European Commission, Italy, application of EU law, environmental impact, high-speed transport, impact study, rail network

3.7.2001

EN

Official Journal of the European Communities

C 187 E/89

(2001/C 187 E/096)

WRITTEN QUESTION E-3949/00

by Roberta Angelilli (UEN) to the Commission

(13 December 2000)

Subject: Environmental impact assessment

With reference to the answer to the questioner(cid:146)s previous Question (E-2683/00) (1) on high-speed trains in
the Roman orbital link area given by Mrs Wallstr(cid:246)m on behalf of the Commission, the reply to point 2 is
unconvincing, since paragraph 6(2) of Directive 85/337/EEC (2) states that Member States must ascertain
that the public concerned is given the opportunity to express an opinion before the project is initiated.

Monitoring the application of the directive is clearly the task of each Member State of the European Union,
but if a Member State does not carry out the relevant checks this constitutes unequal treatment of the
public owing to a lack of due transparency of information and the fact that people cannot gain access to
information and take part in decision-making processes.

Can the Commission therefore say:

1. which institution is competent to take action;

2. what happens at European level;

3. what directives deal with this subject;

4. what its general opinion is on the issue?

(1) OJ C 113 E, 18.4.2001, p. 149.
(2) OJ L 175, 5.7.1985, p. 40.

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

(22 February 2001)

The Commission is responsible for ensuring that Community law is properly applied within all Member
States.

The Commission(cid:146)s powers are limited to those conferred on it by the EC Treaty. On the basis of Arti-
cle 211 (ex Article 155) of the EC Treaty, (cid:145)in order to ensure the proper functioning and development of
the common market, the Commission shall ensure that the provisions of this Treaty and the measures
taken by the institutions pursuant thereto are applied(cid:146). On the basis of Article 226 (ex Article 169) of the
EC Treaty (cid:145)if the Commission considers that a Member State has failed to fulfil an obligation under this
Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity
to submit its observations. If the State concerned does not comply with the opinion within the period laid
down by the Commission, the latter may bring the matter before the Court of Justice(cid:146).

In the specific case, the issue of the correct application of Community legislation on environmental impact
assessment in relation to the project mentioned by the Honourable Member has been already dealt with by
the Commission in 1997/1998. Since the present Written Question does not contain any new relevant
element, the Honourable Member is kindly requested to refer to previous answers by the Commission to
her Written Question E-578/98 (1) and Written Question E-2274/00 by Mr Tajani (2).

The second paragraph of the reply to Written Question E-2683/00 (3) by the Honourable Member referred
to the issue of the assessment of the monetary compensation in favour of the people possibly damaged by
the project. This monetary aspect is not covered by the Community legislation on environmental impact
assessment and it falls within the competence of the Member States.

(1) OJ C 386, 17.12.1998.
(2) OJ C 103 E, 3.4.2001, p. 104.
(3) OJ C 113 E, 18.4.2001, p. 149.