WRITTEN QUESTION E-0518/01 by Robert Goebbels (PSE) to the Commission. Directive 85/337/EEC and the principle of subsidiarity.
Date: 2001-02-22
Institutions: European Parliament, Provisional data
Subjects: Belgium, Luxembourg, Spain, environmental impact, environmental protection, infringement of EU law

C 318 E/70

Official Journal of the European Communities

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13.11.2001

timetable has been submitted. Given that the Commission can cover only a relatively small proportion of
the total costs of projects, Community cofinancing in this sector is influenced by the investment policies of
the Member States (or, if applicable, private partners) who are still the main backers of TEN-T projects.

Nonetheless, the Commission(cid:146)s Trans-European Transport Network cofinancing policy has in the past
given considerable priority to the inland waterways sector. For the period 1995-1999, some € 32 million
in absolute terms was granted to projects specifically related to inland waterways (for example, eliminating
bottlenecks on the East-West axis connecting the Benelux countries, Germany and Poland, including the
Dortmund-Ems canal project, Madgeburg and Berlin hub projects and those between Berlin and the Polish
border) as well as a number of inland port redevelopment projects (for example the Dresden Elbe river
port).

There can be no simple comparison of the percentages of Community contributions to the rail sector with
those to inland waterways because, while the railway network covers the entire Community, the inland
waterways network is confined to a limited number of Member States. The Commission is of the view that
its cofinancing policy in this sector has been an accurate reflection of Member State investment activity
and has provided real impetus for a number of high priorities.

The abovementioned projects (as well as others cofinanced by the Community) play a key role in cross-
border traffic and in addition are crucial to traffic into Poland and other Central and Eastern European
the
countries.
Commission selected this area as a priority in the indicative multiannual programme for TEN-T
cofinancing for the period 2001-2006. This programme is due to be adopted by the Commission in
May-June 2001 after being submitted to the European Parliament.

In order to boost cross-border cooperation further in the inland waterways sector,

The Danube system was identified by the Pan-European Transport Conferences in Crete (1994) and
Helsinki (1997) as a priority corridor, Corridor VII, with a view to promoting the integrated development
of inland navigation traffic on the river. A joint memorandum of understanding on developing this
corridor is due to be finalised and signed by the Danube river basin countries and the Commission this
year. Moreover, at the request of the Danube Commission, the organisation responsible for upholding
freedom of navigation on the Danube for international traffic, the Commission has been heavily involved
for the last two years in facilitating the execution of the project of clearing debris from the river at Novi
Sad, in Serbia, in the wake of the Kosovan conflict of spring 1999. Consequently, acting on a proposal
from the Commission, in July 2000, the Council and Parliament in principle approved a Community
contribution to the project of up to € 22 million, or a maximum of 85 % of its estimated cost. Finally, for
the next few years, the Instrument for Structural Policies for Pre-Accession (ISPA) is expected to support
infrastructure projects on the Danube which help promote inland shipping.

(1) OJ L 228, 9.9.1996.
(2) Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of
Community financial aid in the field of trans-European networks (OJ L 228, 23.9.1995) as amended by Regulation
(EC) No 1655/1999 of the European Parliament and of the Council of 19 July 1999 (OJ L 197, 29.7.1999).

(2001/C 318 E/071)

WRITTEN QUESTION E-0518/01

by Robert Goebbels (PSE) to the Commission

(22 February 2001)

Subject: Directive 85/337/EEC and the principle of subsidiarity

The Commission has recently decided to initiate infringement proceedings against Belgium, Spain and
Luxembourg for having allegedly failed to fully respect the European Directive on the assessment of the
effects of certain public and private projects on the environment (Directive 85/337/EEC) (1).

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Official Journal of the European Communities

C 318 E/71

Are not the numerous difficulties experienced by the Commission with regard to the implementation of
the directive by the Member States due to the fact that the demands of this directive are in flagrant
contradiction of Article 5 of the Treaty on European Union? Should not the principle of subsidiarity induce
the Commission to give the authorities concerned greater credit, particularly when the latter decide that
a given project is of regional or national interest?

The Commission has, for instance, challenged the granting of planning permission for the railway link
between Valencia and Tarragona although it acknowledges that a proper impact assessment was carried
out albeit under conditions which did not rigorously meet the demands of the directive. The same is true
of the objections raised against Luxembourg with regard to the building of a road link to the Saarland
which was decided on by an act of Parliament in Luxembourg.

Would not the Commission be well advised to leave the assessment of the impact of public and private
projects on the environment to the national, regional and local authorities, instead of engaging in legalistic
pettifoggery and making a bureaucratic nuisance of itself? Do not the Commission(cid:146)s actions only lead to
unnecessary delays in the implementation of projects decided on according to the principle of subsidiarity?

(1) OJ L 175, 5.7.1985, p. 40.

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

(18 April 2001)

The Commission is anxious to stress that 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 amended by Council
Directive 97/11/EC of 3 March 1997 (1), was adopted in line with the aim of Article 2 of the EC Treaty
requiring the Community to promote a high level of protection and improvement of the quality of the
environment.

In applying the subsidiarity principle that Directive only laid down the minimum requirements which the
impact assessment procedures must meet and left
to the Member States to draw the intended
conclusions from the information received within that forum.

it

Under Article 211 (former Article 155) of the EC Treaty,
it is for the Commission to ensure that the
provisions adopted by the institutions in pursuance of the EC Treaty are implemented, where appropriate
using the procedure provided for by Article 226 (former Article 169) of said Treaty.

The Commission may thus be prompted to check that the Member States have implemented the impact
assessment procedure and, where this is the case, also to check that this has been done so in a correct
manner.

(1) OJ L 73, 14.3.1997.

(2001/C 318 E/072)

WRITTEN QUESTION E-0526/01

by JosØ PomØs Ruiz (PPE-DE) to the Commission

(22 February 2001)

Subject: Intermediate employment objectives

The Stockholm European Council will, for the first time, evaluate the procedure established at the Lisbon
Council, establishing the achievement of full employment as a goal for the year 2010. The Presidency
suggested, at the Ecofin Council of 19 January in Brussels, that it might be possible to establish certain
intermediate employment objectives, but so far no specific statements have been made as to what these
intermediate objectives would comprise.

How does the Commission view this proposal?

What would the parameters be (e.g.: objectives by gender, age, types of activity, regions, temporary jobs,
etc.) for these intermediate objectives, so as to be able better to diagnose the problem and target the best
solutions, with a view to achieving full employment by the scheduled date?