WRITTEN QUESTION E-1171/01 by Monica Frassoni (Verts/ALE) to the Commission. Mining in Sardinia and environmental impact assessments.
Date: 2001-04-19
Institutions: European Parliament, Provisional data
Subjects: Sardinia, complaint to the Commission, environmental impact, impact study, mining operation

4.12.2001

EN

Official Journal of the European Communities

C 340 E/187

(2001/C 340 E/215)

WRITTEN QUESTION E-1171/01

by Monica Frassoni (Verts/ALE) to the Commission

Subject: Mining in Sardinia and environmental impact assessments

(19 April 2001)

The autonomous region of Sardinia has granted a mining licence (3) (kaolin, bentonite, bleaching earth and
feldspar), under Royal Decree No 1443 of 1927 and subsequent amendments and additions, to Caolino
for an area of 180 hectares in the district of Muros (Sassari), while three separate
Panciera S.p.A.
prospecting licences (4) (gold, silver and associated minerals) have been granted under the above law to
Sardinia Gold Mining S.p.A.
for an area of 805 hectares in the districts of Cossoine, Giave and
Mara (Sassari), an area of 702 hectares in the districts of Chiaramonti, Nulvi, Osilo and Ploaghe (Sassari)
and an area of 758 hectares in the district of Villaputzu (Cagliari).

These permits have been granted without the environmental impact assessment procedure having first
been carried out; this procedure is compulsory under European Directive No 97/11/EC (1) (Annex I, point
19), despite the provisions of the Italian implementing legislation (Article 1(1) of Presidential Decree of
11 February 1998).

Is the Commission aware of the information given above?

Has the Commission ascertained whether the law has been observed with regard to environmental impact
assessments of the above operations?

Does the Commission intend to take appropriate action on this matter?

Is any Community funding earmarked for these mining operations?

(1) OJ L 73, 14.3.1997, p. 5.

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

(26 June 2001)

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), establishes that projects which are likely to have significant effects
on the environment, by virtue of their nature, size or location, are made subject to an assessment of their
effects environmental impact assessment (EIA). Classes of projects covered by the directive are listed in the
two Annexes. Projects listed in Annex I require an EIA procedure. Under Article 4(2), projects of the classes
listed in Annex II are made subject to an EIA, where Member States consider that their characteristics so
require.

Pursuant to Council Directive 97/11/EC of 3 March 1997 (2), which has modified Directive 85/337/EEC,
through a case-by-case
for projects listed in Annex II, Member States are obliged to determine,
examination, or thresholds or criteria set by the Member States, whether the project is to be made subject
to an EIA. However, projects whose requests for development consent were submitted to a competent
authority before 14 March 1999 are governed by the provisions of Directive 85/337/EEC prior to the
amendments.

On the basis of the information given by the Honourable Member, the work to which the question makes
reference could fall either into the scope of paragraph 2 (extractive industry) of Annex II of Directive
85/337/EEC prior to the amendments,
into paragraph 19 (Quarries and open-cast mining where the
surface of the site exceeds 25 hectares, or peat extraction, where the surface of the site exceeds 150
hectares) of Annex I of Directive 85/337/EEC, as modified by Directive 97/11/EC, or paragraph 2
(extractive industry) of Annex II of Directive 85/337/EEC, as modified by Directive 97/11/EC.

The Commission has already opened a complaint file on the project mentioned by the Honourable
Member and a letter has been sent to the Italian authorities to request information on the issue.

Should the Commission find that Community law is being breached in the specific case, it would not
hesitate, as the guardian of
including infringement
procedures under Article 226 (ex Article 169) of the EC Treaty, in order to ensure the observance of the
relevant Community law.

to take all necessary measures,

the EC Treaty,

C 340 E/188

Official Journal of the European Communities

EN

4.12.2001

According to the information received from the Member State authorities, these projects have not received
funding in the framework of the structural funds.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2001/C 340 E/216)

WRITTEN QUESTION E-1173/01

by AndrØ Brie (GUE/NGL) to the Council

(24 April 2001)

Subject: Disarming the UCK since the end of 2000

Referring to my Written Question E-2287/00 (1) of 11 July 2000, on illegal arms dumps and armed
incidents in Kosovo, and the relevant reply of 20 November 2000, would the Council say:

1. How many rifles, pistols, support weapons, machine guns and mortars, anti-tank missiles, anti-aircraft
weapons, explosive devices and rounds of ammunition KFOR has collected in Kosovo since the end of
2000?

2. How many illegal arms dumps UNMIK and/or KFOR has discovered since the end of 2000?

3. What information there is on the existence of other illegal arms dumps in Kosovo?

(1) OJ C 113 E, 18.4.2001, p. 80.

(2001/C 340 E/217)

WRITTEN QUESTION E-1209/01

by AndrØ Brie (GUE/NGL) to the Council

(24 April 2001)

Subject: UNMIK(cid:146)s crime statistics

With reference to the crime statistics compiled by UNMIK (http://www.civpol.org/unmik/statistics.htm),
which list in detail which crimes were committed in Kosovo and where (and the ethnic group to which the
victim or victims belonged), can the Council indicate:

(cid:129) how many arrests were made subsequent to those crimes, and

(cid:129) how many of those arrested were actually convicted?

The Council should restrict itself in its answer to the period from the date on which UNMIK took over
police duties in Kosovo to the beginning of 2001.

Joint answer
to Written Questions E-1173/01 and E-1209/01

(20 July 2001)

The Council is very concerned about the quantity of illegal arms in Kosovo, which contribute to violence
and to the level of criminality not only in Kosovo, but also in the whole region. In answering to the
Honourable Member(cid:146)s question last year, the Council pointed out that the EU has no direct responsibility
for public order and security in Kosovo, including the establishing of relevant crime statistics. Following
UN Security Council Resolution 1244, these are matters entirely in the hands of UNMIK (United Nations
Mission in Kosovo) and KFOR (the NATO Kosovo Force). Both report regularly, to the United Nations
Secretary General and Security Council and to NATO (including on the issues raised by the Honourable
Member).