WRITTEN QUESTION P-2195/01 by Giorgio Celli (Verts/ALE) to the Commission. High-speed rail network.
Date: 2001-07-17
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, environmental impact, environmental protection, high-speed transport, infringement of EU law

C 40 E/214

Official Journal of the European Communities

EN

14.2.2002

However, according to available information, it would appear that no form of aid has been granted to
those commercial sectors which depend almost exclusively on the sale of beef and sheepmeat, such as
butchers and sellers of tripe and offal, who have suffered considerable damage, in that they are highly
specialised, almost (cid:145)specialists in a craft industry(cid:146), who have been unable to diversify their range of
products, unlike what happened in various other cases.

At the worst points in the crisis the sector suffered falls in sales of 70-80 % for butchers, and almost 100 %
for sellers of tripe and offal. In view of Directives 85/374/EEC (1) and 1999/34/EC (2), the European
Parliament(cid:146)s report A4-0020/97 and Decision 283/1999/EC (3) of 25 January 1999, does the Commission
not consider that measures should be taken to compensate for these losses and alleviate the damage caused
to the sector by the BSE crisis?

(1) OJ L 210, 7.8.1985, p. 29.
(2) OJ L 141, 4.6.1999, p. 20.
(3) OJ L 34, 9.2.1999, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(6 September 2001)

The Commission would refer the Honourable Member to its answer to written P-2013/01 by Mr Colom I
Naval (1).

(1) See p. 162.

(2002/C 40 E/231)

WRITTEN QUESTION P-2195/01

by Giorgio Celli (Verts/ALE) to the Commission

(17 July 2001)

Subject: High-speed rail network

Following countless complaints by many members of the general public and environmentalists concerning
instances of failure to implement environmental protection laws, and in the light of the latest legal cases,
which have led to various construction projects being suspended, as a precautionary measure, on the
Bologna-Florence section of the high-speed rail network in Italy.

can the Commission check that all the legal provisions concerning the environmental impact assessment of
the rail project have been complied with, in accordance with Council Directive 85/337/EEC (1)?

What information has it gathered concerning the hydrogeological damage caused by this public works
project, which benefits from European funding?

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

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

(5 September 2001)

Situations which are likely to be considered as a bad application of environmental Community law by the
authorities of the Member States are normally drawn to the attention of the Commission by letters of
complaint, Parliamentary Questions and Petitions to the Petitions Committee of the Parliament. However,
situations claimed to be inconsistent with the relevant Community law need to be precisely described so as
to enable the Commission to assess them in relation to applicable Community environmental law.

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Official Journal of the European Communities

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According to Directives 85/337/EEC (1) on the assessment of the effects of certain public and private
projects on the environment and 97/11/EC (2), which has modified Directive 85/337/EEC, Member States
are obliged to ensure that, before consent is given, projects likely to have significant effects on the
environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for
development consent and an assessment with regard to their effects. Projects covered by the Directive are
identified in the annexes.

Under Directive 85/337/EEC, either before or after being amended by Directive 97/11/EC, projects falling
into Annex I are to be made subject to an environmental impact assessment.

In the opinion of the Commission, based on the information given by the Honourable Member, the work
to which the question makes reference, falls within the scope of Directives 85/337/EEC and 97/11/EC, and,
in particular,
into category 7 (lines for long-distance railway traffic) of Annex I of the two directives.
However, no element is given by which it can be deduced that the directive is being breached in the
specific case. When no evidence is given to indicate that Community law has been breached (or is going to
be breached), the Commission considers that there are no grounds for intervention. Actions by the
Commission in order to check the correct application of Community law in Member States must be based
on claims which reveals elements (facts and acts) on the basis of which a breach of Community law can be
envisaged.

Given the lack of specific grounds of complaint in this specific case, no breach of the directive can be
identified at present.

The fact that a national Court opened a procedure for failure to implement environmental protection laws
and that it has suspended various construction projects, as a precautionary measure, on the Bologna-
Florence section of the high-speed rail network is not in itself an element which reveal a breach of the
directive.

In addition, when national courts check the compliance of internal administrative procedures with the
national law derived from Community law they do not do other than ensure that Community law is
properly applied. The fact
the same task as the Commission under
Article 211 of the EC Treaty is perfectly in line with the Commission approach that it is national courts
and administrative bodies that are primarily responsible for ensuring that the authorities of the Member
States comply with Community law.

that national courts carry out

It is to be stressed that action of the national courts is much more effective on cases of Community law
bad application than any Commission intervention. The Commission(cid:146)s powers are limited to those
conferred on it by the EC Treaty. In its task of ensuring that Community law is properly applied within all
Member States, it may start infringement procedures and it may bring the case before the Court of Justice.
However, judgements of the Court of Justice only state whether there has been an infringement. The Court
of Justice can neither annul a national provision which is incompatible with Community law, nor force a
national administration to respond to the request of an individual, nor order a Member State to pay
damages to an individual adversely affected by an infringement of Community law. Only national courts
can issue orders to administrative bodies and annul a national decision. It is also only national courts
which have the power, where appropriate, to order a Member State to make good the loss sustained by
individuals as a result of the infringement of Community law attributable to it.

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

(2002/C 40 E/232)

WRITTEN QUESTION E-2198/01

by Struan Stevenson (PPE-DE) to the Commission

Subject: Transport and slaughter of animals in Greece

(23 July 2001)

The Commission has recently published a report on a mission it carried out in Greece in November 2000.
The report concludes that, since previous missions, the Greek authorities have made no progress in