WRITTEN QUESTION P-0662/02 by Roberto Bigliardo (UEN) to the Commission. Montefibre (Acerra, Italy).
Date: 2002-03-01
Institutions: European Parliament, Provisional data
Subjects: Campania, application of EU law, environmental impact, environmental law, impact study, industrial building

C 205 E/186

Official Journal of the European Communities

EN

29.8.2002

(cid:1) it has failed to respect the agreed work timetable, in what is a clear breach of the contractual rules
(Articles 88, 89 and 91) and of the legislation on the length and organisation of the working day;

(cid:1) it has practised intimidation against employees on sick leave, and has even dismissed such persons (cid:1)
actions which are even more to be condemned given that they affect individuals who, in their state of
it has threatened union
ill-health, are more emotionally and physically vulnerable;
representatives with disciplinary action.

furthermore,

Given these disturbing circumstances, which have been condemned in public by the President of the Italian
Banking Association, does the Commission consider that there has been a breach of the Community
directives on the consultation and information of workers? If so, what action can the Commission take to
ensure that Community law is respected in future?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(25 April 2002)

The situation described by the Honourable Member would appear to be a matter for the Italian national
authorities only.

The national provisions to which he refers are intended in particular for the transposition of Directive 98/
50/EC (transfers of undertakings) (1) into Italian law. This Directive does not apply to situations such as the
one described in the question where a company’s shareholder structure is changed.

In the absence of any link with Community law, the Commission is not entitled to intervene in any way,
certainly not under Article 226 of the EC Treaty. It is up to the national authorities to assess the situation
in the light of the applicable national regulations.

(1) Council Directive 98/50/EC of 29 June 1998 amending Directive 77/187/EEC on the approximation of the laws of
the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings,
businesses or parts of businesses, OJ L 201, 17.7.1998. The two directives were consolidated by Council Directive
2001/23/EC of 12 March 2001, OJ L 82, 22.3.2001.

(2002/C 205 E/199)

WRITTEN QUESTION P-0662/02

by Roberto Bigliardo (UEN) to the Commission

(1 March 2002)

Subject: Montefibre (Acerra, Italy)

Is the Commission aware of the environmental impact problems which have existed for decades in relation
to the industrial activities of the enterprise Montefibre s.p.a., located in Acerra (Naples province, Italy)?

Environmental groups of all political colours have voiced their deep concern over the potential polluting
impact of this company, which has applied for and, several months ago, obtained authorisation for an
extension from the Acerra municipal authorities.

Have the competent authorities commissioned any study or carried out any inquiry in order to alleviate
the concerns of the public and the environmental groups? Has an environmental impact assessment been
carried out concerning the authorisation of extension granted by the Acerra municipal authorities?

Answer given by Mrs Wallström on behalf of the Commission

(27 March 2002)

The Commission has the task of ensuring the correct application of Community law, in the light of the
powers conferred on it by the EC Treaty. As the guardian of the EC Treaty, it does not hesitate to take all
necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to
ensure the observance of Community law.

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Official Journal of the European Communities

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However, the Commission cannot be aware of all situations which are likely to be considered as a bad
application of environmental Community law by the Member States. Such situations are normally drawn
to the attention of the Commission by letters of complaint, Parliamentary Written Questions and Petitions
to the Petitions Committee of the Parliament. 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.

In the specific situations pointed out by the Honourable Member,
the Community Directive on
environmental impact assessment (EIA) (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) whether before or after being
amended by Council Directive 97/11/EC of 3 March 1997 (2)) constitutes the possibly relevant Community
law.

However, on the basis of the information given by the Honourable Member, due to a lack of specific
grounds on the complaint on the application of the EIA Directive, no breach of it can be identified at
present. Should the Honourable Member provide detailed information enabling the Commission to assess
the issues in relation to the above-mentioned Directive, the Commission would be able to investigate this
matter.

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

(2002/C 205 E/200)

WRITTEN QUESTION E-0668/02

by Konstantinos Hatzidakis (PPE-DE) to the Commission

Subject: Support for the market in electrically powered cars

(11 March 2002)

In the light of the extent of pollution in towns and cities, what measures will the Commission take and
what measures will it propose that the Member States adopt to support the market in electrically powered
cars or cars which combine electric power with conventional systems?

Answer given by Mrs de Palacio on behalf of the Commission

(25 April 2002)

As the Commission says in its White Paper European transport policy for 2010: time to decide (1), the
subsidiarity principle dictates that responsibility for urban transport lies mainly with the national and local
authorities.

The Commission is not, however, unaware of the ills besetting transport in urban areas and spoiling the
quality of life.

It therefore basically supports the promotion of good practice in the areas concerned, and with its research
is backing numerous projects on
and technological development and demonstration programmes it
alternative fuels and vehicles.

For example,
in October 2000 the Commission launched the Civitas initiative, with a budget of
€ 50 million, to help with carrying out integrated and innovative clean urban transport projects which will
enable electrically powered vehicles to find their proper place in large-scale applications.

Furthermore, between 1995 and 1999 the research and technological development (RTD) programme
Thermie financed some 15 projects totalling € 25 million for demonstrating ‘clean’ vehicles in the urban
environment (especially electric vehicles and hybrids).