WRITTEN QUESTION E-2023/02 by Hiltrud Breyer (Verts/ALE) to the Commission. EIA (Environmental Impact Assessment) requirement for air routes.
Date: 2002-07-09
Institutions: European Parliament, Provisional data
Subjects: EU law, Germany, air traffic, air transport, airline, airport, common transport policy, environmental impact, environmental law, interpretation of the law, noise, transport regulations

C 52 E/122

Official Journal of the European Union

EN

6.3.2003

the night. However, such restrictions do not apply at any other international airports in Germany. Only
noisy aircraft are banned from flying at those airports, while no restrictions apply on the number of flights
of Chapter III aircraft, which are classified as quiet.

Tour operators exploit these differences in night flight regulations by deliberately flying into the latter
airports at night to make optimum use of their fleet capacity with the result that air traffic at those
airports is shifting more and more to night-time, as is the case at Hanover.

Night flight restrictions are usually of limited duration and an extension or new notification not only
affects thousands of individuals’ sleep but also constitutes an intervention in the night-time tranquillity of
the natural environment under Article 1(2) of Directive 85/337/EEC (1). Does the Commission agree that an
extension to or new notification of such night flight restrictions are subject to an environmental impact
assessment requirement?

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

(2003/C 52 E/140)

WRITTEN QUESTION E-2023/02

by Hiltrud Breyer (Verts/ALE) to the Commission

(9 July 2002)

Subject: EIA (Environmental Impact Assessment) requirement for air routes

The German Federal Aviation Authority allocated an additional air route for Frankfurt airport over the
recreational area of the Taunus which, in the first year alone, gave rise to more than 160 000 complaints
to the airport concerning noise from aircraft.

This air route was established on a proposal from the German Air Safety Authority (DFS), without
consulting the local residents or local authorities, under a statutory order; no EIA was carried out in this
case either.

With its 4000-metre runways, Frankfurt airport constitutes a project within the meaning of Article 4(1),
No. 7a of Directive 85/337/EEC (1). Under Article 1(2), other interventions in the natural surroundings and
landscape are also subject to EIA.

Does the Commission agree that the allocation of new air routes which will cause noise over residential
and recreational areas must be subject to an environmental impact assessment?

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

Joint answer
to Written Questions E-2022/02 and E-2023/02
given by Mrs Wallström on behalf of the Commission

(2 August 2002)

The Environmental Impact Assessment (EIA) Directive, 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), covers projects which are listed in its annexes I and II and
which require a development consent. The extension of an existing permit or a new night flight permit is
not covered by the definition of ‘a project’ under the EIA Directive. Similarly, air routes and their allocation
to existing runways are not covered by the definition of ‘a project’ under the EIA Directive.

(1) OJ L 73, 14.3.1997.