WRITTEN QUESTION E-0179/03 by Patricia McKenna (Verts/ALE) to the Commission. Council Directive 97/11/EC amending Directive 85/337/EEC.
Date: 2003-01-30
Institutions: European Parliament, Provisional data
Subjects: application of EU law, building industry, building permit, economic consequence, environmental impact, environmental law

C 242 E/104

Official Journal of the European Union

EN

9.10.2003

(2003/C 242 E/105)

WRITTEN QUESTION E-0179/03

by Patricia McKenna (Verts/ALE) to the Commission

(30 January 2003)

Subject: Council Directive 97/11/EC amending Directive 85/337/EEC

Council Directive 97/11/EC (1) amending Directive 85/337/EEC (2) on Environmental Impact Assessments
does not contain an expiry date. In other words, once a developer has completed the EIA, they can wait
for an indefinite period of time before starting the project.

The effects of this are twofold:

(cid:1) Firstly, in the time between the completion of the EIA and the start of the project, the characteristics
of the environment may change. For example, if the population of an area increases dramatically over
a five-year period, then the information in the EIA may be out of date. It is, however, still deemed to
be valid;

(cid:1) It allows well-resourced developers to complete the EIA process on a number of projects and wait
indefinitely before commencing construction. Local communities are then left in limbo. Depending on
the type of project proposed, this may have an adverse effect on the economic, social and physical
health of the community.

What is the Commission’s opinion on this issue?

Does the Commission have any plans to amend the Directive to close this loophole?

(1) OJ L 73, 14.3.1997, p. 5.
(2) OJ L 175, 5.7.1985, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(6 March 2003)

The Honourable Member asks the Commission’s opinion regarding the length of time which may elapse
between the completion of an Environmental Impact Assessment (EIA) under Council Directive 97/11/EC
of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and
private projects on the environment and the commencement of the project.

The Honourable Member says that once a developer has completed the EIA, they can wait for an indefinite
period of time before starting the project and in this case sometimes the characteristics of the environment
may change but the information in the EIA is still deemed to be valid. She also says that this leaves local
communities in limbo.

It is not clear from the information provided if the Honourable Member refers to the length of time
between the completion of the EIA and the granting of the development consent or between the
completion of the EIA and the granting of the development consent and the actual start of the project.

The Directive requires an EIA to be carried out before consent is given for projects likely to have
significant effects on the environment. It does not specify a time limit for the intervening period; or for the
period between the grant of consent and the start of the project. These matters are left to the discretion of
Member States, many of which have imposed time limits on one or both of these periods. In addition,
powers to request fresh information, or a new environmental impact statement, or to apply conditions to
consents exist in some Member States.

When no time limit has been imposed, there may be delays between carrying out the EIA and the grant of
consent, and between the grant of consent and the start of the project. So far as the first case is concerned,
the EIA must identify and assess the effects which the project is likely to have on the environment. If the
state of the environment has changed between the time the assessment was undertaken and the time

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consent is granted, it follows that the assessment may need to be updated or extended accordingly, taking
into accout the legitimate expectations of the public and the principle of good administration. Hence, new
information relating to likely significant environmental effects of the project must be taken into account
during the development consent procedure.

As regards the change of environmental characteristics after granting of the development consent, the
Directive does not regulate the time in which the project must be started. However, it should be stressed
that the Directive requires that all factors likely to have significant effects on the environment are assessed
and taken into account in the development consent procedure.

The Commission does not envisage amending the Directive at this stage but this could be one of the issues
to be considered in any future amendment.

(2003/C 242 E/106)

WRITTEN QUESTION E-0184/03

by Antonios Trakatellis (PPE-DE) to the Commission

(31 January 2003)

Subject: Construction of a technical road project (bridge) in the Herakleion-Knossos area

Inhabitants of the Herakleion region have complained about a bridge under construction along the historic
route linking Herakleion to Knossos:
this route,
is extremely expensive, is of little value from the traffic point of view and is based on an arbitrary decision,
since it is not mentioned in Law 2947/01 on Olympic Games projects and has not been approved by the
competent directorate of the Ministry of the Environment, Regional Planning and Public Works, the
Directorate for Road Construction Projects and Studies.

it blatantly disregards the historic importance of

Bearing in mind the above and the protests of the local bodies and inhabitants, will the Commission say:

1.

Is the construction of this project in line with Community legislation on viability and sustainable
traffic planning in urban environments?

2. What measures does it intend to take should it find that the above project is illegal and arbitrary and
that there is a readily available alternative which would meet the traffic, urban planning, functional,
aesthetic, environmental and cultural needs of the region?

3.

Is this project receiving Community funding? If so, have the functionality and necessary viability of the
project been established?

Answer given by Mr Barnier on behalf of the Commission

(4 March 2003)

Construction of the viaduct along the route linking Herakleion to Knossos in Crete,
Honourable Member refers, is not being part-financed by Community Funds.

to which the

Nevertheless certain infrastructure projects, whether or not part-financed by Community Funds, must
satisfy the requirements of 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), as amended by Council Directive 97/11/EC of
3 March 1997 (2), as regards drawing up an environmental impact study.

Article 2(1) of that Directive stipulates ‘Member States shall adopt all measures necessary 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.’ These projects are defined in Article 4, which refers to Annexes I
and II of the Directive. However, projects to construct viaducts are not expressly listed in any of the
Annexes to the Directive.