WRITTEN QUESTION E-3345/03 by John Bowis (PPE-DE) to the Commission. Villas of Palladio.
Date: 2003-11-13
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, architectural heritage, common transport policy, countryside conservation, environmental impact, heritage protection, impact study, motorway, road building

27.3.2004

EN

Official Journal of the European Union

C 78 E/527

With regard to the freezing of assets, this has been exercised in relation to Afghanistan, Burma, the former
FRY, Iraq and Libya, which, again, have not concluded any agreement with the Community so far Angola
and Haiti, which are signatories to the Lomé/Cotonou agreement, were subject to the freezing of assets
under a decision to suspend cooperation with these countries under this agreement.

(1) See page 441.
(2) See annex 2 of the Communication on the inclusion of respect for democratic principles and human rights in
agreements between the Community and third countries for a list of measures that may be taken in the event of a
serious human rights violations, COM(95) 216 final.

(2004/C 78 E/0548)

WRITTEN QUESTION E-3345/03

by John Bowis (PPE-DE) to the Commission

(13 November 2003)

Subject: Villas of Palladio

In 1994 the villas of Palladio were inscribed on the World Heritage List. It is now proposed to build a
54-kilometre motorway through the Veneto area with seven exits and tollgates (cid:1) the Valdastico South
motorway

Whilst acknowledging the right of the Italian Government to build such roads as it thinks fit, will the
Commission work with the Italian authorities to ensure that any such plans do not harm the Palladian
villas or the surrounding landscape and that a full and enhanced Environmental Impact Assessment is
carried out on the proposals?

Will the Commission also discuss with the Italian authorities whether the Valdastico South motorway is
needed, given the adequacy of the existing A22 motorway and the SS247 road and the fact that the
Valdastico North motorway very little used?

Answer given by Mrs Wallström on behalf of the Commission

(7 January 2004)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment (EIA Directive) as amended by Directive 97/11/EC of 3 March 1997 (1)
provides that Member States must ensure that, before development 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 an assessment of the environmental effects. These projects are defined in Article 4 that refers to Annex I
and II of the Directive. The construction of motorways falls into Annex I point 7(b) for which a mandatory
Environmental Impact Assessment (EIA) has to be carried out.

In such a case the Italian authorities should take measures to ensure that the environmental
assessment procedure is carried out which includes:

impact

(a) a description of the aspects of the environment likely to be significantly affected by the proposed
project such as archaeological heritage, landscape, population etc. (as per Article 5 and Annex IV),

(b) consultations with the public and other competent authorities responsible for the environment, and

(c) publication of the decision containing conditions attached to the development consent, main reasons
and consideration on which the decision is based and description, where necessary, of the main
measures to avoid, reduce and, if possible, offset the major adverse effects.

The result of consultations and the information gathered pursuant to Articles 5 and 6 must be taken into
consideration in the development consent procedure.

C 78 E/528

Official Journal of the European Union

EN

27.3.2004

The Commission has already looked into the matter raised by the Honourable Member and found no
elements which could show any breach of the Directive in this specific case. In addition, the EIA Directive
does not contain any legal requirements to contest the opportunity of a project or the development
consent itself.

(1) OJ L 73, 14.3.1997.

(2004/C 78 E/0549)

WRITTEN QUESTION P-3350/03

by Patricia McKenna (Verts/ALE) to the Commission

(6 November 2003)

Subject: Derrybrien wind-farm bog-slide

Anecdotal and photographic evidence already strongly indicates that the major ongoing bog-slide, which
began on Thursday 16 October at Derrybrien, Loughrea was caused by the construction of the 60 MW
wind-farm, owned by ESB subsidiary Hibernian Wind Power Ltd,
though they have not accepted
responsibility, so far. It now covers an area of over 50 hectares, and has closed two access roads to the
local village. The project involves two unapproved quarries coupled with the use of explosives, very heavy
vehicles moving fill on unstable floating roads, all on a blanket bog up to 6 metres deep on a
mountainside. Many of the planning conditions required to be met before commencement of works were
not complied with by the developer, and several are outstanding, including a bond to cover abandonment/
decommissioning of the project.

Apart from the major safety question, including the threat to the local village, there are now also serious
risks to watercourses, and local water supplies, including nearby Lough Cutra, which is within a proposed
SAC. One reason why Galway County Council originally rejected permission for phase 3 of this project
was because it considered that soil erosion caused by construction was poorly addressed in the EIS.
Nevertheless, An Bord Pleanála overturned the planning authority decision and granted permission without
conditions on this issue. Much greater renewable energy deployment is absolutely essential, especially in
Ireland, but that could now be seriously compromised by such careless development.

Does the Commission consider that such issues are, or should be, a key consideration in an EIS? Since they
were not properly addressed in this case, will the Commission advise the planning authorities to halt the
development, to avoid further environmental and safety risks and damage to the development of renewable
energy?

Answer given by Mrs Wallström on behalf of the Commission

(16 December 2003)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment (EIA Directive) (1) as amended by Council Directive 97/11/EC of
3 March 1997 (2) provides that Member States must ensure that, before development 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 an assessment of their environmental effects. These projects are defined in
Article 4, which refers to Annex I and II of the Directive. The construction of wind farms falls within
Annex II point 3(i). It is up to the Member States to determine if an individual project is likely to have
significant effects on the environment. Where significant effects are likely, Member States must carry out
an environmental impact assessment (EIA).