WRITTEN QUESTION E-3481/03 by Richard Corbett (PSE) to the Commission. Valdastico Sud motorway.
Date: 2003-11-24
Institutions: European Parliament, Provisional data
Subjects: Italy, countryside conservation, environmental impact, motorway, project evaluation, road building

27.3.2004

EN

Official Journal of the European Union

C 78 E/819

remaining actions. For the most part, these actions involve the financing of the NMPZ, the supervision of
the marine area, the adoption of the ‘Regulation of Administration and Management of the NMPZ’ and the
definitive delineation of the high water mark (‘αιγιαλο΄ς’) and of the coastline (‘ακτογραµµη΄’) on all the
nesting beaches. The latter is expected to resolve the property conflicts. The written notification of this
information to the Commission is underway.

The Commission will assess this additional information and will not hesitate to take appropriate measures
to ensure that Greece complies with the Court Judgement of 30 January 2002.

Judgment of 30 January 2002, Commission v. Hellenic Republic, Case C-103/00, ECR 2002, p.1 147.

(1)
(2) OJ L 206, 22.7.1992.

(2004/C 78 E/0871)

WRITTEN QUESTION E-3481/03

by Richard Corbett (PSE) to the Commission

(24 November 2003)

Subject:

‘Valdastico Sud’ motorway

Is the Commission aware of the proposed ‘Valdastico Sud’ motorway that the Italian Government proposes
to build through from Vicenza to Badia Polesine, near Rovigo, with devastating effect on a World Heritage
site?

Does the Commission consider that European legislation on environmental impact assessment has been
complied with in this case? Is it aware that the original assessment of the Italian Environment Commission
was negative, following which Mr Berlusconi’ government, by decree of 19 September 2002, replaced 23
of its 36 members, leading to a positive assessment of the plan on 18 December 2002?

Finally can the Commission confirm that the project has no interest from the perspective of trans-
European transport networks?

Answer given by Mrs Wallström on behalf of the Commission

(22 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
‘inter alia’, of their nature, size or location are made
significant effects on the environment by virtue,
subject to an assessment of the environmental effects. These projects are defined in Article 4, which refers
to Annexes I and II to the Directive. The construction of motorways appears in Annex I point 7(b), which
means that an environmental impact assessment (EIA) must be carried out.

impact
In such a case, the Italian authorities should take measures to ensure that an environmental
assessment procedure is carried out which includes (a) a description of the aspects of the environment
likely to be significantly affected by the proposed project, such as archaeological heritage,
landscape,
population (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, the main reasons and considerations on which the decision is based
and a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major
adverse effects. The result of the consultations and the information gathered pursuant to Articles 5 and 6
must be taken into consideration in the development consent procedure.

The fact that the project in question is likely to have a negative impact on the environment (including
landscape and historic heritage)
is not, under the Directive, an obstacle to granting the development
consent, provided the procedural requirements of the Directive are complied with. Once an environmental
impact assessment has been carried out in accordance with the Directive, the decision as to whether to
grant development consent is at the discretion of the competent authority of the Member State.

C 78 E/820

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
evidence of any breach of the Directive in this specific case. The fact that the Italian Government replaced
23 of the 26 members of the Commission in charge of delivering an opinion on the project and that,
subsequently, that Commission approved the project, does not represent a breach of Directive 85/337/EEC
as amended.

The Commission can confirm that as the project does not form part of the trans-European transport
network it does not qualify for any co-financing from the TEN-T budget.

(1) OJ L 73, 14.3.1997.

(2004/C 78 E/0872)

WRITTEN QUESTION E-3488/03

by Albert Maat (PPE-DE) to the Commission

(24 November 2003)

Subject: Statements by individual Commissioners against Commission policy

The Netherlands’ Commissioner recently spoke out in the Dutch press against European agriculture policy,
recently reformed on the basis of a Commission proposal.

Is it possible for serving Commissioners to oppose Commission policy in public?

Answer given by Mr Prodi on behalf of the Commission

(19 February 2004)

As the Commission has frequently recalled in replies to written and oral questions by Members of
Parliament (1), the Members of the Commission are politicians carrying out a political function who, while
honouring the obligations imposed by this function, remain free to express their personal opinions quite
independently and on their own responsibility.

As regards outside activities, the Code of Conduct for Commissioners states that ‘Commissioners may be
active members of political parties or trade unions, provided that
this does not compromise their
availability for service in the Commission.’

In the case referred to by the Honourable Member, the comments of the Commissioner responsible for the
internal market should be regarded as falling within the above definition and should not therefore be
interpreted as impairing the principle of collegiate responsibility.

(1) See for example, the answers given by the Commission to Questions 2459/99, 2600/99 and 2628/99, OJ C 225 E,

8.8.2000 and the answer to Question 2629/99, OJ C 46 E, 13.2.2001.

(2004/C 78 E/0873)

WRITTEN QUESTION E-3505/03

by Hiltrud Breyer (Verts/ALE) to the Commission

(24 November 2003)

Subject: Information on the level of EU funding granted to Saarland between January 1997 and December

2002

For what measures was EU funding granted to Saarland between 1997 and 2002, and what were the

1.
sums involved from:

(a)

the European Social Fund;

(b)

the Fifth Framework Programme for Research;