92002E0477

WRITTEN QUESTION E-0477/02

by Gianfranco Dell'Alba (NI) to the Commission

(22 February 2002)

Subject: Infringement procedure No 1999/4715 concerning the Lotto Zero project: alternative to state road SS 80 between Teramo and Giulianova

On 26 July 2001 the Commission sent a reasoned opinion to Italy concerning the infringement of Directive 85/337/EEC(1) on the assessment of the effects of certain public and private projects on the environment.

In its opinion, the Commission stated that Italy had not met its obligations under Article 4(2) of Directive 85/337/EEC, as it had not checked whether the project to construct a by-pass to the city of Teramo (Lotto Zero project: alternative to state road SS 80 between Teramo and Giulianova) a project covered by Annex II of Directive 85/337/EEC required an environmental impact assessment under Articles 5 to 10 of that directive.

Under Article 226 of the EC Treaty, the Commission called on Italy to take the necessary steps to comply with its reasoned opinion.

In view of the above:

- what stage has the above infringement procedure now reached and, specifically, has Italy taken the necessary steps to comply with the Commission's opinion?

- If so, what measures have been taken, and does the Commission consider them to be appropriate and satisfactory?

- If Italy has not taken the necessary measures, how does the Commission intend to act?

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

Answer given by Mrs Wallström on behalf of the Commission

(11 April 2002)

On the basis of Article 226 of the EC Treaty, if the Commission considers, that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice.

The last development in the procedure, under Article 226 of the EC Treaty, mentioned by the Honourable Member is the decision of the Commission to make an application to the Court. In the opinion of the Commission, Italy has breached 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) in this specific case. The contents of infringment procedures are confidential.

The Parliament is regularly informed of the status of all infringement procedures under way. Details about the stage of infringement procedures against all Member States, which have at least been made the subject of a reasoned opinion, can be found in the Reports on monitoring the application of Community law annually published from the Commission.

Information concerning infringement procedures are also published, and frequently updated, on the Commission's Europa Internet site(2).

(1) OJ L 175, 5.7.1985 as modified by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.

(2) http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm

infractions.