WRITTEN QUESTION E-0502/02

by Armin Laschet (PPE-DE) to the Commission

(22 February 2002)

Subject: Mutual obligation for municipalities to inform each other of projects

1. When planning and carrying out projects affecting other municipalities and citizens in a neighbouring EU Member State, are municipalities obliged to provide advance notice of these projects or coordinate them with the local administration in the neighbouring municipality?

2. In what cases are municipalities obliged to provide neighbouring municipalities in other EU countries with advance notice of their projects? In what cases is cross-border coordination of projects required?

3. If advance notice and coordination is not required, does the Commission consider that it would be desirable to draw up European regulations?

Answer given by Mr Barnier on behalf of the Commission

(26 April 2002)

The Honourable Member is reminded that matters pertaining to spatial planning fall under the authority of the Member States.

Where the environment is concerned, if the project is of the types listed in Annexes I and II to Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on assessment of the effects of certain public and private projects on the environment(1), the Member State in which it will be located must, if it is likely to have a significant impact across its border, consult the neighbouring Member States in question.

In the event of confirmation of a significant impact these Member States and the general public concerned must be properly informed of the project and its environmental impact in order to enable their observations to be registered within a reasonable time. Member States generally consult one another on cross-border impact and the minimisation action planned.

There is no other provision apart from this requiring a local authority to inform, prior to execution of a project, a local authority in a neighbouring Member State.

(1) OJ L 73, 14.3.1997.