92001E3336

WRITTEN QUESTION E-3336/01

by Reinhold Messner (Verts/ALE)and Luigi Vinci (GUE/NGL) to the Commission

(3 December 2001)

Subject: 'Third satellite' building at Malpensa Airport and environmental impact assessment

Work is due to start very shortly on a new building, known as the third satellite, at Milan's Malpensa Airport, which will deal with the terminal's aircraft docking systems, as well as all passenger and freight loading and unloading operations. This building was authorised by Ministerial Decree 903/87 on the basis of the same design and volume as the existing buildings. The foundations of the third satellite were therefore built in line with the design and volume of the first two.

The new building project, which has apparently been approved by the Ministry of Construction, is different from that approved in 1987 (Minister of Transport Decree of 13 February 1987, No 903/87 General development plan for Malpensa Airport) and provides for a new third satellite whose height, volume and passenger flow will be well in excess of the first two satellites, built in 1997-1998. According to official statements, Malpensa's capacity is due to increase from 20-22 million to 40 million passengers (if not more) a year(1). The amended plans will result in a building which will differ substantially from the original project. This is illustrated by the fact that the new plans for the building of the third satellite actually provide for the demolition of the existing foundations, which were designed to carry the loads expected under the 1987 project (two storeys and three levels), and not the five storeys and six levels which are now being planned.

No environmental impact assessment procedure was conducted with regard to the third satellite plan, despite the fact that significant changes had now been made.

Recent requests for access to information on the subject have simply met with unspecific and evasive replies from local mayors, the SEA ('Società Esercizi Aeroportuali') and the Ministry of Transport.

Does the Commission not consider it necessary to carry out an environmental impact assessment of the third satellite infrastructure, in accordance with Directives 85/337/EEC(2) and 97/11/EEC(3)?

Would the Commission not agree that Directive 90/313/EEC(4) on the freedom of access to information on the environment has been circumvented?

(1) See La Prealpina, 28.4.2001.

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

(3) OJ L 73, 14.3.1997, p. 5.

(4) OJ L 158, 23.6.1990, p. 56.

Answer given by Mrs Wallström on behalf of the Commission

(1 February 2002)

According to Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment and 97/11/EC of 3 March 1997 which has modified Directive 85/337/EEC, Member States are obliged 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. Projects covered by the Directive are identified in the annexes. The Commission has the task of ensuring the correct application of Community law and, therefore, in this case, of assessing whether the Community legislation on environmental impact assessment (EIA) has been correctly applied in the Member State concerned.

On the basis of the information given by the Honourable Member, the work to which the question makes reference, a project for a new building, known as the third satellite, at Milan's Malpensa Airport, which will deal with the terminal's aircraft docking systems, as well as all passenger and freight loading and unloading operations is different from the main Malpensa project approved in 1987 and could fall either into class 12 Modifications to development projects included in Annex I of Annex II of Directive 85/337/EEC prior to the amendments or into class 13 Any change or extension of projects listed in Annex I or Annex II, already authorized, executed or in the process of being executed, which may have significant adverse effects on the environment of Annex II of Directive 85/337/EEC, as modified by Directive 97/11/EC.

Under Directive 85/337/EEC prior to the amendments, projects falling into Annex II are to be made subject to an environmental impact assessment (EIA) where Member States consider that their characteristics so require. However, Member States are considered to be obliged to make a pre-assessment in order to establish whether Annex II projects need to be made subject to an EIA procedure. Under Directive 85/337/EEC, as modified, for Annex II projects, Member States are obliged to determine through a case-by-case examination or thresholds or by the setting of criteria whether the project shall be made subject to an assessment in accordance with Articles 5 to 10.

In order to identify the correct Community law to be applied, it is necessary to check when the request for development consent of the project for the third satellite, at Milan's Malpensa Airport (other than the main Malpensa project approved in 1987) was submitted to the competent authority: projects whose requests for development consent were submitted to a competent authority before 14 March 1999 are governed by the provisions of Directive 85/337/EEC (prior to its 1997 amendment).

The Commission has already opened a complaint on the project and a letter has been sent to the Italian authorities to request information on the issue. The Commission will take the appropriate steps in order to ensure the observance of Community law.

As regards the application of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment, the information given by the Honourable Member is not sufficiently detailed. Due to a lack of grounds of complaint on the application of Directive 90/313/EEC, no breach of the directive mentioned above can be identified at present. Should the Honourable Member provide detailed information enabling the Commission to assess the issues in relation to Directive 90/313/EEC, the Commission would be able to also investigate this matter.