91997E3109

WRITTEN QUESTION E-3109/97 by Roberta Angelilli (NI) to the Commission (13 October 1997)

Subject: Roma-Pantona line at Tor Bella Monaca

The residents of Tor Bella Monaca, a densely populated Roman suburb, have recently made representations to the commune of Rome to stop construction work on the Rome-Pantano light metro and revise the plans. The present plan for this project, which would pass overground through the built-up area of Tor Bella Monaca, involves the construction of a railway line enclosed between two concrete walls several metres high. The local residents point out that, if the railway followed the planned route, the walls would be built almost directly in front of people's homes, and the impact on the environment would be disruptive to say the least. It appears that the official plans for the project fail to indicate a large number of homes situated right next to the proposed high concrete walls.

In view of the foregoing,

1. Is this project covered by Annex II of Directive 85/337/EEC ((OJ L 175, 5.7.1985, p. 40. )) on environmental impact assessment?

2. Does the failure to involve local residents in the environmental impact assessment study for the Rome- Pantano light metro project constitute a breach of Directive 85/337/EEC?

3. If it is ascertained that the provisions of that directive were breached, does the Commission consider that fresh plans should be drawn up in accordance with Community legislation?

4. Does the Commission intend to take the initiative on this matter?

Answer given by Mrs Bjerregaard on behalf of the Commission (18 November 1997)

The project referred to falls within the scope of Annex II of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects on the environment.

In this type of project, the environmental impact assessment procedure is not compulsory. However, the Court of Justice, by its judgment of 2 May 1996 in case C-133/94, Commission/Belgium, ruled that a national law excluding a priori certain projects of the classes listed in Annex II from possibly having to undergo an environmental impact assessment, where it is found that the characteristics of the projects of the said classes require the above-mentioned assessment, is contrary to Directive 85/337/EEC, and in particular Articles 2(1) and 4(2).

It is clear that if the environmental impact assessment procedure is necessary, the absence of measures enabling citizens to express their opinion on the project, in accordance with the procedure provided for in Directive 85/337/EEC, constitutes a breach of this Directive.

In the event of a breach of Directive 85/337/EEC, the Commission does not have the power to call for a new project to be carried out. However, it can insist that the Member State concerned comply with the obligations under the Directive for the project in question, pursuant to the procedure laid down in Article 169 of the EC Treaty.

The Commission will intervene by requesting information from the Italian authorities on the facts presented by the Honourable Member. If necessary, the Commission will investigate the case in accordance with Article 169 of the EC Treaty.