WRITTEN QUESTION E-0324/00 by María Sornosa Martínez (PSE) to the Commission. Construction of the Valencia-Tarragona railway line.
21. 11. 2000 EN Official Journal of the European Communities C 330 E/127 Directive 92/43/EEC (2) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. Therefore, as far as nature conservation is concerned, this case appears to be the responsibility of the Spanish national and regional authorities alone. With regard to Council Directive 85/337/EEC (3) of 27 June 1985 on the assessment of certain public and private projects on the environment, it should be noted that Article 2 thereof provides that projects likely to have significant effects on the environment by virtue of their nature, size or location must be made subject to an assessment with regard to their effects before authorisation is granted. This provision applies to projects of the classes listed in Annexes I and II to the Directive. Annex I point 7 (a) includes the construction of airports with a runway length of 2 100 metres or more. Annex II, point 10 (d) includes the construction of airfields other than those listed in Annex I. Under the terms of Article 4(1) projects of the classes listed in Annex I must be made subject to an environmental impact assessment. For projects of the classes listed in Annex II, Member States must determine through a case-by- case examination whether or not the project should be made subject to an assessment in accordance with Articles 5 to 10. It should be noted that Directive 85/337/EEC was amended by Directive 97/11/EC (4). However, under Article 3(2) of Directive 97/11/EC if a request for authorisation is submitted before 14 March 1999 the provisions of Directive 85/337/EEC prior to the amendments continue to apply. In view of the above, the Commission cannot, on the sole basis of the information provided by the Honourable Member, determine whether the aforesaid Community provisions are applicable to the project in question. It should be pointed out that the Commission does not have the power to ask the Spanish authorities to suspend the work and activities under way in the area as the Honourable Member requests. At all events, the Commission, as guardian of the Treaties, will take the necessary measures to ensure that Community law is complied with in the case in question. (1) OJ L 103, 25. 4. 1979. (2) OJ L 206, 22. 7. 1992. (3) OJ L 175, 5. 7. 1985. (4) OJ L 73, 14. 3. 1997. (2000/C 330 E/141) WRITTEN QUESTION E-0324/00 by María Sornosa Martínez (PSE) to the Commission (11 February 2000) Subject: Construction of the Valencia-Tarragona railway line The planned construction of a railway line between Valencia and Tarragona, which was approved by the Spanish authorities in 1996, will create a number of environmental problems as it passes through the towns of Benicàssim and Oropesa. Those problems have been duly notified to the various local, national and Community institutions by the people living in the affected area, who maintain that the route which has finally been decided upon will involve the destruction of residential areas, the laying of the railway line through places frequented by children (such as Benicàssim school), the risk that the building works or the passing of the trains will affect historic buildings (such as the town cemetery, which dates from the beginning of the last century), the destruction of smallholdings and cattle tracks, damage to the country- side caused by substituting ornamental species for native plants and risks to health and to the local population stemming from the hilly terrain and the periodic threat of cold fronts (which could cause railway embankments to be washed away by heavy rain). C 330 E/128 Official Journal of the European Communities EN 21. 11. 2000 The effects which the project may have on the environment have already become apparent with the arrival of the heavy machinery to be used for the construction work (which has led to the destruction of native woodlands in the vicinity of the protected area known as the Desierto de Las Palmas Natural Park) and with the setting off of explosions needed to blast out tunnels (which caused a fire to break out). The project has been approved by the Spanish authorities, even though the statutory declaration of environ- mental impact has not been produced. The only thing which does exist is a study which is quite inadequate as a means of assessing environmental risks and which, in addition, does not exactly cover the route in its final form since it does not include the town of Oropesa. Furthermore, the study does not address essential considerations such as future emissions caused by passing trains, the issue of waste, noise pollution or the micro-climatic effect of the embankments. In the light of the facts set out above, the Spanish authorities could be infringing Community law, in particular Directive 97/11/EC (1) on the assessment of the effects of certain public and private projects on the environment. Since, according to two billboards which have been erected at the construction site, the project is receiving 85 % of its funding from the EU via the Cohesion Fund, does the Commission not think that Community funding for the construction work should be suspended until a proper environmental impact statement has been drawn up? Could the Commission say what stage it has reached in dealing with Petition No 99/4495, which was submitted by the Asociación Benicàssim Pro Enterramiento del Ferrocarril? (1) OJ L 73, 14. 3. 1997, p. 5. Answer given by Mrs Wallström on behalf of the Commission (29 March 2000) The Commission finds 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) to be applicable to this project. It will not hesitate to take all necessary steps to ensure compliance with Community law in this case. In examining the complaint, the Commission will keep the complainant informed of developments. (1) OJ L 175, 5. 7. 1985, amended by Directive 97/11/EC of 3. 3. 1997. (2000/C 330 E/142) WRITTEN QUESTION E-0329/00 by Mauro Nobilia (UEN) to the Commission (11 February 2000) Subject: Monopoly of the Italian Register of Shipping (R. I. N. A. ) The Italian Register of Shipping (R. I. N. A. ), established in 1861, checks and inspects the seaworthiness and safety of merchant ships. This body, governed by private law, has the task of classifying vessels and can consequently issue the internationally valid safety certificates essential for navigation. That being the case, could the Commission: ü ascertain whether the fact that the R. I. N. A. is a body governed by private law is incompatible with the monopoly powers which it exercises at national level for the purposes of certifying the safety of merchant ships; ü ascertain whether the fact that shipowners serve on the R. I. N. A. management board is contrary to Community rules, since the shipowners are placed in the awkward position of supervising themselves; ü take steps, if it thinks fit, with a view to setting up a supranational body to oversee the actions of bodies such as the R. I. N. A. ?