Preliminary answer given by Mr Potočnik on behalf of the Commission
The Commission is not aware of the situation with regard to work being carried out by SITAS S.p.A on the Malfatano coast in Italy without a preliminary evaluation having been carried out on the entire project.
The Commission will request information from the Italian authorities on compliance with the Environmental Impact Assessment Directive(1) and report back to the Parliament after having evaluated their response.
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended; OJ L 175, 5.7.1985; OJ L 73, 14.3.1997; OJ L 156, 25.6.2003; OJ L 140, 5.6.2009.
Supplementary answer given by Mr Potočnik on behalf of the Commission
The Commission has now received information from the Italian (Sardinia Region) authorities regarding the application of Directive 85/337/EEC(1) as amended, to the works being carried out by SITAS S.p.A on the Malfatano coast.
The Sardinian authorities confirm the information in the Honourable Member’s written question that there are indeed several lots, and that EIA screening procedures have been carried out on three of them — one of these continued to a full EIA (E1/h), and the other two were screened out from full assessment (E1e-E1f and E1g). The other two lots (E1d and E1i) were not subject to EIA screening as they fell below the physical size threshold established in the applicable law.
In contrast to the assertion in the written question, the Sardinian authorities state that the lots are not contiguous, touching only slightly, and therefore cannot be considered as a ‘single building complex’ (complessivo progetto immobiliare) being autonomous, approved and developed individually and lacking functional interdependency.
Nevertheless, the SIVEA service (today called SAVI(2)) requested that the Technical Examination Body (Organo Tecnico Istruttore) examine the three requests EIA screening requests (E1h, E1e-E1f and E1g), in order to see if there were any cumulative impacts between them. This led to the respective Decisions (Determinazioni) No 2204/VIII of 18 September 2002 for E1h for and 2218/VIII of 19 September 2002. The former led to a request from SITAS S.p.A to activate an EIA procedure for lot E1h on 28 July 2003. The EIA procedure was concluded with a positive opinion from SAVI with a Decision (Delibera) from the Region of Sardinia number 24/17 on 27 May 2004.
The Sardinian authorities state that on 3 November 2008 that Teulada Council, in conformity with the Municipal Urban Plan (Piano Urbanistico Comunale) approved a modification to lot E1e which involved increasing the number of beds foreseen from 800 to 838 without any changes to the volume foreseen in the lot or in the building. The Sardinia Region maintained that for such a change, it is not necessary to carry out an EIA screening, and the Commission concurs with this view.
Currently, the Sardinia Region is considering whether another modification to lot E1e-E1f should be subject to EIA screening.
Regarding impacts on Natura 2000 sites established under the Habitats Directive, the Sardinia Region states that there are no Sites of Community Interest (SCI) in the area of the intervention.