Source: European Parliament
1. The Commission does not undertake impact assessments of plans and projects on the environment, as Member States are primarily responsible to ensure implementation and enforcement of EU environmental law. According to information provided by the Italian authorities, the construction of a weir-bridge in Pinzano for the creation of a detention basin is a measure aimed at mitigating flood risk in Italy’s Flood Risk Management Plan (FRMP). Following technical assessments and studies carried out by competent authorities and discussions with stakeholders , a set of interventions was identified to achieve the mitigation effect proposed by this measure[1]. The possible environmental impacts resulting from the measure are reported in the first FRMP, which underwent a Strategic Environmental Assessment (SEA)[2]. The measure is also included in the current FRMP. Having been the subject of an SEA already, the assessment of actual impacts requires a more defined project design of the interventions, to be evaluated through an Environmental Impact Assessment[3] and the appropriate assessment required under Articles 6(3) and 6(4) of the Habitats Directive[4]. It must also be assessed whether these interventions would have an adverse effect on the status of the body of water concerned, and, if so, whether they would be covered by a derogation under Article 4(7) of the Water Framework Directive[5].
2. Based on the information above, the Commission has no evidence that the measure infringes EU law. In its role as guardian of the Treaties, the Commission will continue monitoring the situation and may decide to take appropriate action.
- [1] The set of interventions includes: i) a weir with an in-line detention basin in the river reach crossed by the Dignano bridge; ii) a weir with an off-line detention basin, close to the Madrisio bridge, and iii) adjustments to enhance and/or retrofit levees, overflow channels, and the drainage network. The residual risk would be managed through the two non-structural measures: i) the Citizen Observatory (Osservatorio dei Cittadini) and ii) the update of Civil Protection Plans.
- [2] Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, OJ L 197, 21.7.2001, p. 30-37.
- [3] Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, OJ L 026 28.1.2012, p. 1.
- [4] Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206 22.7.1992, p. 7.
- [5] Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1.