Answer to Written Question: Compatibility of the ‘Terminillo Stazione Montana 2’ project with EU legislation
(Source: European Parliament)
Answer given by Mr Sinkevičius
on behalf of the European Commission
The Commission is currently investigating a complaint lodged in 2020 and covering the three questions raised by the Honourable Member.
Projects for ski runs, ski lifts and associated developments fall under point 12(a) of Annex II of the Environmental Impact Assessment (EIA) Directive. For such projects, there is no automatic obligation for an EIA. Member States have to determine, either through a case-by-case examination or according to thresholds or criteria, whether the project is to be made subject to an assessment because of its likely significant effects on the environment, taking into account the relevant selection criteria set out in Annex III of the Directive.
The works related to the replacement of a chair-lift appear to qualify as a modification to an existing project, falling under point 13(a) of Annex II of the EIA Directive, and as such should be subject to a determination whether to be made subject to an assessment. If during the determination it is concluded that the replacement would have significant adverse effects, then it should be subject to an EIA.
Compensation measures under Article 6(4) of the Habitats Directive are required under specific circumstances, in particular if it were found that the project would have a significant effect on the relevant protected site, and in the absence of mitigation measures or alternative solutions the project needs to be carried out for imperative reasons of overriding public interest. These assessments are for the competent national authorities.
 Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2011), as amended by Directive 2014/52/EU (OJ L 124, 25.4.2014).
 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. 7–50.