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En En Notice to Members European Parliament 2014-2019 Committee on Petitions 29.6.2016 NOTICE TO MEMBERS Subject: Petition 0735/2008 by Remo Castagnieri [and] Alberto Paolo Veggio (Italian), bearing 154 signatures, on the Lyon-Turin rail link (Valle Susa), Petition 0726/2011 by Enrico Venezia (Italian), on objections to the construction of a Turin–Lyons high-speed rail link Petition No 1036/2015 by Marco Bava (Italian) on the reversal of the decision to build the high-speed Turin-Lyon railway line 1. Summary of petition 0735/2008 The petitioners consider that the European Union should halt its EUR 671.8 million funding of studies and activities in connection with the Lyon-Turin rail link, on the grounds that it is incompatible with European legislation. They state that the Italian government is not honouring agreements to consult regional and local authorities and citizens. Summary of petition 0726/2011 The petitioner seeks the halting of construction work on the Turin–Lyons high-speed railway line, which, in his view, would cause serious environmental damage. Summary of petition 1036/2016 Considering the lack of economic resources, along with the reduction to the movement of goods and possible environmental damage that the high-speed Turin-Lyon railway line project may be causing, the petitioner suggests that the project is suspended. CM\1099555EN.doc PE421.159v03-00 EN United in diversity EN 2. Admissibility Petition 0735/2008 declared admissible on 21 October 2008, Petition 0726/2011 declared admissible on 4 November 2011. Petition 1039/2015 declared admissible on 20 April 2016 Information requested from Commission under Rule 216(6). 3. Commission reply, received on 20 February 2009 Petition 0735/2008 The petition The petitioners call on the European Commission to halt the EUR 671.8 million funding awarded to the project for studies and works in connection with the construction of the new Lyon-Turin rail link. They consider that the Italian Government is not honouring its undertakings in respect of public consultation with regional authorities and citizens. Commission’s comments on the petition/legal analysis At the request of a number of local authorities, the Italian Government decided on 10 December 2005 to establish a technical observatory (Osservatorio Valle di Susa) which was set up under the auspices of the Prime Minister. The Observatory opened a phase of consultation with the local area. The Observatory’s remit was to carry out technical studies of harmonisation-related aspects. The weekly meetings of the Observatory gave all the players involved a chance to meet and discuss the issues raised by the project in an open and transparent forum. The Observatory completed its work (December 2006 – June 2008) by drawing up a position paper (the Pracatinat Agreement), dated 29 June 2008, setting out a recommendation to the ‘Palazzo Chigi Institutional Working Group’. The main points of this document take the form of: • recommendations on transport policy (modal shift, local and regional transport) and recommendations on the preliminary studies and materials drawn up by LTF (Lyon – Turin Ferroviaire) and in particular a decision to undertake works in compliance with the ‘European timetable’. The ‘Palazzo Chigi Institutional Working Group’, meeting on 29 July 2008 in Rome, endorsed the Observatory’s findings. On this basis, the Government, in agreement with the Piedmont Region and the Mayor and Province of Turin, stressed the need for ‘unitary governance’ of all the project’s studies and for ongoing consultation with the local and regional authorities during this phase. The Intergovernmental Commission (CIG) was also asked to request LTF to update the dossier presented to the European Commission to take account of the findings of the Pracatinat Agreement. Lastly, it was decided that the procedures for drawing up an overall draft plan (Progetto Preliminare) for the new Lyon-Turin line should take an interdisciplinary approach, PE421.159v03-00 2/6 CM\1099555EN.doc EN with input from local authorities. The Commission considers that the Community funding cannot be halted on the basis of the request set out in the petition in question. The funding requested by the Italian State satisfies all the criteria in the call for proposals, and the selection of projects that the Commission proposed financially to support under the 2007-2013 multi-annual programme was evaluated in compliance with the rules in force and in a fully transparent way. The authorities involved in the evaluation and selection approval procedure were consulted and gave their assent (the Member States within the Management Committee and the European Parliament). It should also be borne in mind that the petition dates back to May 2008 and does not therefore take account of progress made with the dossier as described in part II above. Conclusion The Commission does not share the petitioner’s point of view; on the contrary, it welcomes recent progress with the Lyon-Turin rail link. 4. (REV) Commission reply, received on 17 February 2012 Petitions 0735/2008 and 0726/2011 The Commission would like to update the Petitions committee on the progress made with the project of a new railway link Lyon-Turin. In August 2011 the Italian government decided to further downscale the project and only build the cross-border base tunnel and then connect the new line to the existing railway line at Susa, therefore further limiting the scope of the project as it stands at this moment in time. In December 2011 France and Italy agreed on the new governance structure for the future project promoter and on the distribution of the costs between the two countries of the cross- border project. They have mandated the current promoter of the project, Lyon-Turin Ferroviaire (LTF) to prepare the definite design of the project, which will take 12 months. This will also include the necessary environmental impact assessment as foreseen by EU legislation. As regards the works on the Italian side at Chiomonte the following can be reported: During the past 6 months the construction site has been prepared. This included building a direct access to the motorway, which runs on bridges above the site, thus lorries will not need to pass the village of Chiomonte. The actual site of the tunnel portal lies on the northern side of the motorway in an uninhabited area. By end of January 2012 all 7 hectares will have been acquired by the project promoter LTF. The actual works on the tunnel will start in February/March, depending on the local weather conditions. The La Maddalena tunnel will be 7500m long and 6.3m in diameter. The first 250m will be excavated by explosives making room for the assembly of the tunnel boring machine with which the tunnel will be dug. The estimated duration of the works is 4 years. (A leaflet explaining the works at La Maddalena CM\1099555EN.doc 3/6 PE421.159v03-00 EN can be accessed under: http://www.ltf-sas.com/upload/File/LTF%20brochure%20FR-b.pdf The Commission underlines once again that the EU environmental rules, and in particular Directive 85/337/EEC1, will have to be respected for this project. 5. (REV I) Commission reply, received on 29 June 2016 Petitions 0735/2008, 726/2011 and 1036/2015 In his letter of 20 February 2015, the author of petition 0735/2008 claims that 'there is absolutely no official act confirming any agreement or consultation between the Italian Government and the Valle Susa Observatory for the Turin-Lyon railway line on the one hand and the local administrations and the citizens they represent on the other hand; at least one of the key points required by the EU to grant funding for the TEN project, i.e. to consult the local population concerned by the works, is therefore lacking'. Furthermore the petitioner alleges the following: • the militarisation of a large part of the area concerned; • the vigorous action of the judiciary against opponents of the works; • the exclusion of administrations opposed to the works by the Technical Observatory. The Commission's remarks on these allegations, point by point, are as follows. Alleged lack of consultation As far as the Commission is informed by the Italian authorities, public consultations on the Lyon-Turin project were carried out using procedures unprecedented in Europe, i.e. two extraordinary instruments for debating opinions, designed to reinforce the means provided by the law: - The Palazzo Chigi’s “institutional table” met seven times from 2006 onwards to define the different stages of the discussions with local governments, to assess the work of the Observatory, and to regularly update its mandate and the objectives. The Institutional Table was chaired by the Italian prime minister, underlining the high value placed on it as an institution. Its members were the six ministers concerned by the subject, the representatives of the territories (region, province and all the impacted municipalities), the project developers (the binational company Lyon Turin Ferroviaire LTF, now TELT-Tunnel Euralpin Lyon Turin, and the Italian railway infrastructure company RFI), as well as representatives of the Franco –Italian Intergovernmental commission for Lyon-Turin. - the technical Observatory of the Lyon-Turin railway link is made up of technical experts representing the same entities as those on the Institutional Table, to which it reports periodically on the basis of the mandates it has received. The Observatory began its work on 12 December 2006, and to date, has held more than 240 working sessions on an approximately weekly basis. Over 300 auditions have been held including 70 international auditions. This work was carried out in 12 working groups focusing on specific themes which 1 OJ L 175, 5.7.1985, p.40; OJ L 73, 14.3.1997, p.5; OJ L 156, 25.6.2003, p.17; OJ L 140, 5.6.2009, p.114.
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