# CE2004084EN.01094701.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/947 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/947

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(2004/C 84 E/1046)

WRITTEN QUESTION P-1108/04

by Dorette Corbey (PSE) to the Commission

(5 April 2004)

Subject:   Drilling for gas in the Waddenzee

Subject:

On 15 March 2004, the newspaper NRC Handelsblad reported that the Advisory Group on Policy on the Waddenzee had advised the Netherlands Government to permit the extraction of 40 billion m3 of natural gas from the Waddenzee because there were no ecological grounds for a fresh moratorium on extraction. If any subsidence were to occur as a result, the Advisory Group argues, the drilling could be halted. In the answer to my question to the Commission in 1999 (P-2297/99 (1)) the Commission stressed that naturally the precautionary principle applied. In case of doubt, nothing should be done unless a reason existed based on the overriding public interest. If it could be demonstrated that the extraction would have a significant adverse impact, compensatory measures should be taken to ensure that the overall coherence of Natura 2000 was protected. The Commission also mentioned that the term ‘significant effect’ in Article 6 of the Habitats Directive had a broader meaning than ‘irreversible effect’.

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| 1. | Does the Commission agree that there is a genuine risk of subsidence and that the precautionary principle must apply? |
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1.

Does the Commission agree that there is a genuine risk of subsidence and that the precautionary principle must apply?

| 2. | In relation to the anticipated subsidence, is it possible to take compensatory measures in advance? Is interference with the sand and sediment deposits an acceptable disruption of the natural environment in the Waddenzee? |
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2.

In relation to the anticipated subsidence, is it possible to take compensatory measures in advance? Is interference with the sand and sediment deposits an acceptable disruption of the natural environment in the Waddenzee?

| 3. | In the interests of nature conservation, the Waddenzee ought to be left in peace as a unique natural area. In the light of the Green Paper on the security of energy supply, the EU's growing dependence on gas imports (up to 70 % in 20 or 30 years' time) and rising gas prices, can the Commission confirm or deny that in fact there is an overriding public interest in postponing the extraction of 40 billion m3 of natural gas for at least 20 years and reassessing in 2025 whether gas extraction in the Waddenzee is in the public interest? |
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3.

In the interests of nature conservation, the Waddenzee ought to be left in peace as a unique natural area. In the light of the Green Paper on the security of energy supply, the EU's growing dependence on gas imports (up to 70 % in 20 or 30 years' time) and rising gas prices, can the Commission confirm or deny that in fact there is an overriding public interest in postponing the extraction of 40 billion m3 of natural gas for at least 20 years and reassessing in 2025 whether gas extraction in the Waddenzee is in the public interest?

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Answer given by Mrs Wallström on behalf of the Commission

(30 April 2004)

(30 April 2004)

| 1. | The Wadden Sea is an area that has to be protected as a special protection area in the sense of Council Directive 79/409/EECof 2 April 1979 on the conservation of wild birds (2) and as a special area of conservation in the sense of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3).
  The Commission is aware of a number of studies indicating that natural gas extraction from sub-surface layers in the Wadden Sea may have direct and indirect negative effects on the Wadden Sea ecosystem, such as a subsidence of the soil, a decreasing area of tidal mud flats and tidal marshes, changes in the sedimentation regime, noise, visual disturbance and pollution risk. It is the responsibility of the competent Dutch authorities to evaluate if the impact of the exploitation of another 40 billion cubic metres (m3) of natural gas on the Wadden Sea is likely to be significant or not. Should it appear that significant negative effects are likely to occur, then an appropriate assessment according to Article 6(3) of Directive 92/43/EEC must be made. The competent national authorities may agree to the further exploitation of natural gas in the Wadden Sea only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. The Commission is of the opinion that in this context the precautionary principle has to be taken into account. The provisions of Article 6(4) of Directive 92/43/EEC apply in the case of a negative assessment of the project's implications for the site. |
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1.

The Wadden Sea is an area that has to be protected as a special protection area in the sense of Council Directive 79/409/EECof 2 April 1979 on the conservation of wild birds (2) and as a special area of conservation in the sense of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3).

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The Commission is aware of a number of studies indicating that natural gas extraction from sub-surface layers in the Wadden Sea may have direct and indirect negative effects on the Wadden Sea ecosystem, such as a subsidence of the soil, a decreasing area of tidal mud flats and tidal marshes, changes in the sedimentation regime, noise, visual disturbance and pollution risk. It is the responsibility of the competent Dutch authorities to evaluate if the impact of the exploitation of another 40 billion cubic metres (m3) of natural gas on the Wadden Sea is likely to be significant or not. Should it appear that significant negative effects are likely to occur, then an appropriate assessment according to Article 6(3) of Directive 92/43/EEC must be made. The competent national authorities may agree to the further exploitation of natural gas in the Wadden Sea only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. The Commission is of the opinion that in this context the precautionary principle has to be taken into account. The provisions of Article 6(4) of Directive 92/43/EEC apply in the case of a negative assessment of the project's implications for the site.

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| 2. | Compensatory measures are intended to compensate for the effects on a habitat affected negatively by a project. The design and feasibility of any compensatory measures for a given project can be considered only after having precisely ascertained the negative impact of that project on a site. Changes in the sedimentation regime in the Wadden Sea are among the potential effects of gas exploitation in that area. It is the responsibility of the competent Dutch authorities to evaluate if any expected changes are likely to have a significant effect on the Wadden Sea ecosystem and if so, to make sure that the relevant provisions of Article 6(3) and (4) are applied. |
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2.

Compensatory measures are intended to compensate for the effects on a habitat affected negatively by a project. The design and feasibility of any compensatory measures for a given project can be considered only after having precisely ascertained the negative impact of that project on a site. Changes in the sedimentation regime in the Wadden Sea are among the potential effects of gas exploitation in that area. It is the responsibility of the competent Dutch authorities to evaluate if any expected changes are likely to have a significant effect on the Wadden Sea ecosystem and if so, to make sure that the relevant provisions of Article 6(3) and (4) are applied.

| 3. | It is a matter of subsidiarity and therefore completely left to Member States whether the gas demand in a certain Member State will be met by indigenous production or by imported gas. However, Member States are obliged to ensure compliance of their respective policies with Community rules currently in force, such as Directive 92/43/EEC. |
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3.

It is a matter of subsidiarity and therefore completely left to Member States whether the gas demand in a certain Member State will be met by indigenous production or by imported gas. However, Member States are obliged to ensure compliance of their respective policies with Community rules currently in force, such as Directive 92/43/EEC.

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(1)  OJ C 225 E, 8.8.2000, p. 91.

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(2)  OJ L 103, 25.4.1979 as amended by Commission Directive 91/244/EEC of 6 March 1991, OJ L 115, 8.5.1991.

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(3)  OJ L 206, 22.7.1992.

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