# CE2004088EN.01027001.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/270 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/270

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(2004/C 88 E/0275)

WRITTEN QUESTION E-1010/04

by Johannes Voggenhuber (Verts/ALE) to the Commission

(1 April 2004)

Subject:   Lobau motorway

Subject:

The Republic of Austria intends to build a motorway in the Lobau national park, which it notified to the Commission as a designated bird conservation area under Directive 79/409/EEC (1) and as a protected FFH area under Directive 92/43/EC (2).

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The planned motorway will cut into the edge of the conservation area and run under it through a tunnel. It would, however, be technically possible to choose another route which does not affect the Lobau conservation area.

There are also plans to develop a four to six-lane road (plus two hard shoulders) in the immediate vicinity of the Lobau conservation area, running in the direction of the motorway.

| 1. | Is it permissible under Community law to reduce the Lobau Natura 2000 area for a motorway project? |
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1.

Is it permissible under Community law to reduce the Lobau Natura 2000 area for a motorway project?

| 2. | Is it permissible to run a motorway underneath a Natura 2000 conservation area? |
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2.

Is it permissible to run a motorway underneath a Natura 2000 conservation area?

| 3. | Must an environmental impact assessment also be carried out in respect of the four to six-lane expansion of the road near the conservation area pursuant to Article 6 of the FFH Directive? |
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3.

Must an environmental impact assessment also be carried out in respect of the four to six-lane expansion of the road near the conservation area pursuant to Article 6 of the FFH Directive?

Answer given by Mrs Wallström on behalf of the Commission

(30 April 2004)

(30 April 2004)

The site ‘Nationalpark Donau-Auen (Wiener Teil)’ (AT1301000) was designated by Austria as a special protection area (SPA) under the Birds Directive (3) and proposed as a site of community interest (SCI) under the Habitats Directive (4). It has a size of 2 258 hectares (ha). Neighbouring that site, the site ‘Donau-Auen östlich von Wien’ in Lower Austria was designated as SPA (AT1204V00) with a size of 9 172 ha and proposed as an SCI (AT1204000) with a size of 9 579 ha. Both types of sites, SPAs and SCIs, make up the Natura 2000 network.

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Referring to the specific questions of the Honourable Member, the Commission would like to answer as follows:

| — | It is not permissible under Community law to reduce the surface of a Natura 2000 site in order to carry out an infrastructure project. The obligations of a Member State under the respective EU-nature legislation cannot be avoided that way. The delimitation of Natura 2000 sites needs to be done on a purely scientific basis, based on the occurrences and needs of species and habitats of Community interest. |
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It is not permissible under Community law to reduce the surface of a Natura 2000 site in order to carry out an infrastructure project. The obligations of a Member State under the respective EU-nature legislation cannot be avoided that way. The delimitation of Natura 2000 sites needs to be done on a purely scientific basis, based on the occurrences and needs of species and habitats of Community interest.

| — | The compatibility of a motorway development with the requirement of EU nature legislation needs to be judged on a case by case basis. Wherever a proposed plan or project is likely to affect a Natura 2000 site, the project must be subject to an assessement in accordance with the provisions of Article 6 of the Habitats Directive. This provides substantive and procedural safeguards to ensure that damaging developments are not allowed to affect Natura 2000 sites unless they can be justified, in the absence of alternative solutions, to be of overriding public interest. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment, or, further to an opinion from the Commission, to other imperative reasons of overriding public interest. |
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The compatibility of a motorway development with the requirement of EU nature legislation needs to be judged on a case by case basis. Wherever a proposed plan or project is likely to affect a Natura 2000 site, the project must be subject to an assessement in accordance with the provisions of Article 6 of the Habitats Directive. This provides substantive and procedural safeguards to ensure that damaging developments are not allowed to affect Natura 2000 sites unless they can be justified, in the absence of alternative solutions, to be of overriding public interest. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment, or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.

| — | An assessment according to Article 6 of the Habitats Directive needs to be done whenever a plan or project is likely to have a significant effect on a Natura 2000 site. If this is the case, it is of no relevance where this plan or project is located. It might be inside or outside the Natura 2000 site. |
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An assessment according to Article 6 of the Habitats Directive needs to be done whenever a plan or project is likely to have a significant effect on a Natura 2000 site. If this is the case, it is of no relevance where this plan or project is located. It might be inside or outside the Natura 2000 site.

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(1)  OJ L 103, 25.4.1979, p. 1.

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(2)  OJ L 206, 22.7.1992, p. 7.

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(3)  Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds as modified by Commission Directive 91/244/EEC of 6 March 1991, OJ L 115, 8.5.1991.

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(4)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.

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