----

(2004/C 33 E/089)

WRITTEN QUESTION E-1358/03

by Geoffrey Van Orden (PPE-DE) to the Commission

(10 April 2003)

Subject:   The Via Baltica' road project in Poland

Joint answer

to Written Questions E-0925/03, E-1032/03 and E-1358/03

given by Mrs Wallström on behalf of the Commission

(21 May 2003)

On accession to the Union, Poland will be bound by Community law relating to the environmental impact of projects and in particular their impact on any natural site of special value. Moreover the Commission encourages Acceding Countries to apply and implement the provisions of the environmental acquis already during the pre-accession period, in particular as regards all new investments such as motorways. The relevant Community Directives are those on Habitats (92/43/EEC) (1), Birds (79/409/EEC) (2), Environmental Impact Assessment (97/11/EC) (3) and the Directive on the Assessment of the Effects of Certain Plans and Programmes on the Environment (2001/42/EC) (4), which has to be applied from July 2004. Community funding for any such investment will only be made available if the requirements of Community legislation on environment and interoperability are respected.

The sensitive wildlife sites referred to are likely to be identified as Natura 2000 sites on Polish accession. This implies that strict conservation rules will apply. Article 6 of the Habitats Directive requires all Member States to carry out a full assessment of all alternatives to a proposed investment that risks having a negative environmental impact on a possible Natura 2000 site. If no alternative exists, the investment can only be allowed if it demonstrates overriding public interest and all compensatory and mitigation measures have been applied.

It is also important to emphasise that these requirements have recently been transposed into Polish law through amendments to the Nature Conservation Act. As a result they apply also in Polish legislation.

The Commission wishes to underline that no PHARE or Instrument for Structural policies for Pre-accession (ISPA) funding has been provided for the construction of a motorway across through the areas referred to. Furthermore, no such project features in the current project pipeline.

Additionally, the Commission is currently launching a study for an independent assessment of the impacts of already programmed improvements and identification of priorities for further investment on this Corridor, covering the three affected countries from Tallinn to Warsaw. This would include consideration of the environmental and cost implications of existing and alternative alignments.

----

(1)  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.

(2)  Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979.

(3)  Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ L 73, 14.3.1997.

(4)  Directive 2001/42/EC of the 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.

----