# CE2004078EN.01016501.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/165 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/165

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(2004/C 78 E/0170)

WRITTEN QUESTION P-2776/03

by Hans Kronberger (NI) to the Commission

(11 September 2003)

Subject:   Conflict between the objectives of Directive 2001/77/EC on renewable energy and the implementation of the EU Water Framework Directive in Austria

Subject:

In Austria, small hydroelectric power plants are a vital source of energy, supplying 8 % of the electricity market. They generate electricity cheaply and are environmentally benign, as they do not emit any pollutants or consume any materials. Consequently, small-scale hydroelectric power makes a substantial contribution to the attainment of the Kyoto objectives and of the objectives set forth in Directive 2001/77/EC (1) on renewable energy.

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The implementation of the EU Water Framework Directive in Austria will significantly hamper the operation of the plants and further expansion and investment in this sector. The Water Framework Directive will restrict opportunities for small hydroelectric power plants to operate because it introduces new requirements concerning residual water. The Directive abolishes the fundamental right to use water as an energy source, so that procedural operators may at any time encroach upon existing water rights. Moreover, there is no provision to enable hydroelectric power plant operators to participate in the drafting of national water plans in order to defend their interests.

Therefore the following questions:

| 1. | Does the Commission agree that the implementation of the Water Framework Directive in Austria will make it significantly more difficult to attain the Kyoto objectives there and the objectives set forth in the directive on renewable energy? |
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1.

Does the Commission agree that the implementation of the Water Framework Directive in Austria will make it significantly more difficult to attain the Kyoto objectives there and the objectives set forth in the directive on renewable energy?

| 2. | Does the Commission agree that, in the case of the conflict between the Water Framework Directive and the directive on renewable energy, the respective public interests need to be weighed up and that under certain circumstances the interest in maintaining water in a ‘good’ or ‘very good’ condition should be subordinated to climate protection and promotion of renewable energy? |
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2.

Does the Commission agree that, in the case of the conflict between the Water Framework Directive and the directive on renewable energy, the respective public interests need to be weighed up and that under certain circumstances the interest in maintaining water in a ‘good’ or ‘very good’ condition should be subordinated to climate protection and promotion of renewable energy?

| 3. | What will the Commission do to enable a decision to be arrived at where the Water Framework Directive and the directive on renewable energy conflict? |
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3.

What will the Commission do to enable a decision to be arrived at where the Water Framework Directive and the directive on renewable energy conflict?

| 4. | What will the Commission do to eliminate at legislative level the conflicts between the two directives to which attention has been drawn here? |
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4.

What will the Commission do to eliminate at legislative level the conflicts between the two directives to which attention has been drawn here?

| 5. | What relevant measures is the Commission aware of in other Member States? |
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5.

What relevant measures is the Commission aware of in other Member States?

Answer given by Mrs Wallström on behalf of the Commission

(16 October 2003)

(16 October 2003)

| 1. | The Commission does not share the Honourable Member's opinion that implementation of the Water Framework Directive (2) in Austria will make it distinctly more difficult to reach the Kyoto objectives as well as those under the Renewable Energies Directive (3). In implementing the Water Framework Directive the impact of all sectors of activity, including the electricity sector, will be integrated into the objectives/assessment of the Directive. The Commission believes that small hydroelectric power plants can continue to make a contribution to attaining the Kyoto objectives, given the right framework that takes full account of the Water Framework Directive (3). |
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1.

The Commission does not share the Honourable Member's opinion that implementation of the Water Framework Directive (2) in Austria will make it distinctly more difficult to reach the Kyoto objectives as well as those under the Renewable Energies Directive (3). In implementing the Water Framework Directive the impact of all sectors of activity, including the electricity sector, will be integrated into the objectives/assessment of the Directive. The Commission believes that small hydroelectric power plants can continue to make a contribution to attaining the Kyoto objectives, given the right framework that takes full account of the Water Framework Directive (3).

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| 2. | The Commission does not share the view that without exception small hydroelectric power plants provide only environmental advantages. Whilst it is evident that such plants do not produce greenhouse gases in generating electricity, they may, however, have a considerable impact on the ecological environment, depriving rivers of their water flow, providing an insurmountable barrier for migrating fish, interfering with the recharge of groundwater aquifers close to rivers etc. However, in the majority of cases solutions can be found that can remedy these negative effects. The Commission is of the view that environmental aspects cannot be subordinated to each other, but that in the interest of transparency, it is essential that the benefits for and negative impacts on the environment of small hydro schemes are assessed and put into the clearly defined perspectives of the Water Framework Directive while also taking into account the global impacts. This will be one of the tasks when establishing the river basin management plans, and subject to scrutiny by the Commission. |
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2.

The Commission does not share the view that without exception small hydroelectric power plants provide only environmental advantages. Whilst it is evident that such plants do not produce greenhouse gases in generating electricity, they may, however, have a considerable impact on the ecological environment, depriving rivers of their water flow, providing an insurmountable barrier for migrating fish, interfering with the recharge of groundwater aquifers close to rivers etc. However, in the majority of cases solutions can be found that can remedy these negative effects. The Commission is of the view that environmental aspects cannot be subordinated to each other, but that in the interest of transparency, it is essential that the benefits for and negative impacts on the environment of small hydro schemes are assessed and put into the clearly defined perspectives of the Water Framework Directive while also taking into account the global impacts. This will be one of the tasks when establishing the river basin management plans, and subject to scrutiny by the Commission.

| 3. | The Water Framework Directive established the legally binding obligation for Member States to encourage the active involvement of all interested parties (including where relevant the electricity industry), when the river basin management plans are produced, reviewed and updated. Further, those parties have under the Directive the legal right of access to all relevant documents including background documents and information. Thus the Water Framework Directive does not at all deprive Austrian operators of hydroelectric power plants of their right of being consulted, on the contrary expanding their rights of participation and ensuring a transparent and balanced decision-taking process.
  The Water Framework Directive is the subject of an extensive programme of cooperation on implementation involving the Commission, Member States, stakeholders and non-governmental organisations (NGOs). The electricity industry is fully involved in this cooperation via their European trade organisation Eurelectric. Such cooperation at European level is complemented by national and regional cooperation, such as the Austrian electricity industry being fully involved into the Austrian Ministry's implementation efforts, entailing inter alia a June 2002 workshop with the Association of Austrian Electricity Operators with participation and contributions by Commission and Austrian Ministry. |
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3.

The Water Framework Directive established the legally binding obligation for Member States to encourage the active involvement of all interested parties (including where relevant the electricity industry), when the river basin management plans are produced, reviewed and updated. Further, those parties have under the Directive the legal right of access to all relevant documents including background documents and information. Thus the Water Framework Directive does not at all deprive Austrian operators of hydroelectric power plants of their right of being consulted, on the contrary expanding their rights of participation and ensuring a transparent and balanced decision-taking process.

The Water Framework Directive is the subject of an extensive programme of cooperation on implementation involving the Commission, Member States, stakeholders and non-governmental organisations (NGOs). The electricity industry is fully involved in this cooperation via their European trade organisation Eurelectric. Such cooperation at European level is complemented by national and regional cooperation, such as the Austrian electricity industry being fully involved into the Austrian Ministry's implementation efforts, entailing inter alia a June 2002 workshop with the Association of Austrian Electricity Operators with participation and contributions by Commission and Austrian Ministry.

| 4. | The Union and all its Member States ratified the Kyoto Protocol on 31 May 2002. Austria has taken a commitment to reduce its greenhouse gas emissions by 13 % by 2012 compared to 1990 under the Union burden sharing agreement. |
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4.

The Union and all its Member States ratified the Kyoto Protocol on 31 May 2002. Austria has taken a commitment to reduce its greenhouse gas emissions by 13 % by 2012 compared to 1990 under the Union burden sharing agreement.

| 5. | Summarising, the Commission does not see any contradiction between the Renewable Energies Directive 2001/77/EC and the Water Framework Directive. Stakeholders, including the electricity industry, are fully involved into the ongoing implementation efforts. As regards detailed implementation regulations from Member States fully taking into account the Directive, the Commission is — against the background of the implementation deadlines set out in the Water Framework Directive (environmental and economic analysis by December 2004, river basin management plans by December 2009) — not aware of such documents being already available. However, the Commission is aware of assessments of small hydroelectric power plants as regards their impact on the environment, commissioned and published by the German Federal Environment Agency (Umweltbundesamt) (4). |
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5.

Summarising, the Commission does not see any contradiction between the Renewable Energies Directive 2001/77/EC and the Water Framework Directive. Stakeholders, including the electricity industry, are fully involved into the ongoing implementation efforts. As regards detailed implementation regulations from Member States fully taking into account the Directive, the Commission is — against the background of the implementation deadlines set out in the Water Framework Directive (environmental and economic analysis by December 2004, river basin management plans by December 2009) — not aware of such documents being already available. However, the Commission is aware of assessments of small hydroelectric power plants as regards their impact on the environment, commissioned and published by the German Federal Environment Agency (Umweltbundesamt) (4).

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(1)  OJ L 11, 16.1.2001, p. 14.

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(2)  Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000.

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(3)  Directive 2001/77/EC of the Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market, OJ L 283, 27.10.2001.

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(4)  German Federal Environment Agency (Umweltbundesamt): Hydroelectric Power Plants as a Source of Renewable Energy — legal and ecological aspects (‘Wasserkraftanlagen als erneuerbare Energiequelle — rechtliche und ökologische Aspekte’), UBA-Texte 1/01, ISSN 0722-186X, Berlin 2001.

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