# CE2004070EN.01014201.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/142 |
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20.3.2004

EN

Official Journal of the European Union

CE 70/142

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(2004/C 70 E/146)

WRITTEN QUESTION P-2824/03

by Marie Isler Béguin (Verts/ALE) to the Commission

(18 September 2003)

Subject:   A28 motorway and the Habitats directive

Subject:

It is quite obvious from the information available that construction of the A28 motorway has resumed — in particular, the excavation work being carried out over a 40-kilometre stretch running from north of Tours to the Loire valley in the Sarthe.

This clearly demonstrates the French authorities' intention to continue working in the area located between Montabon and Ecommoy without waiting for the Commission to analyse the replies which it has received from France concerning the Commission's reasoned opinion of 21 December 2001 on the destruction of the habitats and the breeding grounds of a priority species listed in Annex IV of Directive 92/43 — namely, the Osmoderma eremita.

In view of the urgency of the matter, would the Commission state what action it intends to take before the motorway construction work reaches the point of no return?

Can the Commission provide assurances that it was not pressurised by the French Government into ‘freezing’ the disputes relating to the Birds and Habitats directives until the next European elections?

Answer given by Mrs Wallström on behalf of the Commission

(14 October 2003)

(14 October 2003)

The Commission sent the French authorities a reasoned opinion for non-compliance with Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (1), as amended by Council Directive 97/11/EC of 3 March 1997 (2), and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3) in respect of reparcelling operations associated with the construction of the Le Mans-Tours section of the A28 motorway.

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The French authorities sent several replies to the Commission's reasoned opinion. In particular, the dossier was discussed at a meeting between the Commission and the French authorities in February 2003 in Brussels, at which the French authorities undertook to provide the Commission with further information regarding compliance with Articles 12(1)(d) and 16 of Directive 92/43/EEC, a local and national management plan for Osmoderma eremita, further proposals for sites of Community importance, and guarantees regarding monitoring of the reparcelling work on the ground. The French authorities formally sent the Commission this information under cover of a letter of April 2003 from the Permanent Representation of France to the European Union. That letter included voluminous annexes. The Commission is currently examining the official response from the French authorities in order to decide, as soon as possible, what further action to take in this matter.

In handling this matter, as in handling any infringement it deals with as guardian of the Treaties, the Commission works in complete independence and observes Community law scrupulously.

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(1)  OJ L 175, 5.7.1985.

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(2)  OJ L 73, 14.3.1997.

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(3)  OJ L 206, 22.7.1992.

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