WRITTEN QUESTION E-1439/00

by Rosa Miguélez Ramos (PSE) to the Commission

(10 May 2000)

Subject: Natura 2000 network and the structural funds

In recent weeks we have seen a further example of the increasingly close and complex relationship between the structural measures co-financed by the European Union and nature conservation.

On 16 March this year the Commission needed to define the links between the application of the Structural Funds and the Cohesion Fund for the new period 2000-2006 and compliance with the obligations deriving from Natura 2000.

The Natura 2000 network is one of the most powerful Community instruments for the application of European environmental policy for nature conservation. It consists of a number of special areas protected under the Habitats Directive (92/43/EEC of 21 May 1992)(1) and the Bird Directive (79/409/EEC of 2 April 1979)(2).

The Commission decision envisages a series of measures to ensure compliance with the Member States' obligations with regard to the areas protected by Natura 2000 the compulsory inclusion of clear and irrevocable commitments concerning coherence between the network and the measures proposed in programming documents (Community support frameworks, single programming documents or operational programmes), specific monitoring of measures which may entail a risk for the protected areas and possible on-the-spot checks, as well as careful examination by the Commission via the monitoring committees and the possibility of taking action in the event of irregularities, leading to the suspension of payments.

According to this decision, can the Commission confirm whether, in the event of non-compliance with the requirements of the Natura 2000 network, payment for structural measures envisaged for Objective 1 regions might be suspended? Can the Commission give any concrete examples of the cases in which payment might be suspended?

(1) OJ L 206, 22.7.1999, p. 7.

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

Answer given by Mr Barnier on behalf of the Commission

(19 June 2000)

When the Commission approved the Community support framework for Portugal for the 2000-2006 programming period it discussed the linkage between the Structural Funds and compliance with the Community Directives on the Natura 2000 network.

The rules validated by the Commission on 14 March 2000 were the subject of a press release(1) and were notified to the Member States on 28 March 2000 but apply only to those, by the date of the Commission's approval of their programming documents, have not yet notified the sites to be protected under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and wild fauna and flora(2) and Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(3).

In the event of any irregularity, i.e. any failure to meet the undertakings on the submission of lists of sites to be protected, the Commission will formally notify to the Member State concerned its intention to take appropriate action without delay under Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(4) or Council Regulation (EC) No 1264/1999 of 21 June 1999 amending Regulation (EC) No 1164/94 establishing a Cohesion Fund(5).

Except in special circumstances such action will include recourse by the Commission, in line with the principle of proportionality, to the provisions on suspension of payments (see Article 39(2) of Regulation (EC) No 1260/1999 and Article D(2) of Regulation (EC) No 1265/1999 amending Annex II to Regulation (EC) No 1164/94).

No concrete example of suspension of payment in a case of irregularity can yet be given.

(1) IP/00/266, 16.3.2000.

(2) OJ L 206, 22.7.1992.

(3) OJ L 103, 25.4.1979.

(4) OJ L 161, 26.6.1999.

(5) OJ L 161, 26.6.1999.