EN Official Journal of the European Union CE 78/167

(2004/C 78 E/0171)

WRITTEN QUESTION P-2782/03

by Torben Lund (PSE) to the Commission

(11 September 2003)

Subject: EIA report and the Habitats Directive

In a June 2003 report on the assessment of the effects of certain public and private projects on the environment (EIA), the Commission concluded that there are only few monitoring systems in place for EIAs, that the results of EIAs are not adequately integrated into the decision-making process and that the comments of the general public should be included.

Before the end of 2003 the Danish municipality of Vejle is expected to decide, among other things, to construct a dual carriageway that will have adverse consequences for the countryside throughout the Svinholt area. In view of its possible construction an altogether limited EIA assessment has been carried out (Environmental assessment of Ødsted-Ny Højen-Vinding dual carriageway, Technical EIA statement, August 2003) which has also been criticised by several members of the public for containing errors.

This being so, will the Commission explain whether the above EIA assessment satisfies all relevant requirements, whether the procedure is in conformity with the directives relating to the Århus Convention and whether, in its view, this road project can be expected to comply with the provisions of the Habitats Directive. Lastly, will it state clearly whether such a project can be commenced before appropriate assessments have been carried out and before various complaints to the Commission, etc. have been examined and the findings are available?

Answer given by Mrs Wallström on behalf of the Commission

(14 October 2003)

The recent report on the application and effectiveness of the Environmental Impact Assessment (EIA) Directive (1) has identified some shortcomings in its application. It is worth pointing out that this report has examined areas, such as monitoring, that are not covered by the EIA Directive.

Currently, Article 2(1) of the EIA Directive, requires Member States to adopt all measures necessary to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia to their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects. Article 6 of the Directive provides for consultations with authorities as well as consultations with the public (2). In accordance with its Article 8, the results of consultations and information gathered during the EIA procedure must be taken into consideration in the development consent procedure. Moreover, Article 6(3) of the Habitats Directive (3) requires that national authorities shall agree to a project likely to have significant effect on a Natura site only after having ascertained that it will not adversely affect the integrity of the site concerned. Should a project have significant effects on the site, it can only be authorised in the absence of alternatives, for reasons of overriding public interest and with adequate compensation.

It appears from the question of the Honourable Member that no development consent has yet been granted to this project. Therefore, at this stage it is for the national authorities to ensure that the EIA Directive and the Habitats Directive are effectively applied before the authorisation of the project.

Further to a complaint received earlier concerning the effects of the project on a Natura site, the Commission has sent a request for information to the Danish authorities to ascertain how the requirements of the Habitats Directive are being taken into account in this case.

The Commission will not hesitate to initiate an infringement proceeding, in accordance with Article 226 of the EC Treaty, if it considers that Denmark has failed to fulfil its obligations to ensure compliance with Community law.

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985, as amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.

(2) The EIA Directive has been recently amended by Directive 2003/35/EC of the Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC, OJ L 156, 25.6.2003. This amendment is designed to ensure that the EIA Directive is fully compatible with the provisions of the Århus Convention. However, it is to be implemented by Member States by 25 June 2005 and already the EIA Directive presently applicable provides for public consultation.

(3) 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.