WRITTEN QUESTION P-0775/99

by W.G. van Velzen (PPE) to the Commission

(16 March 1999)

Subject: Construction of radio masts by Delta Radio in the North Sea

Delta Radio intends to build two 400 m high radio masts in the North Sea off the province of Zealand, just outside the Netherlands 12 mile zone. Delta Radio intends use these masts to broadcast chiefly to the United Kingdom using the 171 kHz frequency. This frequency has been allocated under the International Telecommunications Convention for broadcasts to The Netherlands. Delta Radio has chosen this location because the procedures for establishment in the North Sea are considerably simpler than those on land, and in particular because the environmental impact assessment procedure does not apply there.

1. Since the Netherlands Government was far too late in adopting a law on the establishment of the Exclusive Economic Zone, it hardly has any instruments at its disposal to prevent Delta from carrying out its plans. To what extent do the European directives on environmental impact assessments and on habitats offer the possibility of opposing the construction of such a radio station?

2. Does the EU have any means at all of regulating the construction of buildings, installations etc, at sea between EU Member States but outside their territorial limits, or can anyone set up installations at sea regardless of damage to fisheries and birds, risks to shipping etc?

3. Delta Radio 171 BV is registered as a Netherlands company. It has opted to beam its broadcasts from extraterritorial waters to the UK. Which legal system applies?

4. Is Delta Radio entitled to use a frequency allocated to The Netherlands for broadcasts to the UK?

5. Does the Commission propose to consult with Member States bordering the Wadden Sea, the North Sea and the Mediterranean Sea on the need for legislation to regulate such plans and to prevent the principles of regional planning such as the environmental impact assessment directive from being circumvented?

Answer given by Mr Bangemann on behalf of the Commission

(23 April 1999)

1., 2. and 5. The Honourable Member refers to Delta Radio's intention to build two 400 metre high radio masts in the North Sea off the province of Zeeland, just outside the Netherlands' 12 mile zone and raises the interpretation of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment as amended by Directive 97/11/E(1) (environment impact assessment (EIA) Directive) and Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive(2).

In its exclusive economic zone in the North Sea close to Zeeland, the Netherlands has not proposed any Natura 2000 site as mentioned in Article 4 of the Habitats Directive; nor is it evident that the conservation interests envisaged for protection under that Directive are here at stake. However, in general, if the planned activity is likely to have a significant effect on a site protected under the Habitats Directive and would lead to the deterioration of natural habitats and the habitats of species as well as disturbance of the species protected by the Directive, the Habitats Directive then applies, even if it concerns the exclusive economic zone of a Member State.

The planned activity is not mentioned in the EIA Directive and is therefore not regulated by that Directive. However, if a certain activity did fall under the scope of the EIA Directive, being mentioned in either Annex I or II of that Directive, then the Directive would in principle also apply to the exclusive economic zone of a Member State. Member States then have to make this activity subject to development consent and an assessment with regard to its effects.

3. Given its transboundary aspects, the situation the Honourable Member describes is likely to come under free movement of services as defined in the EC Treaty.

4. Delta Radio may use the 171 kHz frequency to broadcast to the United Kingdom provided that (1) it has obtained a broadcasting licence from the Dutch authorities and (2) the Dutch authorities have completed appropriate co-ordination with the United Kingdom to avoid harmful interference. If these conditions are met, there is no technical (i.e. frequency management) reason to prohibit Delta Radio from broadcasting to the United Kingdom.

(1) OJ L 73, 14.3.1997.

(2) OJ L 206, 22.7.1992.