WRITTEN QUESTION E-1965/99

by Gerhard Hager (NI) to the Council

(9 November 1999)

Subject: EU project Natura 2000 Repercussions on the situation of individuals under private law

The Federal State of Lower Austria has registered 31.63 % of its total surface area under the EU project Natura 2000. Under this project, the Member States are obliged to ensure compliance with the directive on the preservation of bird life and the flora-fauna-habitat directive in the designated areas. In drawing up the corresponding lists of designated areas, most landowners were neither asked nor informed even though this entails major restrictions on property rights and use.

In view of this, can the Council answer the following questions:

1. What department or agency in the EU is responsible for the implementation of this project?

2. Which areas have been registered for the Natura 2000 project in the various Austrian federal states and in Lower Austria in particular?

3. What are the consequences for landowners? Can the Council provide detailed information in this regard?

4. What legal provisions are there for owners of land in Natura 2000 registered areas to opt out of the project?

5. Can a local authority which has registered under the Natura 2000 project withdraw such a registration?

6. What are the consequences for landowners in such cases?

7. Were the Natura 2000 project and the associated problems relating to financing and compensation discussed in the Council of Ministers?

8. Are the actions of the Federal State of Lower Austria in registering certain areas under the Natura 2000 project without the prior consent of landowners compatible with current EU law?

9. If not, what does the Council intend to do about these illegal actions? To what extent are landowners, who are affected by the actions of their Federal State of Lower Austria which are incompatible with EU law, obliged to comply with the provisions restricting property rights contained in the abovementioned directives?

10. If so, is the Council of the opinion that these actions are at least questionable in the light of the provisions of the ECHR (restrictions on the rights of property owners, independence of authorities interfering with the rights of individuals under private law)?

Reply

(31 January 2000)

The Commission is responsible for supervising and monitoring the implementation of Directive 92/43/EEC on habitats, under which Natura 2000 falls. Consequently, all the information relating to the project of the Federal State of Lower Austria referred to by the Honourable Member should be forwarded to the Commission.

It should be noted that under Article 3(2) of Directive 92/43 it is for the Member States to submit proposals for sites to the Commission, in accordance with their respective constitutional and administrative procedures. While the Directive specifies the different stages of the Community procedure, the relevant criteria for the actual designation of a site and the details of financial assistance (Article 8), it is not intended that it should interfere with any internal procedures which an individual Member State may have to follow in order to propose a site, in particular as regards consulting the parties concerned.