WRITTEN QUESTION E-1968/02

by Chris Davies (ELDR) to the Commission

(8 July 2002)

Subject: Biebrza National Park, Poland

What assessment has been made by the Commission of the environmental impact of the proposed Via Baltica motorway on the wetlands of this area?

Is EU funding being sought to support the project, and is the Commission giving its support to the plan?

Answer given by Mrs Wallström on behalf of the Commission

(6 August 2002)

The Commission is aware of the recent proposal by the Polish Ministry of Transport to up-grade the current single-track road crossing the wetlands of Biebrza national park to motorway status as a part of the Via Baltica. The Commission is also conscious that this site will, with all likelihood, be included in the list of Natura 2000 network at Poland's accession to the Union.

The Commission has not carried out an assessment of the environmental impact of this project. However, it is the position of the Commission that all candidate countries should apply and implement the provisions of the environmental acquis, including nature protection, already during the pre-accession period.

As the Honourable Member is aware, Community nature protection legislation ensures proper consideration of alternatives of such types of transport projects in case an area out of the Natura 2000 network is affected.

Therefore, the Commission considers that the Polish authorities should apply the principles of Article 6 of the Habitat Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1)) and fully evaluate, for the expressway though the Biebrza National Park, all possible alternatives. If no alternative exists, there should be a detailed assessment of the impact on the natural fauna and flora as well as on the natural value of the site. The national authorities should agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. Lastly, the Polish authorities should ensure that all appropriate mitigation measures are applied to minimise the impact on the environment. If the analysis shows that the project will have negative effects on these areas, the project can only be authorised for the reasons set out in Article 6(4) and adequate mitigation and compensatory measures have to be taken.

The Commission wishes to underline that no PHARE or ISPA funding has been provided for the construction of the Via Baltica across the Biebrza National Park in Poland. Furthermore, no such project features in either the ISPA or the PHARE project pipeline. In June of this year, an ISPA application has been received for adding an additional traffic lane on the section Radzymin-Wyszkow and for the building of the Wyszkow by-pass on the Via Baltica. In that application, the Polish authorities confirm that no areas protected under the Polish Act of Natural Protection are crossed by this section. In spite of this declaration and on the basis of the provisions of Article 6 of the Habitat Directive, the Polish authorities were already asked by the Commission to provide clear evidence that all alternatives to the proposed project have been properly assessed as well as a more detailed assessment of the impact of the project on the natural fauna, flora and the natural value of the site.

(1) OJ L 206, 22.7.1992.