WRITTEN QUESTION P-3527/02

by Ian Hudghton (Verts/ALE) to the Commission

(3 December 2002)

Subject: Biebrza National Park, Poland

What consideration has been given to the environmental impact of routing the Helsinki to Warsaw motorway (the Via Baltica) through the Biebrza National Park in north eastern Poland, and the risk posed to the unique ecosystems of this area? To what extent has the Commission been involved in determining the proposed route of this important transport link and the decision to change the original plans which would have taken the motorway to the west of this national park? Finally, how does the consequential loss of flora and fauna in the Biebrza National Park tie in with the EU's commitment to preserving natural habitats and the need for Poland, as an applicant country, to comply with such legislation?

Answer given by Mrs Wallström on behalf of the Commission

(8 January 2003)

It is the position of the Commission that all candidate countries should apply and implement the provisions of the environmental acquis, including Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(1) (the Environmental Impact Assessment (EIA) Directive) and the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive)(2), and Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (Birds Directive)(3), already during the pre-accession period. This is of particular relevance for large-scale infrastructure investments such as the Via Baltica.

The Commission understands that the voivodship authorities of Podlaskie have recently made a decision on the alignment of Via Baltica (TINA Corridor No1) in north-east Poland. According to this proposed alignment, the Via Baltica expressway would affect the Biebrzañski National Park.

According to the EIA Directive the construction of an express road(4) falls under Annex I point 7 point b. In this case Article 4 paragraph 1 applies and provides that projects listed in Annex I should be made subject to an assessment in accordance with the procedures of Articles 5 to 10. Therefore a mandatory EIA must be carried out.

The Biebrza National Park is clearly of outstanding natural value. In addition, it seems more than likely that Biebrza will be identified as a Natura 2000 site at accession. This implies that strict conservation rules apply. According to Article 6 of the Habitats Directive, investments that are likely to have a significant effect on a Natura 2000 site

need to be subject to an appropriate assessment of their implications. If there are negative implications, the investment can only be allowed in the absence of alternative solutions and for imperative reasons of overriding public interest.

The Commission has written to the Polish authorities to draw their attention to these matters and to seek assurance that the requirements set out in Article 6 of the Habitats Directive have been applied in this case. The Polish authorities have stated that a prognosis of the environmental impact of the proposed route has been prepared by the two municipalities concerned. A decision on the conditions for land development and use, determining the location of the road, has not yet been taken. They have undertaken to keep the Commission informed about further developments.

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 projects pipeline. In cases where Union pre-accession funding of large infrastructure developments is involved similar standards as set by Community environmental legislation need to be applied before any Commission funding is given to the candidate countries. This would include the application of the EIA Directive. Also the candidate country would have to investigate whether environmentally sensitive areas are affected which might fall in future under the protection of the Habitats or the Birds Directives.

(1) OJ L 73, 14.3.1997.

(2) OJ L 206, 22.7.1992.

(3) OJ L 103, 25.4.1979.

(4) Express roads means a road which complies with the definition in the European Agreement of Main International Traffic Arteries of 15 November 1975.