WRITTEN QUESTION E-2522/00

by Jonas Sjöstedt (GUE/NGL) to the Commission

(2 August 2000)

Subject: Habitats Directive: selection process for Natura 2000 sites

In view of the considerable delays in the site selection process for the Natura 2000 network under the Habitats Directive, and in view of recent cases of sites of scientific value for Natura 2000 under threat from proposed development projects, how does the Commission intend to ensure the integrity of the proposed Natura 2000 sites under consideration in the Natura 2000 process and to ensure that the proposed sites are not damaged by different development projects?

What will be the procedures followed after the second round of biogeographic seminars for the establishment of the list of Sites of Community Importance, in order to progress towards establishment of the Natura 2000 network? What role does the Commission intend to play in these seminars and their follow-up?

Answer given by Mrs Wallström on behalf of the Commission

(18 October 2000)

The Commission regrets the delays in completing the establishment of Natura 2000, and, in the interim, has taken several initiatives aimed at promoting the protection of sites intended to be included in the network. In the context of Community assistance under Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1) and Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(2), the Commission seeks a commitment from Member States to the non-deterioration of such sites. The Commission has also given more general advice to Member States to avoid site deterioration, and has welcomed the approach of several Member States of providing legislative safeguards for such sites. In addition, the Commission has stressed the importance of making use of instruments such as environmental impact assessment under Directive 85/337/EEC as amended(3) to assess potentially damaging projects. Furthermore, the Commission does not rule out the possibility of action under Article 226 (ex Article 169) of the EC Treaty where the circumstances justify this, such as where there has been a failure to undertake an environmental impact assessment for a project covered by Directive 85/337/EEC despite a likely significant adverse effect on a proposed future Natura 2000 site.

The Commission jointly chairs all the biographic seminars for the evaluation of sites put forward for Natura 2000. At the end of each seminar, conclusions are provided to each participant, e.g. indicating those habitats or species still deemed to be underrepresented on the national lists of sites. It then falls to each Member State to propose additional sites, possibly at the suggestion of scientists or non-governmental organisations (NGOs).

At the end of the last seminar for each region the Commission will, through the Official Journal, invite all interested parties to submit their comments. It will then compile a draft list of sites of Community importance. This draft will be submitted for opinion to the members of the Habitats Committee, and then adopted by the Commission following recourse, where necessary, to the procedure laid down in Article 5 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(4).

(1) OJ L 161, 26.6.1999.

(2) OJ L 160, 26.6.1999.

(3) 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), amended by Council Directive 97/11/EC of 3 March 1997 (OJ L 73, 14.3.1997).

(4) OJ L 206, 22.7.1992.