WRITTEN QUESTION P-3678/02

by Dorette Corbey (PSE) to the Commission

(11 December 2002)

Subject: German wind farm close to Netherlands border locality of Bellingwolde

In October 1998 a number of residents of Bellingwolde (Bellingwedde municipality, Groningen province) learned of a plan to build a wind farm (Windpark Rhede) 200 metres from the border on German territory (and about 300 metres from the nearest houses) consisting of 22 wind turbines reaching a total height of 60 to 70 metres, and each with a maximum output of 1,5 MW. Ultimately, in September 2001, 17 wind turbines, each 135 metres high, and with an output of 1,8 MW, were erected in the Rheder Moor (in the north-west of the Emsland administrative district in the German municipality of Rhede), about 350 metres from the Netherlands-German border.

For local residents, the wind farm means disruption in the form of noise, cast shade, obstruction of view, ground vibrations, electro-magnetic disturbance, property devaluation and degradation of living space.

Can the Commission confirm that construction of the wind-turbine farm should have been subjected to an environmental impact assessment in accordance with Community legislation (Directive 97/11/EC(1)), and can the Commission confirm that such an assessment was in fact carried out in the case of Windpark Rhede?

Does the Commission agree, given the location in close proximity to the Netherlands-German border, that such an environmental impact assessment should also have assessed the project's cross-border impact, in particular disruption to cross-border residents, and not have been confined to the territory of the Member State in which it was to be built? Can it state whether that was carried out correctly, and what action it is now taking?

Does the Commission consider that Windpark Rhede is causing intolerable disruption to the residents of Bellingwolde that could have been prevented if Community law had been correctly implemented?

(1) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(16 January 2003)

According to Article 4 (1) 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(1), as amended by Directive 97/11/EEC of 3 March 1997, projects listed in Annex I of the Directive have to be made subject to an Environmental Impact Assessment (EIA). According to Article 4(2) of the Directive, projects listed in Annex II only have to be made subject to an EIA where Member States, through a case-by-case examination or on the basis of national thresholds or criteria, determine that their circumstances characteristics so require. According to Article 4(3) and Annex III of the amended EIA Directive, the relevant selection criteria should include, inter alia, the characteristics of the project, its location, and its potential impact, including the transfrontier nature of the impact. The latter shows that, in case an EIA has to be carried out, possible transfrontier effects of a project have to be taken into consideration. Article 7 of the amended EIA-Directive even provides for transboundary consultations and transboundary public participation where a project is likely to have significant negative effects on the environment in another Member State or where a Member State likely to be significantly affected so requests.

Wind farms (installations for the harnessing of wind power for energy production) are listed in Annex II point 3 (i) of the amended EIA-Directive. Consequently, it is for the Member States to determine, in accordance with the selection criteria listed in Annex III of the Directive, whether and in which cases the construction of wind energy plants has to be made subject to an EIA.

The Environment Directorate-General received a complaint letter from a Dutch citizen concerning the same issue on 3 December 2002.

At this point in time, the Commission does not have sufficient information to decide whether or not Germany has correctly applied the requirements of the EIA-Directive in the case at hand. The Commission does not even know whether or not an EIA was carried out before the wind energy plants were authorised and constructed. The Commission will therefore ask the German Government to provide more detailed information on the case.

(1) OJ L 175, 5.7.1985.