WRITTEN QUESTION E-1919/02

by André Brie (GUE/NGL) to the Commission

(3 July 2002)

Subject: Infringement of various EU directives and provisions in connection with the construction of an air-to-ground firing range in Brandenburg

Is the Commission already aware of concrete plans by the Federal German Ministry of Defence to construct an air-to-ground firing range in the Kyritz-Ruppiner-Heide area (Brandenburg)? If not, can the Commission consider the following issues?

The above air-to-ground firing range is to be constructed in the immediate vicinity of the Müritz national park (the approach path for aircraft would be directly above the national park), which would, according to various analyses, not only contravene several national regulations but also the following international rules:

- the national park area is a bird protection area pursuant to the European Birds Directive (79/409/EEC)(1);

- parts of the national park have been notified to the Commission as an area of Community importance pursuant to the Fauna-Flora-Habitat Directive (92/43/EEC)(2);

- the Müritz national park forms part of the coherent Natura 2000 network;

- the Federal Republic of Germany is bound by a Community directive to refrain from taking any action which would run counter to the objective of conservation in European conservation areas (this ban is set out in Article 6(2) to (4) of the Flora-Fauna-Habitat Directive and paragraph 19c of the federal German nature conservation law, requiring that an environmental impact assessment be carried out).

Given these infringements, and with a view to the possibility of calling for the repayment of EU funds:

- is the Commission willing and able to look into the matter on the spot as soon as possible?

- can the Commission take preventive action, will it do so, and what form will such action take?

(1) OJ L 103, 25.4.1979, p. 1.

(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(5 August 2002)

The Commission has received unspecified information about plans for military activities at the site Wittstock-Ruppiner Heide.

The German Government has proposed this site to the Commission as Site of Community Importance (pSCI) under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive). Additional information has been requested of the original correspondent to enable the Commission to assess whether this Directive is being respected.

The German Government also notified the site Müritz Nationalpark as a Special Protection Area under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (Birds Directive) and has also proposed a part of the site as Site of Community Importance (pSCI) under Directive 92/43/EEC.

With regard to possible impacts on these sites, it should be noted that the protection regime under Article 6 (2)-(4) of Directive 92/43/EEC only applies if significant effects on the integrity of the sites in view of the their conservation objectives, are likely.

To-date, the Commission has not received information showing that significant effects on one or more of the above-referenced sites are likely. In particular, the Commission is not aware of the analyses cited by the Honourable Member, but in order to assess this matter would welcome receipt of same.

As at present informed, the Commission does not consider that there are grounds to reclaim community funding.