WRITTEN QUESTION P-1736/98

by Kyösti Virrankoski (ELDR) to the Commission

(20 May 1998)

Subject: Natura 2000 - Secrecy about documents in Finland, discussion in the EU

In Finland the list of areas for inclusion in the Natura 2000 network is currently being drawn up. Maps have been issued of the areas, which show only the outlines, for example, sometimes not even that and rivers. In addition, general explanations have been given to provincial groups in the case of local authorities and landowners concerning the natural resources of the areas and ideas for their protection.

The Commission calls for information to be provided about each area on a special Natura 2000 form, which sets out the basis on which each area is to be included in the protection programme.

These forms require information for each type of habitat regarding inter alia its borders, its representativeness of the region in question and its area relative to the area which this habitat occupies in the country as a whole. For species of animals and plants the size of the population must be stated and its density in the area in relation to the population of the species in the country as a whole.

However, the Finnish authorities have not disclosed these forms either to provincial or local authorities or to landowners, even though these are required to familiarize themselves with the matter and even issue an opinion on it. None of this basic information is contained in the documents published.

In particular landowners are unaware why there are plans to protect their land, since the protection programme also includes the gardens of private houses. Although the deputy Chancellor of Justice stipulated in his decision that sites of the type of the habitats set out in the information form must be declared, there has been a great deal of reluctance and dilatoriness in doing this.

In the light of the above, does the Commission consider that this secretive way of preparing the matter and dealing with it in two separate papers is normal EU administrative procedure, reflecting for example the objectives of the SEM 2000 project?

Has citizens' legal protection been properly guaranteed when they are kept in the dark about the basis on which their land is sought to be included in a protection area?

Does the Commission, too, intend to keep the information forms secret from those who will be affected by the decision?

How can this type of procedure be reconciled with the basic principles of the EU: democracy, transparency of administration, legality and respect for citizens' basic rights?

Answer given by Mrs Bjerregaard on behalf of the Commission

(16 June 1998)

As pointed out by the Honourable Member, the Habitats Directive (92/43/EEC)(1) requires in its Article 4 that when the Member States propose their lists of sites for the Natura 2000 network, they also provide the Commission with information on each site. This information, which covers habitat types and species, results from the application of the criteria specified in Annex III (Stage 1) of the Directive, has to be transmitted to the Commission in a format established by the Commission (so called standard data forms(2) - Commission Decision 97/266/EC).

It is up to the Member States to administer this part of the Natura 2000 network. This also includes possible public consultations and dissemination of information concerning the sites to be proposed and their natural values.

As regards documents submitted by Member States to the Commission, including the standard data forms, interested parties should turn to the national authorities. According to Commission Decision 94/90/ECSC, EC, Euratom of 8 February 1994(3) as amended by Commission Decision 96/567/Euratom, ECSC, EC, on public access to Commission documents(4), the Commission only grants access to documents emanating from itself. If the document held by the Commission emanates from a Member State or any national body, the application must be sent directly to the author.

In this context, reference can be made to the Directive on free access to information about the environment (90/313/EEC)(5) under which public authorities of the Member States are required to make available information relating to the environment to any natural or legal person at his request and without having to prove an interest, unless the exemptions apply.

The Commission intends to adopt a list of sites of Community importance following the procedure of Article 21 of the Habitats Directive. The Commission neither wishes nor has any reason to hide information in its possession on these sites, and intends to make it publicly available as soon as the sites are selected for the Community list.

(1) OJ L 206, 22.7.1992.

(2) OJ L 107, 24.4.1997.

(3) OJ L 46, 18.2.1994.

(4) OJ L 247, 28.9.1996.

(5) OJ L 158, 23.6.1990.