WRITTEN QUESTION E-0373/00

by Andre Brie (GUE/NGL) to the Commission

(14 February 2000)

Subject: Release of EU Structural Fund monies on the basis of the designation of FFH areas (Directive 92/43/EEC) in East German Länder

Since Germany and some Länder have not yet transposed Council Directive 92/43/EEC(1) of 21 March 1992 on the conservation of natural habitats and of wild fauna and flora (FFH Directive), even those German Länder that have met with this obligation are threatened with having EU Structural Fund monies frozen. Mecklenburg-West Pomerania, for instance, has in the meantime designated 136 FFH areas, totalling 181 000 ha (7,9 % of its surface area). The Commission's announced stance would mean that, in particular for the structurally weak East German Länder, the disbursement of funding for Objective 1 assistance and EAGGF funding would be at least delayed. In view of these regions' serious economic and social problems, there would be extremely adverse consequences.

What action does the Commission propose to take to prevent those East German Länder which have met their obligation under the FFH Directive from being penalised for the failings of the Federal Government and of other Länder?

Does the Commission think it necessary or possible to consider releasing aid funding on a Land-specific or project-specific basis and to act accordingly?

Does the Commission realise that a negative decision not only would have a grave economic and social impact, but would also to lasting damage to the population's commitment to environmental protection, whereas a positive decision would unquestioningly also be interpreted as recognition of an active environmental policy?

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

Answer given by Mr Barnier on behalf of the Commission

(31 March 2000)

As the Honourable Member is aware, completion of the Natura 2000 list of sites of Community importance, which also covers sites under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and Council Directive of 2 April 1979 on the conservation of wild birds(1) and which was to be drawn up by June 1998, was delayed by the fact that several Member States, including Germany, failed to submit appropriate proposals. The deadline for proposals elapsed in June 1995.

In view of the late designation of protected sites, as well as to ensure that the Commission is able to fulfil its duties under Article 6 EC Treaty, all Member States were formally reminded by the Commission on 23 June 1999 of their obligation to guarantee the consistency of programmes and projects with both directives.

In the meantime, the German Länder including Mecklenburg-Western Pomerania have announced some protected sites and are preparing further notifications.

In view of the legal requirements, programming documents can only be approved if they contain a clear commitment by the German authorities responsible for the relevant region that all possible negative consequences for sites protected or to be protected under Natura 2000 will be properly assessed and appropriate measures taken. In any case, the Commission will assess each plan or programme on its individual content.

The Commission's objective is to promote the socio-economic development of the elegible areas in a way that is consistent with the basic principles of sustainable development.

(1) OJ L 103, 25.4.1979.