WRITTEN QUESTION E-0693/97 by Nel van Dijk (V) to the Commission (6 March 1997)

Subject: Habitats directive and trans-European transport networks

Is the government of France persisting in its refusal to implement the habitats directive (92/43/EEC ((OJ L 206, 22.7.1992, p. 7. )))?

Which other Member States are failing to implement the habitats directive promptly, in particular the drawing up of complete national lists of potential habitat areas and notifying such areas for the Natura 2000 network?

Does the Commission recall the guidelines for the trans-European transport network (TEN, Decision No 1692/96/EC ((OJ L 228, 9.9.1996, p. 1. ))), on which the Council and the European Parliament reached an agreement in 1996 after a conciliation procedure, and which obliges the Member States (Article 8(1)) to take account, in developing and carrying out TEN projects, of nature and the environment, for example through application of the habitats directive (Article 8(1))?

How can the Commission establish whether TEN projects are compatible with the habitat obligations if Member States have not implemented the habitats directive?

Does the negligence of a number of Member States - and in particular the categorical refusal of France to implement the habitats directive - mean that the Commission will not pay them any money in respect of TEN projects? If not, why not?

Will the Commission recover any money already paid? If not, why not?

Answer given by Mrs Bjerregaard on behalf of the Commission (7 April 1997)

The French government has recently decided to lift the blockage of the implementation of the Habitat Directive. The French authorities decided to propose a first preliminary list which will not exceed 2.5% of their national territory.

At the moment, a majority of Member States have not transmitted complete national lists of sites for the network Natura 2000. The Commission is actively pursuing the issues of non-transmission of the national lists (France, Ireland and Luxembourg) and the incomplete transmission of a national list (certain other Member States.

Article 7 of the general rules for granting Community financial aid for projects of common interest in the field of trans-European networks (Council Regulation 2236/95 ((OJ L 228, 23.9.1995. ))) stipulates clearly that 'projects financed under this Regulation shall comply with Community law and Community policies, in particular in relation to environmental protection...'. Apart from compliance with the Habitats Directive several complementary pieces of Community law (environmental impact assessment (EIA)-Directive ((OJ L 175, 5.7. 1985. )) and Birds Directive ((OJ L 103, 25.04.79. ))) and the Bern convention on the conservation of European wildlife and natural habitats on environmentally sensitive areas are taken into account when examining the applications for financing of the individual common projects. The relevant question to be answered by the applicant for financing TEN projects is whether the project has an impact on environmentally sensitive areas which require classification, designation or protection under the above-mentioned legislation. In accordance with Article 7 of Council Regulation 2236/95 the Commission will refuse financing for TEN projects that imply an infringement of the Habitats Directive or other Community law.

Non-project related infringements of the Habitats Directive (e.g. the fact that some Member States have not yet submitted a complete list of their special areas of conservation for the network Natura 2000) are not sufficient reason for the Commission to abstain from granting financial aid for individual projects.

In accordance with the above-mentioned financing Regulation (Article 13) the Commission may reduce, suspend or cancel financial assistance if it appears that the project is not compatible with Community legislation or policies and any other condition attached to the financing of the common project.