WRITTEN QUESTION E-0762/03

by Charles Tannock (PPE-DE) to the Commission

(12 March 2003)

Subject: Preservation of the Biebrza Marshes in north-eastern Poland

There are reports that a major road-building project is planned for north-eastern Poland which will involve the routing of the Via Baltica through the Biebrza National Park as well as the primeval forests of Augustow and Knyszyn. The reports also suggest that the road will be partly or wholly financed with EU funds. The Biebrza Marshes are considered to be one of Europe's most important wetland areas, and are home to an extraordinarily wide variety of birds, including Black and White storks, eagles, goshawks, cranes, corncrakes, terns, rosefinches, bluethroats and kites, as well as other types of fauna. The World Wildlife Fund has been involved in a ten-year conservation project designed to protect the area.

Are these reports correct, and, if so, has the Commission discussed the routing of the road with the Polish authorities, including the possibility of using one of the many alternative routings? Has Poland agreed to be bound by the requirements of EU environmental directives prior to accession, and will EU funds for construction projects prior to accession in all the candidate countries be conditional upon respect for EU environmental legislation?

Answer given by Mrs Wallström on behalf of the Commission

(15 April 2003)

The Via Baltica is one of the road branches of Corridor I, defined at the second Pan-European Transport Conference in Crete in 1994. In January 1996, a High Level Working Party on Via Baltica was set up and this has identified the needs for upgrading the road and to try to co-ordinate the investments through national budgets, loans and Community funds. The Via Baltica road mainly follows already existing road alignments.

The Pan-European Transport Corridor concept outlines the geography of transport development, it does not define transport projects. It is clear that in the first instance, the Polish Government is responsible for the construction and maintenance of any infrastructure on its territory.

From a legal point of view, Community legislation will only apply in the new Member States from accession onwards. However, the Commission takes the view that they should apply and implement the provisions of the environmental acquis during the pre-accession period. In other words, all new investments should respect Community environmental law.

The Commission wishes to underline that no Instrument for Structural policies for Pre-accession (ISPA) funding has been provided for the construction of a motorway across the Biebrza National Park in Poland. Furthermore, no such project features in the current project pipeline. In cases where Community pre-accession funding of large infrastructure developments is involved, similar standards as set by Community environmental legislation need to be applied before any Commission funding is given to the Candidate Countries.

This would include the provisions of Environmental Impact Assessment Directive (Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(1)). In addition, the Candidate Country would have to investigate whether environmentally sensitive areas are affected which might fall under the protection of the Habitats Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(2)) or the Birds Directive (Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(3)) at some point in the future.

The Biebrza National Park is of outstanding natural value. In addition, it seems more than likely that Biebrza will be identified as a Natura 2000 site on Polish accession. This implies that strict conservation rules apply. Article 6 of the Habitats Directive requires all Member States to carry out a full assessment of all alternatives to a proposed investment that risks having a negative environmental impact on a possible Natura 2000 site. If no alternative exists, the investment can only be allowed if it demonstrates overriding public interest and all compensatory and mitigation measures have been applied.

The Commission has written to the Polish authorities to draw their attention to these matters and to seek assurance that the requirements set out in Article 6 of the Habitats Directive have been applied in this case. The Polish authorities have stated that a prognosis of the environmental impact of the proposed route has been prepared by the two municipalities concerned. A decision on the conditions for land development and use, determining the location of the road, has not yet been taken. They have undertaken to keep the Commission informed about further developments.

(1) OJ L 73, 14.3.1997.

(2) OJ L 206, 22.7.1992.

(3) OJ L 103, 25.4.1979.