WRITTEN QUESTION P-2838/97 by Kyösti Virrankoski (ELDR) to the Commission (1 September 1997)

Subject: Preparations for the Natura 2000 programme planning in Finland

The proposal concerning the Natura 2000 programme in Finland is currently being drafted. However, there have been severe shortcomings in the preparations.

It has emerged that underhand moves have been on foot to turn private land into protected areas, without any form of consultation or discussion with the landowners or local authority representatives. The municipalities and landowners did not learn of the plans until they were published and forwarded to be dealt with by the latter. The procedure is totally contrary to, among other things, Finnish planning legislation, which lays down a requirement of continuous communication with both landowners and the municipality responsible for the land use plan while planning is in preparation.

Worst of all, the environmental authorities have refused to enter into any cooperation or communication whatsoever with municipalities and landowners. When an information meeting on the Natura 2000 programme was being organized in the municipality of Karvia, for example, the environmental officials did not even bother to answer the written invitation from the municipality.

Landowners were alarmed when they were refused an interview with the authorities to plead their case. In an attempt to make some sort of contact with the authorities, four people in Karvia have started a hunger strike, which at the time of drafting of this question has already lasted five days but so far failed to achieve the desired result.

In the light of the foregoing:

1. Will the Commission give consideration to Finland's Natura 2000 programme regardless of the legality or otherwise of the preparations?

2. Does the Commission think it admissible for civil rights to be trodden underfoot in Finland while the Natura 2000 programme is being prepared?

3. What steps will the Commission take to ensure that the preparatory work performed by the Finnish environmental authorities conforms to the principles underlying the rule of law?

Answer given by Mrs Bjerregaard on behalf of the Commission (12 September 1997)

Council Directive 92/43/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora ((OJ L 206, 21.5.1992. )) provides for the creation of a European ecological network of special areas of conservation, to be known as Natura 2000.

To this end, the Directive stipulates that the Member States must propose a list of sites on the basis of the criteria set out in Annex III to the Directive and relevant scientific information. In the initial stage this list is transmitted to the Commission.

Responsibility for this first stage lies entirely with the Member States, which must ensure that it is conducted in accordance with the specific basic rights of their citizens. The Commission, questioned by the Member States in the Directive's management committee, has already indicated on a number of occasions that by virtue of subsidiarity this is a national exercise.

Nonetheless, the Commission also indicated that it felt that the provision by the Member States of proper information to the public during the selection process could play an important part in ensuring the latter's active and effective participation in protecting nature.

In the subsequent stages the Commission will see that the Directive is implemented in full compliance with Community law. Once again, it will fall to the Member States to ensure compliance with the basic rights of their citizens in those areas for which the Directive makes them responsible.