WRITTEN QUESTION E-0708/00

by Hiltrud Breyer (Verts/ALE) to the Commission

(17 March 2000)

Subject: Designation of the Danube water-meadows as a special conservation area under the flora and fauna habitats directive

According to press reports, the Bavarian Government will only decide whether to designate the Danube water-meadows between Straubing and Vilshofen as a special conservation area for flora and fauna habitats once the question is settled of whether and how the Danube is to be developed. According to Court of Justice case-law, however, decisions on whether and within what boundaries special conservation areas are to be set up must be taken exclusively on nature protection (and not economic) grounds.

1. Is the Commission aware of the Bavarian Government's reprehensible attitude in this matter?

2. Does the Commission agree that the Danube water-meadows between Straubing and Vilshofen should be classified immediately as a protected area (under the EC directive on the conservation of birds) and designated as a special flora and fauna habitats conservation area?

3. Is the Commission aware that the decision on the Danube development is to be taken this year, when the current in-depth studies have been concluded?

4. Is the Commission aware that three of the four alternative Danube development plans that have so far been studied (Alternatives B, C and D) will destroy or seriously affect the de facto protected area of the Danube meadows?

5. Is the Commission aware that, according to two new studies, Alternative A, which is environmentally acceptable and reasonably priced, will achieve comparable navigable depths to those in the central Rhine and the Wachau (with an almost constant channel width of 70 metres)?

Answer given by Mrs Wallström on behalf of the Commission

(17 April 2000)

1. and 2. Considerable delays have been experienced in the designation by Germany, including Bavaria, of special protected areas according to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1) and the proposal of sites of Community importance according to Council Directive 92/43/EEC(2) of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. The Commission has therefore launched infringement proceedings against Germany with regard to the correct application of both directives. In the first case an application to the Court of justice is currently under preparation, in the second the matter is already before the Court and a ruling is awaited.

Furthermore the Commission is aware of the high value of the area concerned for nature conservation including the protection of wild birds as part of the important bird area (IBA) Donautal: Regensburg Vilshofen. This IBA has therefore been highlighted in the reasoned opinion sent by the Commission to the German authorities with regard to their failure to apply correctly Directive 79/409/EEC. The Commission is also aware of the outstanding Natura 2000 value under the Habitats Directive 92/43/EEC of the Alluvial plains of the Danube between Geisling and Vilshofen site. The information that the site is of particular importance for the priority habitat type of the alluvial forests and some non-priority fish species of the Danube is backed up by scientific studies.

3. to 5. The Commission does not have the information to which the Honourable Member refers and is therefore not in a position to comment further on the issue. The Commission takes the view that, once the Court has rendered its judgement, Germany is obliged to take the necessary measures to comply with the ruling. This includes ensuring respect of the procedures with regard to projects, which may have a significant effect on the area concerned.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.