WRITTEN QUESTION P-3414/02

by Torben Lund (PSE) to the Commission

(25 November 2002)

Subject: Compliance of EU funding in Poland with EU legislation

The Commission has stated that it considers that Poland should, for all its transport infrastructure projects, comply with EU environmental legislation, including the Habitats and Birds Directives, and ensure that a proper environmental impact assessment is carried out in line with requirements of Directive 97/11/EC(1).

What action is the Commission taking to ensure that the development of the Via Baltica is fully consistent with EU environmental directives, and a proper environmental assessment is carried out (in line with the requirements of Directive 97/11/EC)?

Is the European Commission providing any financial support to the development of the Via Baltica transport corridor in Poland or has it been approached to provide any such support?

(1) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(7 January 2003)

In order to minimise the effect of transport projects such as the via Baltica the Commission urges the Candidate Countries to apply Community environmental legislation including Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment, (environmental impact assessment (EIA) Directive) and the Birds(1) and Habitats(2) Directives, already during the current pre-accession period. The Commission regularly requests the Candidate Countries to apply and implement the acquis during the pre-accession period, in particular with regard to possible sites in the Natura 2000 network, which will be extended towards the new Member States after accession.

According to the EIA Directive the construction of an express road(3) falls under Annex I point 7 point b. In this case Article 4 paragraph 1 applies and provides that projects listed in Annex I should be made subject to an assessment in accordance with the procedures of Articles 5 to 10. Therefore, a mandatory EIA must be carried out.

According to Article 6 of the Habitats directive, investments that are likely to have a significant effect on a Natura 2000 site need to be subject to an appropriate assessment of their implications. If there are negative implications, the investment can only be allowed in the absence of alternative solutions and for imperative reasons of overriding public interest.

In cases where Union pre-accession funding is involved, the Commission would like to assure the Honourable Member that for such large infrastructure developments similar standards as set by Union environmental legislation need to be applied before any Commission funding is given to the Candidate Countries. This involves the application of directive 97/11/EC on environmental impact assessment in order to ensure that for such big projects the environmental implications are taken into consideration. In addition, the applicant country will also have to investigate whether environmentally sensitive areas are affected which might fall in future under the protection of the Habitats or the Birds Directives.

In June 2002, an ISPA application was received for adding an additional traffic lane on the section Radzymin-Wyszkow and for the building of the Wyszkow by-pass on the Via Baltica. At the time being, the Commission has not taken any funding decision on this project. Additional information from the Polish authorities concerning potential impacts on this proposal on potential future Natura 2000 areas is pending.

(1) Council Directive 79/409/EE of 2 April 1979 on the conservation of wild birds OJ L 103, 25.4.1979.

(2) Council Directive 92/43/EE of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora OJ L 206, 22.7.1992.

(3) Express roads means a road that complies with the definition in the European Agreement of Main International Traffic Arteries of 15 November 1975.