WRITTEN QUESTION E-2535/02

by Ria Oomen-Ruijten (PPE-DE) to the Commission

(11 September 2002)

Subject: Ijzeren Rijn

1. Can the Commission provide an overview of the situation with regard to the Ijzeren Rijn project?

2. In the Commission's opinion, have all the objections and obstacles with regard to the EIA (environmental impact assessment) and the habitats and wild birds directives been eliminated?

3. Is the Commission aware of the conclusions of Van Den Biesen Advocaten of 22 May 2002, and what view does it take of them?

The conclusions of Van Den Biesen Advocaten include the following passage: On the basis of the above, the general conclusion must be that the current procedural preparations for the reopening of the Ijzeren Rijn line contravene the relevant European law. At the same time, bearing in mind European law and the Berne Convention, it is highly questionable whether the Ijzeren Rijn line could ever be reopened while complying with the law referred to here. The old treaties of 1839 and 1873 are insufficient to support Belgium's position and at all events do not override the existence, let alone the sense, the significance and the binding character, of current European law.

4. What action will the Commission take?

Answer given by Mrs Wallström on behalf of the Commission

(17 October 2002)

The IJzeren Rijn (Iron Rhine) railway links the port of Antwerp and the German Ruhr area and is based on a right of way through the Dutch canton of Sittard which is guaranteed by the Dutch-Belgian separation Treaty of 1839 and subsequent Treaties of 1842 and 1873. Rail traffic existed on this route between 1879 and 1994.

The issue of the re-opening of the Iron Rhine has been the subject of several parliamentary questions, as well as of a complaint procedure against the Netherlands and two complaint procedures against Germany, because of possible infringements in relation to the Environmental Impact Assessment Directive (Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1)) and the Nature Protection Directives: Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(2) (Birds directive) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(3) (Habitats directive).

As far as the Commission is aware, no final decision by the national authorities has yet been taken as to the re-opening of the Iron Rhine.

The Commission closed the complaint case against the Netherlands as the re-opening of the Iron Rhine, to the extent that it had been practised until 1994, did not infringe upon the Birds and Habitats Directives. An international assessment of the project has shown that the re-opening of the existing line would be the most environmentally friendly and the most economical option. In addition, it is improbable that restoring railway traffic would significantly affect the area's conservation values. The sites Meinweg and Weerter en Budelerbergen, that will possibly be affected by the re-opening of the Iron Rhine, have been designated as special protection areas under the Birds Directive and notified as proposed sites of Community importance under the Habitats Directive. At the time of the respective designation and notification, however, the railway had already been operational for more than 100 years in the area.

The complaint cases against Germany are still pending. From the information available to the Commission it appears that sites protected under the Habitats Directive or the Birds Directive will not be affected in Germany. The Commission currently is assessing whether the requirements of Directive 85/337/EEC are being respected. However, taking into account that no decision has been taken on the project, an infringement of this Directive appears unlikely at the moment.

The Commission is not aware of the conclusions of 22 May 2002 to which the Honourable Member refers. As regards the Treaties of 1839 and 1873, in its reply to written question E-2381/99 by Mr Staes(4), the Commission has already stated that it is not for it to judge the effects of the Treaties and that the application of the Community law will not necessarily obstruct the application of the Treaties. It also said that it is for the Member States concerned to assess and determine the future use of the Iron Rhine railway line.

(1) OJ L 175, 5.7.1985, as amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.

(2) OJ L 103, 25.4.1979.

(3) OJ L 206, 22.7.1992.

(4) OJ C 280 E, 3.10.2000.