EN Official Journal of the European Union CE 88/79

(2004/C 88 E/0088)

WRITTEN QUESTION E-2346/03

by Erik Meijer (GUE/NGL) and Alexander de Roo (Verts/ALE) to the Commission

(16 July 2003)

Subject: Devastation of previously unspoiled natural and cultural landscapes and destruction of ecotourism due to the increase in opencast mining and quarrying in the Polish province of Dolnoslaœkie, Lower Silesia

1. Is the Commission aware that, shortly before Poland's accession to the EU, mining companies are hurrying to purchase land and acquire long-term concessions for large-scale opencast mining in the partially protected mountain areas of Góri Izerskie and Karkonosze (Giant Mountains) on the southern border of the Polish province of Lower Silesia (województwo Dolnoslaœkie)?

2. Is the Commission aware that since 1999 the Swedish company NCC has been devastating the landscape in Klopotnica (municipality of Mirsk), destroying its attractiveness to people, by means of excavations, wide access roads, the noise of explosions and dust clouds, and that as a result tourists are staying away and the region is being impoverished?

3. Has the Commission heard that plans are being drawn up for the expansion of an old, no longer operational mine near Karpniki (municipality of Myslakowice), an area with many country houses, palaces and historic gardens in the protected Rudawski Janowice Park, under which the size of the mine would increase between 20 and 30-fold, and that the Pol-Skal company is also developing plans for large-scale opencast quarrying of leuco-granite over an area of 80 ha between Mala Kamienica and Chromiec (municipality of Stara Kamienica), that if these were implemented, the landscapes in the area would be seriously damaged and that these plans are likely to encounter increasingly strong resistance from the local people?

4. Are the EU or the European Investment Bank in any way involved in the preparation, financing or implementation of these mining and quarrying projects? Are environmental impact assessments being drawn up?

5. What can and will the Commission do to encourage the further development of measures to protect nature and landscapes and sustainable forms of tourism and agriculture in the mountains of Lower Silesia and possibly to provide support from EU funds for such measures, and what can and will be done to prevent opencast mining and quarrying from leaving behind an inhospitable lunar landscape which is fit for nothing in the area concerned?

Joint answer

to Written Questions E-2345/03 and E-2346/03

given by Mr Verheugen on behalf of the Commission

(10 September 2003)

The Commission takes note of the facts mentioned by the Honourable Members concerning mining activities in Poland. The Commission also notes that an international travelling exhibition was held in the valley Jelenia Góra and that three international conferences have recommended that the region around Jelenia Gória, Doliny Bobru and Rudawaski Park be placed on the United Nations Educational, Scientific and Cultural Organisation (Unesco) world heritage list. As regards protected areas the Commission is aware of the national system of designated areas in Poland.

Regarding mining in Poland, the Commission is not aware of the specific projects mentioned by the Honourable Members. From experience gathered in the Union, the Commission has learned however that mining activities are de facto not incompatible with sound environmental protection. Numerous extractive operations are located within natural protected zones and sound planning of mining and quarrying industry can even contribute to develop new areas for recreational activities. It can however confirm that acceding countries such as Poland which have an important mining sector, still need to make efforts to improve the framework under which these activities operate. This is why the Commission will assist the authorities and industry by providing them with the necessary support through exchange of best practices.

As a general rule, the acceding countries have been regularly reminded of the Council conclusions of 24 September 1998 on Accession Strategies for the Environment, in which it was stated that all new investment should comply with the environmental acquis.

As regards the relevant Union legislation, extractive activities are subject to the environmental impact assessment requirements of Directive 85/337/EEC, as amended by Directive 97/11/EC (1). The management of waste from the extraction and processing of mineral resources has to comply with the general obligations of the Waste framework Directive 75/442/EEC, as amended by Directive 91/156/EEC (2). Where the deposit of such waste occurs onto or into land, it needs in particular to comply with the operating and technical requirements of Directive 1999/31/EC (3) on the landfill of waste.

Furthermore, with an aim to improve environmental standards in this area the Commission adopted recently a Proposal for a Directive on the management of waste from extractive industries (4). This proposal lays down the tasks that have to be carried out by the mining industry and define the role of the competent authority supervising the mining operations before and after closure. It also establishes the requirement for a financial guarantee for the rehabilitation of a mining site in case of insolvency. Based on the polluter pays principle, these provisions aim at preventing unscrupulous operators e.g. in case of bankruptcy, to walk away leaving behind an unnecessary burden to society.

According to the commitments made in the accession negotiations, the Polish government is to designate Special Protection Areas under the Birds Directive (5), and to submit the national list of Sites of Community Importance under the Habitats Directive (6) at the latest by the date of accession. The Polish government, based on scientific surveys, has drawn up a list of candidate sites, and these proposals are being discussed with the local governments and stakeholders. Up to now no official communication concerning the list has been made.

No financing has been provided under the PHARE program for mining and quarrying projects in Poland. Some financing has been provided in relation to the restructuring of the coal and steel industry for the creation of alternative employment opportunities.

The European Investment Bank has not financed any projects involving the preparation, financing or implementation of these mining and quarrying projects, nor has the Bank been involved in any discussions relating to these mining and quarrying projects.

As the Honourable Members are aware, in the European context, Eco-tourism is regarded as a tourism practice not at all restricted to protected areas, but mainly aiming at minimizing negative impacts of tourism on culture and environment. Therefore, Ecotourism in Europe should be seen as a form of tourism that is practiced with respect to the highest standards of environmental protection.

In this respect, the Commission has developed an Internet guide on the ‘Union support for Tourism Enterprises and Tourist Destinations’ that can be downloaded at: (http://europa.eu.int/comm/enterprise/services/tourism/tourism-publications/documents/internet_ guide_en.pdf). This Internet guide contains a comprehensive set of information on various Union programs, schemes, funds, initiatives and actions of interest to the tourism sector and establishes Internet links to the homepages of the relevant programs.

The objective of this new Internet guide is to make available to actors in the tourism sector and to other interested people, a comprehensive and structured overview of the opportunities the Community offers to help the development of sustainable tourism, and therefore Eco-tourism. The Internet Guide presents Community schemes classified into specific fields of interest — such as training and support for employment creation, business support and co-operation, co-operation between regions, cultural events supporting tourism, or research and technological development. Suitable examples of tourism-related actions that have been implemented under each program demonstrate the relevance of the program to tourism.

Since this Guide also presents program descriptions, target groups and requirements, budget allocations, and grant rates in a summary format, and lists the relevant program homepages, the beneficiaries of a given project might be able to better address their concerns according to the objectives of the different Community funding schemes.

Poland as an acceding country to the Union and after having signed the Treaty of Accession, has to align to and to implement the above mentioned directives and to comply with the requirements concerning nature protection and the designation of sites by accession, as far as no transitional arrangements have been granted. After accession, Poland will have the obligation to implement agri-environmental measures under its European Agriculture Guidance and Guarantee Fund (EAGGF)-Guarantee financed rural development program.

The Commission will continue to monitor the situation closely and give a detailed assessment in its Comprehensive Monitoring Report on the status of the implementation of the requirements in the environment field in Poland and where necessary, will raise issues of concern with the competent Polish authorities.

(1) 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, OJ L 73, 14.3.1997.

(2) Council Directive 91/156/EEC of 18 March 1991 amending Directive 75/442/EEC on waste, OJ L 78, 26.3.1991.

(3) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, OJ L 182, 16.7.1999.

(4) COM(2003) 319 final.

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

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