WRITTEN QUESTION P-1875/99

by Alexander de Roo (Verts/ALE) to the Commission

(12 October 1999)

Subject: Imminent infringement of the Habitat Directive

Is the Commission aware that the Governments of Belgium, the Netherlands and Germany are developing plans for the revival of the Iron Rhine?

Is the Commission aware that the historical route of this rail freight line passes through the De Meineweg National Park?

Is the Commission aware that De Meineweg has been designated as a sanctuary and special protection area within the framework of Natura 2000?

Is the Commission aware that the Directive 92/0043/EEC(1) (the Habitat Directive) has a special bearing on the presence unique in the Netherlands of adders (vipera berus)?

Does the Commission agree that the revival of a rail freight line in this area is inconsistent with the European Habitat Directive, under which the adder, great crested newt, common spadefoot and crane are protected?

What steps is the Commission contemplating to ensure that the Netherlands complies totally with the Habitat Directive in respect of De Meineweg?

Is the Commission prepared to press the Governments of the Netherlands, Belgium and Germany to make a serious study of modern alternatives to the Iron Rhine to and via Venlo?

Does the Commission feel that a modern rail freight line should also be combined with a new rail passenger link on the Antwerp-Venlo-Ruhr route?

(1) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(22 November 1999)

The Commission is aware of discussions between the Belgian, German and Dutch authorities concerning the possible re-opening of the IJzeren Rijn railway line. But the Commission has not been informed about the results of the discussions so far.

The Commission is aware that the Iron Rhine railway passes through the Nationaal Park De Meinweg.

The Commission is aware that De Meinweg is a part of the network of Natura 2000. It is classified as a special protection area under Council Directive 79/0409/EEC of 2 April 1979 on the conservation of wild birds(1) (1 600 ha). It was also proposed as a site of Community importance under Council Directive 92/0043/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1 807 ha). The Commission is also informed that the area is classified as a Stiltegebied. Because this classification is only based on national law, it has no implications under Community law.

The adder (Vipera berus) is not mentioned in Annex II nor in Annex IV to Directive 92/0043/EC so it does not have the protection of this Directive. Of course the Member States themselves are free to protect habitats or species that are not mentioned in Directive 92/0043/EC, such as, in this case, the adder in the Netherlands. However, this can also be a relevant aspect for the application of the Council Directive 85/0337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(2).

De Meinweg is protected by Directive 92/0043/EC, in particular by Article 6 (2, 3 and 4). According to Article 7 of Directive 92/0043/EC, those provisions also apply to special protected areas as defined in Directive 79/0409/EEC. The reopening of the Iron Rhine appears to be a project, in the sense of Article 6(3), that is likely to have a significant effect on De Meinweg. In that case the project has to be subjected to an appropriate assessment of its implications on De Meinweg, especially on the habitats and the species that are protected by Directive 92/0043/EC and Directive 79/0409/EC such as the crested newt (Triturus cristatus), Common spadefoot (Pelobates fuscus) or the crane (Grus grus). If the conclusion of that assessment is that there are negative implications, Article 6(4) applies. The application of Article 6(4) is the first responsibility of the Member State. On the basis of the present information, the Commission cannot judge if there is an infringement of Directive 79/0409/EEC or Directive 92/0043/EC. Therefore it will ask the Dutch authorities for more information about the project and its implications under Directive 79/0409/EEC and Directive 92/0043/EC. The project would affect not only De Meinweg but also the Weerter en Budelerbergen, which is an area proposed as a special protection area under Directive 79/0409/EEC. As far as De Meinweg is concerned, the Commission will take no other steps at the moment, since there is no indication so far that an infringement of Directive 79/0409/EEC or Directive 92/0043/EC has already taken place.

At this stage of the project it is up to the Member States concerned to assess possible alternatives for the project. Such an assessment is obligatory if Article 6(4) of Directive 92/0043/EC applies to the project. The Commission will ask the Dutch authorities for information about the application of Article 6(4). According to the subsidiarity principle, it is for the Member States concerned to assess and determine the future use of railway lines including whether passenger and freight trains could both use a line.

(1) OJ L 103, 25.4.1979.

(2) OJ L 175, 5.7.1985.