WRITTEN QUESTION E-2461/00

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

(24 July 2000)

Subject: Compensation for the damage caused by the high-speed train line through the Biesbosch

Is the Commission aware that the future high-speed train line from Amsterdam to Brussels will cut through the western side of the Biesbosch national park, a bird and natural habitat area?

Is the Commission aware that the Dutch government has promised to compensate for the damage to the area within the Biesbosch?

Does the Commission agree that it is better, in terms of maintaining biodiversity, to have compensation outside the Biesbosch in order to prevent a nett loss?

If so, is the Commission prepared to call on the Dutch authorities to revise the plans for compensation within the Biesbosch?

Answer given by Mrs Wallström on behalf of the Commission

(27 September 2000)

The Commission is not aware that the railway line Hogesnelheidslijn-Zuid between Amsterdam and Brussels (hereafter HSL) will cut through the western part of the Biesbosch.

The Biesbosch had been designated as a special protection area (SPA) within the meaning of the Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1) and has been proposed by the Netherlands as a site of Community importance (SCI) within the meaning of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna(2).

According to Article 6(3) of Directive 92/43/EEC any plan or project likely to have a significant effect on an SCI shall be subject to appropriate assessment of its implications for the site. The national authorities shall agree to the project only after having ascertained that it will not adversely affect the site and, if appropriate, after having obtained the opinion of the general public.

According to Article 6(4) of Directive 92/43/EEC if, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, the project must nevertheless be carried out for imperative reasons of overriding public interest, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.

Pursuant to Article 7 of Directive 92/43/EEC the obligations under Article 6(3) and 6(4) of that Directive not only apply to SCIs but also to SPAs.

The Dutch authorities have not yet informed the Commission about the compensation measures that they intend to take in the Biesbosch as a result of the construction of the railway line, as they are obliged to do pursuant to Article 6(4) of Directive 92/43/EEC. However, since this railway line has not been constructed so far, the measures are not to be taken yet nor has the Commission to be informed.

The Commission has asked the Dutch authorities to provide information about the application of Directive 79/409/EEC and Directive 92/43/EEC as well as Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(3) with respect to the HSL.

Should the Netherlands' answer reveal any grounds of non-compliance with the above mentioned Directives, the Commission will not hesitate to take all necessary measures to ensure that those Directives are fully respected by the Dutch authorities.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.

(3) OJ L 175, 5.7.1985.