WRITTEN QUESTION P-3772/02

by Chris Davies (ELDR) to the Commission

(16 December 2002)

Subject: Impact of the Via Baltica on important conservation areas in Poland

Further to the Commission's response to my question E-1968/02(1) regarding the Biebrza marshes in Poland, what information has the Commission received in response to its request to the Polish authorities? If no information has been received, how is the Commission pursuing this matter with the Polish authorities?

Concerns have also been expressed about the impact of the Via Baltica on two primeval forests at Augustow and Knysyn. As both these sites would require protection under EC law on Poland's accession to the EU, what action is the Commission taking to ensure that the Via Baltica does not cut across these forests?

(1) OJ C 309 E, 12.12.2002, p. 181.

Answer given by Mrs Wallström on behalf of the Commission

(16 January 2003)

As the Honourable Member is aware from the earlier reply to his Written Question E-1968/02(1) on this subject, it is the position of the Commission that all candidate countries should apply and implement the provisions of the environmental acquis, including 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(2), hereafter environmental impact assessment (EIA) Directive, and the Birds and Habitats Directives(3), already during the pre-accession period. This is of particular relevance for large-scale infrastructure investments such as the Via Baltica.

According to the EIA Directive the construction of an express road(4) 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.

The Biebrzañski National Park and the Augustów and Knyszyn forests are clearly of outstanding natural value. In addition, it seems more than likely that they will be identified as Natura 2000 sites at accession. This implies that conservation rules apply in order to protect the value of these sites.

The Commission has written to the Polish authorities regarding the Biebrzañski National Park to draw their attention to these matters and to seek assurance that the requirements set out in Article 6 of the Habitats Directive have been applied in this case. The Polish authorities have stated that an initial prognosis of the environmental impact of the proposed route has been prepared by the two municipalities concerned. A decision on the conditions for land development and use, determining the location of the road, has not yet been taken and the Commission understands that there will be a fuller assessment at this stage. They have undertaken to keep the Commission informed about further developments.

More generally, the Commission is continuing to stress the importance of safeguarding potential Natura 2000 sites from negative impacts of development, most recently in the informal meeting between the Member of the Commission responsible for the Environment and Environment Ministers of the candidate countries on 21 January 2003.

(1) OJ C 309 E, 12.12.2002, p. 181.

(2) OJ L 73, 14.3.1997.

(3) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna, OJ L 206, 22.7.1992, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979.

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