WRITTEN QUESTION E-1570/02

by Elisabeth Schroedter (Verts/ALE) to the Commission

(4 June 2002)

Subject: Damage to the Elbe conservation area (Saxony-Anhalt) as a result of construction work

The Elbe in Saxony-Anhalt, Germany, constitutes a conservation area because of its unique water meadows. Fifty percent of a DEM 4,7 million EU LIFE project to promote the protection of these water meadows during the period 1998-2002 was funded by the EU. In spite of this, construction work at a total cost of EUR 200 million is being carried out on the river. This includes what is referred to as maintenance work (approximately 75 % of the cost) with the aim of increasing the depth of the Elbe's navigable channel from 1,40 metres to 1,60 metres and extension work in the area of the Magdeburg Domfelsen (75 % ERDF-funded) to increase the depth of the channel at Magdeburg to 2 metres.

1. (a) Is the Commission aware that, despite objections from environmental authorities and environmental protection associations during the EIA process, the ERDF-funded extension work has now started and will result in a drop in water level, which will indirectly cause irreversible damage to the water meadows of the Elbe (conservation status) as a result of dessication?

(b) If so, what steps has the Commission already taken to prevent this?

2. (a) Is the Commission aware that approximately 100 km of the river course in the conservation area is being deepened as a result of what is referred to as maintenance work on the basis of plans and authorisations dating from the 1930s, which means that the protected water meadows are being damaged without an impact assessment having been carried out for the conservation area?

(b) Does it believe that this complies with EU environmental legislation? If so, for what reasons? If not, what measures will it take to prevent damage to the conservation area?

3. In view of Articles 6 and 7 of Regulation (EC) No 2236/95(1), does it believe that there is any justification for the lasting damage and destruction to the conservation area, when the Elbe will only have a 95 % guaranteed depth of 1,60 metres, although commercial inland navigation requires a depth of at least 2,30 metres? If so, on what grounds does it believe the ERDF funding is justified?

(1) OJ L 228, 23.9.1995, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(24 July 2002)

1a. and 2a. The Commission is aware that measures are being taken to artificially control the depth and current of the river Elbe in Saxony-Anhalt, Germany. Regarding effects on proposed Sites of Community Interest (SCI) the Commission has received a complaint concerning a section of approximately 20 km from Wittenberg to Coswig/Wörlitz/Vockerode. The complainant submitted information indicating that the measures planned for this part of the river would have significant effects on the proposed Site of Community Interest Dessau-Wörlitzer-Elbauen (no DE 4140-304) and that some potentially significant effects would not be investigated in the context of the impact assessment conducted pursuant Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1).

With respect to measures concerning the rest of the river, the Commission is not aware of information that would indicate an infringement of Community law or in particular of Directive 92/43/EEC.

According to information received from the Saxony-Anhalt authorities, the work the Honourable Member refers to is not being cofinanced by the European Regional Development Fund.

1b. and 2b. On the basis of the available information, it cannot be determined whether Community law, in particular Directive 92/43/EEC, is being infringed. In order to clarify this issue with respect to the complaint mentioned above, the Commission has requested additional information from the German government.

3. Council Regulation (EC) No 2236/95 of 18 September 1995 lays down general rules for the granting of Community financial aid in the field of the trans-European networks. It was amended in 1999 by Parliament and Council (Regulation No 1655/1999 of the Parliament and of the Council of 19 July 1999(2)). However, the projects mentioned by the Honourable Member are not cofinanced on the basis of this Regulation.

(1) OJ L 206, 22.7.1992.

(2) OJ L 197, 29.7.1999.