WRITTEN QUESTION E-0431/00

by Patricia McKenna (Verts/ALE) to the Commission

(23 February 2000)

Subject: Environmental impact of afforestation, land reclamation and peat extraction

Has the Commission taken steps to ensure that Council Directive 85/337/EEC(1) on the assessment of the impact of certain public and private projects on the environment will be complied with in relation to the

use of forthcoming Community grant aid? In the case of Ireland, what steps has the Regional Development Commissioner taken to ensure that the forthcoming Community grant aid does lead to further infringements of this directive, as identified in the judgment of the European Court of Justice against Ireland of 21 September 1999 [C-392/96] on the environmental impact of afforestation, land reclamation and peat extraction.

Of particular concern are the small-scale forestry initiatives being promoted by the Irish authorities under the Rural Environmental Protection Scheme, which will fund the planting of commercial, monocultural plantations of non-native species by small farmers with the consequent fragmentation of native bio-diversity, already under critical pressure through rapid economic development in the rural landscape. Specifically, the Court judgment noted that even small-scale projects can have substantial effects on the environment mldr where, by reason of its nature, there is a risk that it will cause substantial or irreversible change in those environmental factors, irrespective of its size.

Given that the Irish Minister for the Environment informed the Irish Parliament in a reply to written parliamentary questions on 9 November 1999 that he was unable to indicate what amendments to national procedures were necessary to comply with the Court of Justice judgment against Ireland, will the Commission ensure that the Irish decision-making process complies with this judgment and that appropriate procedures are in place before approval is given for further Community support for these activities?

(1) OJ L 175, 5.7.1985, p. 40.

Answer given by Mrs Wallström on behalf of the Commission

(6 April 2000)

In relation to the use of Community funds in general, the Commission is conscious of the importance of respect for Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(1).

In relation to Ireland, future Community funding is only likely to be of major relevance to one of the three categories of project mentioned by the Honourable Member, namely afforestation. For this category, the Irish authorities proposed in their National development plan and in the Rural development plan substantial Community grant-aid, principally pursuant to the rural development regulation (Regulation (EC) No 1257/1999 on support for rural development from the European agricultural guidance and guarantee fund (EAGGF) and amending and repealing certain regulations(2)) but also pursuant to the structural funds regulation (Regulation (EC)No1260 laying down general provisions on the structural funds(3)). However, Commission decisions on funding the relevant Irish plan and programmes have not yet been taken. Any Commission decisions will take account of the requirements of both regulations.

In this context, the Honourable Member's attention is drawn to Article 37(1) of the rural development regulation which provides that support for rural development shall be granted only for measures that comply with Community law. As regards the structural funds regulation, her attention is drawn to Article 12 which provides that operations financed by the funds shall be in conformity with Community rules on environmental protection, and its Article 41(b) which provides that an ex-ante environmental evaluation shall set out the arrangements for ensuring compliance with Community rules on the environment.

Finally, the Commission would inform the Honourable Member that, following the Court of justice judgement to which she refers, it wrote to the Irish authorities asking for information on how Ireland intends to comply in relation to the above-mentioned three categories of project. The Irish authorities have responded that it is their intention adopt new planning legislation. Unfortunately, this new legislation has not yet been adopted or forwarded to the Commission.

(1) OJ L 175, 5.7.1985.

(2) OJ L 160, 26.6.1999.

(3) OJ L 161, 26.6.1999.