WRITTEN QUESTION E-0496/01

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

(22 February 2001)

Subject: Adverse impact of the Iron Rhine on German nature reserves

The reopening of the historical Iron Rhine rail line running through the De Meinweg National Park will, if it goes ahead, have an adverse impact on the natural environment just over the border in Germany, in an area designated by the German Government as coming under directives on habitats and the protection of birds. The proposed alternative routes to the north and south of De Meinweg (alternatives A1 and A2) spare the (Netherlands) nature reserve to some extent, but, on German territory, cut through the Natura 2000 area Forst Meinweg and the bird protection area Schwalm Nette Platte mit Grenzwald und Meinweg (DE 4603-401).

If the historical line is possibly to be used again in Germany, is it not necessary that an (independent) study be undertaken by the German authorities into the possible consequences for the natural heritage in Forst Meinweg and the bird protection area Schwalm Nette Platte mit Grenzwald und Meinweg?

To what extent is a transboundary impact assessment needed (pursuant to Directive 97/11/E(1)1 amending Directive 85/337/EE(2)2 on the assessment of the effects of certain public and private projects on the environment), in order to enable the possible adverse effects on German territory to be assessed?

(1) OJ L 73, 14.3.1997, p. 5.

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

Answer given by Mrs Wallström on behalf of the Commission

(30 May 2001)

The site Schwalm-Nette-Platte mit Grenzwald und Meinweg has been notified to the Commission by Germany as a Special Protection Area (SPA) under Article 4 (1) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1) (hereafter Wild Birds Directive). In addition, a part of this SPA situated in the Forst Meinweg has recently been designated as a proposed Site of Community Importance according to Article 4 (1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(2) (hereafter Habitats Directive) under the name Meinweg mit Ritzroder Dünen.

The protection regime foreseen in Articles 6 (2) to (4) of the Habitats Directive applies to both Special Protection Areas designated under the Wild Birds Directive and Sites of Community Importance proposed under the Habitats Directive. According to Article 6 (3) of the Habitats Directive, any plan or project not directly connected with or necessary to the management of the site, but likely to have a significant effect thereon, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. The Habitats Directive does not define the way in which these implications are to be assessed, but merely states that the assessment must be appropriate.

The Commission notes that the reopening of the Iron Rhine is currently under consideration, but that no decision has been taken yet. If a decision to reopen the line leading through the site Schwalm-Nette-Platte mit Grenzwald und Meinweg were to be taken, this project would have to be made subject to a prior appropriate assessment of its implications with a view to the conservation objectives of that site, provided the project was likely to have significant effects thereon.

According to Annex I para. 7 a), Article 4 (1) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (hereafter EIA Directive), as amended by Council Directive 97/11/EC of 3 March 1997(3), the construction of lines for long-distances railway traffic must be made subject to an assessment of its environmental impacts. With. respect to a change of projects listed in Annex I of the EIA Directive, Annex II para. 13, Article 4 (2) of the EIA Directive provides that the Member States must determine through either a case-by-case examination or by thresholds or criteria set by the Member State, whether the project must be made subject to an impact assessment.

Article 7 of the EIA Directive obliges Member States, which are aware that a project is likely to have significant effects on the environment in another Member State, to inform this other Member State of the project. The latter may ask to participate in the environmental impact assessment procedure of the Member State in whose territory the project is intended to be carried out. The Member States concerned are required to enter into consultations regarding the potential transboundary effects of the projects and measures envisaged to reduce or eliminate such effects.

Since it seems that the Iron Rhine can only be reopened if all Member States through which it crosses agree to the reopening, the project will not only be carried out in one Member State. Therefore, each Member State concerned has the possibility to assess and take account of the impacts of the project on its territory in the framework of its own administrative procedure. It is only if there were additional transboundary effects, which the Commission cannot envisage at this stage, that the procedure under Article 7 of the EIA Directive would seem to be relevant in this context.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.

(3) OJ L 73, 14.3.1997.