EN Official Journal of the European Union CE 84/365

(2004/C 84 E/0423)

WRITTEN QUESTION P-0339/04

by Jean-Louis Bernié (EDD) to the Commission

(4 February 2004)

Subject: Wind turbines

Although wind power has been called into question in the countries in which it originated (including Germany and Denmark), numerous wind power projects are being developed in France.

Recent scientific reports would seem to indicate that in Germany almost 500 000 birds are killed by wind turbines every year.

Does the Commission have in its possession serious scientific studies on the environmental impact of these wind turbines, including their impact on migratory birds?

Furthermore, in the light of the information available to the Commission, is the installation of these wind turbines compatible with the conservation of migratory bird populations, not least as they are installed on migration paths and in wintering areas and sensitive breeding grounds?

Under these circumstances, is the operator obliged to comply with a precise set of specifications endorsed by the European Commission?

Answer given by Mrs Wallström on behalf of the Commission

(12 March 2004)

The Commission is aware that there are concerns about the potential conflicts between wind farm developments and nature conservation objectives in certain areas, especially in relation to wild birds. Different studies have identified potential hazards such as disturbance, collision mortality and direct loss of habitat arising from such developments (1).

The compatibility of wind farm developments with the requirement of bird protection under EU nature legislation needs to be judged on a case by case basis. The existing knowledge does suggest that the concerns raised by the Honourable Member may be significant especially where sites proposed are on recognised bird migration routes.

Any proposed wind farm project which is likely to have significant effects on the environment must be subject to an environmental impact assessment under Council Directive 85/337/EEC of 27 June 1985 on the assessment of certain public and private projects on the environment as amended by Council Directive 97/11/EC of 3 March 1997 (2). Such an impact assessment should identify, describe and assess the direct effects of a project on, inter alia, flora and fauna.

Where the development may affect a Natura 2000 area (3) the project must be subject to an assessment in accordance with the provisions of Article 6 of Council Directive 92/43/EEC. This provides substantive and procedural safeguards to ensure that damaging developments are not allowed to affect Natura 2000 sites unless they can be justified, in the absence of alternative solutions, to be of overriding public interest. Where the site hosts priority species or habitat types listed under Directive 92/43/EEC, the only considerations that may be raised are those of human health or public safety, to beneficial consequences of primary importance for the environment or further to an opinion of the Commission to other imperative reasons of overriding public interest.

Finalising the establishment of the network of Special Protection Areas in France and other Member States will provide a strong legal basis to ensure that potentially damaging developments in areas of high conservation importance for wild birds are brought under this protection regime.

(1) See for example the review prepared by BirdLife International on behalf of the Berne Convention at: http://www.coe.int/t/e/Cultural_Co-operation/Environment/Nature_and_biological_diversity/Nature_protection/ sc22_inf30erev.pdf

(2) OJ L 175, 5.7.1985 and OJ L 73, 14.3.1997 respectively.

(3) Special Protection Areas under Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979 and Special Areas of Conservation under Article 4 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.