WRITTEN QUESTION E-2931/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(24 October 2001)

Subject: Motorway project A 143 endangering semi-natural countryside

1. What view does the Commission take of the plans to build federal motorway A 143 Halle West bypass, Section AS Bennstedt (B80) AD Wallwitz (A 14) in the light of the complaint of 4 May 2000 submitted by the German Nature Conservation Society (complaint number 2000/415, SG(2000) A/6157) and the Federal Republic of Germany's failure fully to transpose the fauna, flora and habitats (FFH) Directive (see the latest judgment of the Court of Justice of 11 September 2001 in case C-71/99)?

2. What view does the Commission take in particular of:

(a) the significant effects on FFH sites of the planned motorway, and the FRG's failure to take account of such effects in concluding its route determination procedure?

(b) the threat to priority species and habitats in the FFH sites concerned?

(c) the failure so far to involve the public in the assessment of implications for the FFH sites (Article 6(3), last clause of the FFH Directive)?

(d) the accusation of an infringement of Article 6(4), first sentence, of the FFH Directive through lack of assessment or inadequate consideration of alternative solutions?

(e) What views has the Federal Government expressed so far on the complaint by the Nature Conservation Society?

(f) Does the Commission intend to initiate proceedings against the Federal Republic of Germany for infringement of the Treaty through its plans to build the A 143 and, if so, when?

Answer given by Mrs Wallström on behalf of the Commission

(13 December 2001)

According to the information available to the Commission, the planned motorway A 143 Westumfahrung Halle will be located in the area of the site Porphyrkuppenlandschaft nordwestlich von Halle, which includes the sites Porphyrlandschaft bei Brachwitz and Porphyrlandschaft bei Grimritz and is proposed as a Site of Community Importance under the Habitats Directive 92/43/EEC(1). This site originally excluded a corridor, in which the motorway is now to be located. However, in October 2000, the German Government formally included this corridor in its proposal of Sites of Community Importance.

The site hosts priority grassland habitats mentioned in Annex I of the Habitats Directive (*6110 and *6120), which are likely to be affected by the planned motorway. The planning authorities have foreseen mitigation measures with a view to limiting the effects of the motorway on the environment.

The question of whether or not the effects of the motorway on the conservation objectives of the site Porphyrkuppenlandschaft nordwestlich von Halle are likely to be significant and if a proper assessment of implications pursuant to Article 6 paragraph 3 of the Habitats Directive has been carried out, is currently being assessed by the Commission in the framework of a complaint procedure. By their letter of 11 September 2001, the Commission has asked the German Government to give its view on this case within two months of receipt of the letter. The German reply is currently being awaited.

Once the German answer has arrived and has been assessed, the Commission will decide on the further handling of this case, ensuring that applicable Community law is respected. The complainants will be informed accordingly.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of nautral habitats and of wild fauna and flora, OJ L 206, 22.7.1992.