EN Official Journal of the European Union CE 84/66

(2004/C 84 E/0072)

WRITTEN QUESTION P-3539/03

by Chris Davies (ELDR) to the Commission

(24 November 2003)

Subject: Windfarms in EU special areas of conservation

The construction of electricity-generating windfarms can cause some significant and permanent damage to fragile habitats such as upland peat moorland. They require the building of service roads, and as much as 300 tonnes of concrete may have to be laid in deep pits in order to support the new generation of wind turbines.

There is also concern that in some locations wind turbines can kill very significant numbers of rare birds.

The range of measures available to most Member States to reduce energy consumption and increase the supply of electricity from renewable sources, together with the fact that the individual contribution of each windfarm to national electricity consumption is usually very small indeed, surely means that it is difficult for any Member State to justify the siting of windfarms in special areas of conservation on the grounds that they are of overriding national importance.

In what circumstances does the Commission believe that there would be grounds to challenge the construction of one or more windfarms within EU special areas of conservation on the grounds that they breach the intentions of the Habitats Directive?

What, if any, guidelines has the Commission issued on this matter?

In view of the fact that most SACs have yet to be declared by the Commission, and yet construction of windfarms is proceeding rapidly in many Member States, what steps can be taken to prevent irreversible damage being done prior to formal SAC declaration?

Answer given by Mrs Wallström on behalf of the Commission

(16 December 2003)

It is not possible for the Commission to specify all conceivable circumstances in which the construction of one or more windfarms within a special area of conservation would contravene the requirements of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1).

Under the terms of Article 6 of this Directive, any plan or project likely to have a significant effect on the conservation values for which the site is included in Natura 2000 must be subject to an appropriate assessment. Where such assessments show that significant damage to a site will occur, Member States may only authorise developments in cases where no viable alternatives are available and where an overriding public interest in the development is demonstrated. In these cases they are, however, obliged to implement compensation measures by creation or improvement of habitat elsewhere to maintain the integrity of the Natura 2000 network.

The Commission has not produced sector specific guidelines on applying the provisions of Article 6. Instead, it has produced both a legal and technical guidance document as well as a separate methodological guide on the application of provisions of this Article. These documents are available on the web site of the Commission (2). The contents of the documents are valid for wind energy plans and projects.

While a list of sites of Community importance has yet to be fully adopted for all parts of the Union, Member States appear generally willing to apply the safeguards of Article 6 of the Directive to sites they nominate for proposed Special Areas of Conservation status. Where the Commission has evidence that these safeguards are not being applied, it has been and is prepared to make use of its powers under the EC Treaty to raise the matter, with a view to ensuring that the nature conservation objectives of the Directive are not put in jeopardy.

(1) OJ L 206, 22.7.1992.

(2) http://europa.eu.int/comm/environment/nature/natura_articles.htm