WRITTEN QUESTION E-0755/03

by Daniela Raschhofer (NI) to the Commission

(12 March 2003)

Subject: Obtaining the opinion of the general public in the assessment of the implications of projects in areas of conservation

According to Article 6 of the FFH Directive (92/43/EEC(1)), any plan or project that is likely to have a significant effect on a special area of conservation must be assessed for its implications for the site in view of the site's conservation objectives. In the light of the assessment of the implications for the site, the competent authorities may agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.

In Austria, Article 6 of the FFH Directive was transposed into nine provincial laws on nature conservation. However, eight of these new provincial laws stipulate that the opinion of the general public must be obtained. The authorities are not able, therefore, to decide for themselves, according to each individual case, whether or not to obtain the opinion of the general public.

1. Under what circumstances does Commission believe that the national authorities should obtain the opinion of the general public when assessing the implications for a site in accordance with Article 6 of the FFH Directive?

2. Is it permissible to forego this part of the procedure in the case of projects that are subject to an assessment of their effects on the environment in accordance with Directive 85/337/EEC(2)?

3. Does the Commission consider the incorporation of Article 6(3) of the FFH Directive (92/43/EEC) into Austrian nature conservation law satisfactory as regards obtaining the opinion of the general public?

(1) OJ L 206, 22.7.1992, p. 7.

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

Answer given by Mrs Wallström on behalf of the Commission

(15 May 2003)

Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1) (Habitats Directive) does not oblige authorities to consult the public before taking a decision on a plan or project potentially affecting significantly a special area of conservation. However, Member States are not allowed to exclude public consultation for all such plans or for all such projects but should address this issue appropriately within the implementation of the Habitats Directive. Competent authorities should for example see on a case by case basis whether public consultation is appropriate. Moreover, in the light of the Aarhus Convention(2), the Commission, as a matter of principle, is supportive of broad public access to environmental information and of the participation of the public in environmental decision-making.

On the questions raised, the following answers can be given:

- Public consultation is necessary where the assessment required by Article 6(3) of the Habitats Directive takes the form of an assessment under Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(3) as amended (EIA Directive).

- As pointed out above, public consultation is in any case required when the assessment under Article 6(3) of the Habitats Directive is incorporated in the environmental impact assessment under the EIA Directive.

- The Austrian legislation transposing the Habitats Directive has been examined by the Commission. This examination identified several problems of non-conformity, including with regard to Article 6.

(1) OJ L 206, 22.7.1992.

(2) Convention of 25 June 1998 on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.

(3) OJ L 175, 5.7.1985.