WRITTEN QUESTION E-0903/98

by Nuala Ahern (V) to the Commission

(26 March 1998)

Subject: Cairngorm mountains, Scotland

A large part of the Cairngorm mountains in Scotland has been designated by the UK authorities as a Special Protection Area (SPA) under the EU Birds Directive (79/409)(1). The area is also proposed as a Special Area of Conservation (SAC) under the EU Species and Habitats Directive (92/43)(2).

The area is also subject to a proposal to construct a funicular railway in order to develop the skiing and summer tourism industries. It is proposed that this development to be supported by 13.5 million of UK aid and ECU 4.05 million from the ERDF under the Highlands and Islands Objective 1 programme. This ERDF funding has been suspended pending an investigation by the Commission.

Can the Commission state the terms of this investigation and what its expected timescale is?

Can the Commission indicate: whether it is satisfied that the boundaries of the SPA and pSAC (possible SAC) have been properly delineated in accordance with the relevant European Court of Justice (ECJ) decisions, including Santofia Marshes (C-355/90) and Lappel Bank (C-44/95), as well as the terms of the Species and Habitats Directive?

Whether it is wholly satisfied that the UK authorities will be able to ensure that the construction and operation of the funicular railway "will not adversely affect the integrity of the SPA and pSAC", either as proposed or with revised boundaries?

Whether these measures are consistent with the ECJ's interpretation of legal certainty, especially in Association pour la Protection des Animaux Sauvages and Others (C-435/92) and the "precautionary principle" on which community environmental policy is based, pursuant to Article 130r of the Treaty on European Union?

Whether it was satisfied that the UK authorities complied, in this case with the terms of Directive 85/337(3) on the assessment of the effects of certain public and private projects on the environment, especially the terms of Article 2 thereof whereby the public must be given the opportunity to express an opinion?

What steps it is taking before agreeing to release the ERDF funding and, in particular, to ascertain that such release does not breach Article 7 of Regulation 2081/93(4) on Structural Funds in terms of projects which are in contradiction to European environmental law and policy? And, in regard to this consideration, which laws and policies have been considered?

Can the Commission also state that it is satisfied that the UK authorities have properly managed the proposed award of ERDF funds and, in particular, it is satisfied that the development is "infrastructure" and not "productive investment" and the ECU 13.5 million of UK state aids are acceptable in terms of Community policy?

Answer given by Mrs Bjerregaard on behalf of the Commission

(2 June 1998)

The Commission can confirm that it is currently investigating two complaints against the United Kingdom (one received in 1995, the other in 1997) concerning the implementation in the Cairngorm mountains of Directives 79/409/EEC on the conservation of wild birds and 92/43/EEC on the conservation of natural habitats and of wild flora and fauna. The investigation relates principally to the fixing of boundaries of the Cairngorms special protection area (SPA) pursuant to Directive 79/409/EEC; the qualifying interest of that SPA (in particular whether snow bunting should be covered); the fixing of boundaries of the proposed special area of conservation (SAC) pursuant to Directive 92/43/EEC; and the measures taken to ensure that the funicular railway project complies with Article 6 of Directive 92/43/EEC. The Commission would hope to conclude its investigation during 1998.

Pending the outcome of the investigation, the Commission is not in a position to state that it is satisfied on the matters mentioned by the Honourable Member. As regards the proposed use of Community funds, the objective 1 single programming document states that projects that are co-financed by structural funds must abide by the principles and objectives of sustainable development and must also comply with Community legislation on the environment. The release of the European regional development fund (ERDF) grant of £2.7 million agreed by the Highlands and Islands objective 1 monitoring committee in December 1997 will only happen after a satisfactory solution has been found to the eligibility issues raised by the project including the environmental aspects.

As regards this latter aspect and on the basis of Article 7 of Council Regulation 2081/93 of 20 July 1993 amending Regulation (EEC) 2052/88 on the tasks of the structural funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European investment bank and the other existing financial instruments(5), the ERDF assistance cannot be granted prior to the outcome of the environmental complaints currently being processed by the Commission. The Scottish Office has confirmed that no offer letter will be issued to the sponsor before this outcome. The Commission is not yet in a position to respond on the last point raised by the Honourable Member. It has requested the Scottish Office to provide additional information.

(1) OJ L 103, 25.4.1979, p. 1.

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

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

(4) OJ L 193, 31.7.1993, p. 5.

(5) OJ L 193, 31.7.1993.