WRITTEN QUESTION No. 1509/99 by Elisabeth SCHROEDTER Inadequate transposition of the amendment of the EU's EIA directive in the Brandenburg Highways Act
Date: 1999-09-01
Institutions: European Parliament, SCHROEDTER
Subjects: Brandenburg, environmental impact, national implementing measure, road building

C 27 E/102

Official Journal of the European Communities

EN

29.1.2000

(2000/C 27 E/126)

WRITTEN QUESTION E-1509/99

by Elisabeth Schroedter (Verts/ALE) to the Commission

(1 September 1999)

Subject: Inadequate transposition of the amendment of the EU(cid:146)s EIA directive in the Brandenburg Highways

Act

Has the amendment of

1.
to transpose the
amendment of the EU(cid:146)s EIA directive (97/11/EC) (1) and which takes advantage, in particular, of Article
1(6) amending Article 4(2) and (3), been submitted to the Commission for its consideration?

the Brandenburg Highways Act, which was meant

If so, what does the Commission think of the transposition of the criteria listed in Annex III to the

2.
EIA directive, according to which an EIA may not be forgone?

If not, when will the Commission require this act to be submitted, given in particular that the
3.
amendment of the EIA directive had to be incorporated by the Member States in their legislation by
14 March 1999 and the Commission had to be notified of the arrangements regarding EIA derogations?

Does the Commission consider the criteria in Annex III to have been satisfied when in its new
4.
Highways Act the Government of the Land of Brandenburg classifies an area as protected only if the
highway adjoins it over a distance of at least 2,5 km, even though the average size of nature conservation
areas and comparable protected areas in the Land of Brandenburg is less than 2 x 2 km?

5.
Does the Commission consider the criteria in Annex III to have been satisfied when no mention is
made in Brandenburg(cid:146)s Highways Act of damage to wetlands (which are very common in the region as
high-grade biotopes) as a criterion for an EIA?

6. What will the Commission do to ensure that the amended EIA directive is fully transposed by the
Brandenburg Government?

(1) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(8 October 1999)

1. and 2.
The Commission would inform the Honourable Member that Germany has by letter of
16 September 1999 sent to the Commission the Act concerning the construction of roads in Brandenburg.
The legislation is currently under assessment.

3. and 6. Member States were obliged to implement Council Directive 97/11/EC of 3 March 1997
amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on
the environment, by 14 March 1999 at the latest and to inform the Commission thereof. Germany has not
yet informed the Commission.

As regards the possible impact of the project on wetlands, as highlighted by the Honourable
4. and 5.
Member, for projects listed in Annex II of Directive 97/11/EC it must be determined whether such projects
are likely to have environmental impacts, and consequently whether an environmental impact assessment
must be carried out in accordance with the Directive. When determining this need, Member States have to
take into account the selection criteria listed in Annex III of the Directive. Annex III No 2(a) states that the
environmental sensitivity of geographical areas likely to be affected by projects must be considered, in
particular with regard to the absorption capacity of the natural environment, paying particular attention to
wetlands. It follows that legislation implementing the Directive has to take into account this specific type
of area.