WRITTEN QUESTION P-1875/99 by Alexander de Roo (Verts/ALE) to the Commission. Imminent infringement of the Habitat Directive.
Date: 1999-10-12
Institutions: European Parliament, Provisional data
Subjects: Belgium, Germany, Netherlands, directive (EU), environmental impact, environmental protection, national park, rail transport, terrestrial ecosystem

20.6.2000

EN

Official Journal of the European Communities

C 170 E/113

When permissions are given by national or local authorities, the Commission can only assume that
environmental considerations have been taken into account. It is not the responsibility of the Commission
to interfere with local issues. However the Commission may intervene should evidence of a potential
breach of Community legislation be brought to its attention.

(1) OJ L 206, 22.7.1992.

(2000/C 170 E/133)

WRITTEN QUESTION E-1863/99

by Glyn Ford (PSE) to the Commission

(14 October 1999)

Subject: Parity of qualifications within the European Union

Is the Commission aware that Barcelona University is demanding from a British student who already has a
degree from a British University 156 credits over and above those demanded from Spanish students?

Does the Commission not feel that this is in breach of European law which does not allow discrimination
on the grounds of nationality between citizens of the European Union?

Answer given by Mrs Reding on behalf of the Commission

(4 November 1999)

The information supplied by the Honourable Member does not allow for a thorough examination of the
situation. The Commission has specified in a fax to the Honourable Member what details are needed. As
soon as the information becomes available, the Commission will look into this case.

(2000/C 170 E/134)

WRITTEN QUESTION P-1875/99

by Alexander de Roo (Verts/ALE) to the Commission

Subject: Imminent infringement of the Habitat Directive

(12 October 1999)

Is the Commission aware that the Governments of Belgium, the Netherlands and Germany are developing
plans for the revival of the (cid:145)Iron Rhine(cid:146)?

Is the Commission aware that the historical route of this rail freight line passes through the De Meineweg
National Park?

Is the Commission aware that De Meineweg has been designated as a sanctuary and special protection area
within the framework of Natura 2000?

Is the Commission aware that the Directive 92/0043/EEC (1) (the Habitat Directive) has a special bearing on
the presence (cid:129) unique in the Netherlands (cid:129) of adders (vipera berus)?

Does the Commission agree that the revival of a rail freight line in this area is inconsistent with the
European Habitat Directive, under which the adder, great crested newt, common spadefoot and crane are
protected?

What steps is the Commission contemplating to ensure that the Netherlands complies totally with the
Habitat Directive in respect of De Meineweg?

C 170 E/114

Official Journal of the European Communities

EN

20.6.2000

Is the Commission prepared to press the Governments of the Netherlands, Belgium and Germany to make
a serious study of modern alternatives to the Iron Rhine to and via Venlo?

Does the Commission feel that a modern rail freight line should also be combined with a new rail
passenger link on the Antwerp-Venlo-Ruhr route?

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

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

(22 November 1999)

The Commission is aware of discussions between the Belgian, German and Dutch authorities concerning
the possible re-opening of the IJzeren Rijn railway line. But the Commission has not been informed about
the results of the discussions so far.

The Commission is aware that the Iron Rhine railway passes through the Nationaal Park De Meinweg.

The Commission is aware that De Meinweg is a part of the network of Natura 2000. It is classified as a
special protection area under Council Directive 79/0409/EEC of 2 April 1979 on the conservation of wild
birds (1) (1 600 ha). It was also proposed as a site of Community importance under Council Directive
92/0043/EC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1 807 ha).
The Commission is also informed that the area is classified as a Stiltegebied. Because this classification is
only based on national law, it has no implications under Community law.

The adder (Vipera berus) is not mentioned in Annex II nor in Annex IV to Directive 92/0043/EC so it does
not have the protection of this Directive. Of course the Member States themselves are free to protect
habitats or species that are not mentioned in Directive 92/0043/EC, such as, in this case, the adder in the
Netherlands. However, this can also be a relevant aspect for the application of the Council Directive
85/0337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on
the environment (2).

De Meinweg is protected by Directive 92/0043/EC, in particular by Article 6 (2, 3 and 4). According to
Article 7 of Directive 92/0043/EC, those provisions also apply to special protected areas as defined in
Directive 79/0409/EEC. The reopening of the Iron Rhine appears to be a project, in the sense of Article
6(3), that is likely to have a significant effect on De Meinweg. In that case the project has to be subjected
to an appropriate assessment of its implications on De Meinweg, especially on the habitats and the species
that are protected by Directive 92/0043/EC and Directive 79/0409/EC such as the crested newt (Triturus
cristatus), Common spadefoot (Pelobates fuscus) or the crane (Grus grus).
If the conclusion of that
assessment is that there are negative implications, Article 6(4) applies. The application of Article 6(4) is
the first responsibility of the Member State. On the basis of the present information, the Commission
cannot judge if there is an infringement of Directive 79/0409/EEC or Directive 92/0043/EC. Therefore it
will ask the Dutch authorities for more information about the project and its implications under Directive
79/0409/EEC and Directive 92/0043/EC. The project would affect not only De Meinweg but also the
Weerter en Budelerbergen, which is an area proposed as a special protection area under Directive
79/0409/EEC. As far as De Meinweg is concerned, the Commission will take no other steps at the
moment, since there is no indication so far that an infringement of Directive 79/0409/EEC or Directive
92/0043/EC has already taken place.

At this stage of the project it is up to the Member States concerned to assess possible alternatives for the
project. Such an assessment is obligatory if Article 6(4) of Directive 92/0043/EC applies to the project. The
Commission will ask the Dutch authorities for information about the application of Article 6(4). According
to the subsidiarity principle, it is for the Member States concerned to assess and determine the future use
of railway lines including whether passenger and freight trains could both use a line.

(1) OJ L 103, 25.4.1979.
(2) OJ L 175, 5.7.1985.