WRITTEN QUESTION E-1206/00 by Jannis Sakellariou (PSE) to the Commission. Environmental Impact Assessment and Habitats Directives.
Date: 2000-04-14
Institutions: European Parliament, Provisional data
Subjects: EC Directive, environmental impact, environmental protection, impact study, mining extraction, prevention of pollution, protected area

C 81 E/20

Official Journal of the European Communities

EN

13.3.2001

(2001/C 81 E/020)

WRITTEN QUESTION P-1167/00

by Nirj Deva (PPE-DE) to the Council

(6 April 2000)

Subject: Gender-specific funding in the budget

With reference to Article 13 of the Treaty concerning prejudice,
action to combat discrimination based on sex,(cid:146)

(cid:145)the Council (cid:133) may take appropriate

Will the Council clarify the following extract from Article 3(3) of Common Position (EC) No 13/2000 (1)
adopted on 16 December 1999:

In the selection, preparation, implementation and evaluation of activities, particular attention should
be paid to: (cid:129) gender-specific roles, knowledge, perspectives and contributions of women/girls and
men/boys in the sustainable management and use of natural resources.

and explain how the common position falls within its Treaty obligations.

(1) OJ C 64, 6.3.2000, p. 47.

Reply

(10 October 2000)

The Council does not consider it appropriate to express its views on a subject regarding which the
decision-making procedure is still in progress.

(2001/C 81 E/021)

WRITTEN QUESTION E-1206/00

by Jannis Sakellariou (PSE) to the Commission

(14 April 2000)

Subject: Environmental Impact Assessment and Habitats Directives

In the Bavarian legal gazette, transposing the Environmental Impact Assessment Directive 85/337/EEC (1),
there is a (cid:145)Bavarian excavation act(cid:146), Article 8 of which permits excavations in national parks and nature
reserves.

1.
Is a provision permitting the extraction of minerals occurring near the surface in national parks and
nature reserves compatible with the Environmental Impact Assessment Directive or with the Habitats
Directive (92/43/EEC) (2)?

The Bavarian Minister of the Environment, in the document entitled (cid:145)Building in harmony with nature and
landscape: rules governing interventions in urban development planning(cid:146) (p. 13, plate 7 and lists II and III)
has permitted building on legally protected areas provided adequate compensatory measures are taken.

Is the destruction of natural and near-natural sections of rivers, and the building of houses on water-
2.
meadows, in long-standing brushwood and hedge country and in species-rich forests, compatible with the
Habitats Directive?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 206, 22.7.1992, p. 7.

13.3.2001

EN

Official Journal of the European Communities

C 81 E/21

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

(5 June 2000)

The Commission would like to point out that it has at its disposal neither the said legislation nor the
document mentioned by the Honourable Member.

With regard to both questions, it should be stressed that both Council Directives 85/337/EEC of 27 June
1985 on the assessment of the effects of certain public and private projects on the environment and
92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora do not
exclude as a rule the excavation of mineral raw material within sites, which are protected under national
legislation. However, if Directive 85/337/EEC applies, it sets up specific requirements such as carrying out
an environmental impact assessment as well as involving the public. If sites were particularly affected, the
environmental characteristics of the likely impact of the project on these sites would need to be identified
and assessed and the results properly taken into account in the decision-making. With regard to Directive
92/43/EEC, it is worth noting that this directive applies in particular to sites, which are part of the network
Natura 2000. If such a site is affected, it is to be assessed on a case-by-case basis if the requirements of
Directive 92/43/EEC, in particular its Article 6 (such as an assessment of the implications for the site, and
non-existence of alternative solutions), are to be respected. Under those Natura 2000 sites, there should be
a sufficient number of sites hosting habitats as specified in Annex I of the Directive.

With regard to the document mentioned by the Honourable Member, it is worth noting that any provision
granting general permits for excavations within Natura 2000 sites under the only condition of taking
compensatory measures appears not to be in line with the strict provisions of Article 6.

It follows that the Commission is not yet in a position to comment in further detail on the questions put
forward by the Honourable Member. The Commission invites the Honourable Member to provide the
necessary information.

(2001/C 81 E/022)

WRITTEN QUESTION E-1208/00

by Anna Karamanou (PSE) to the Council

(27 April 2000)

Subject: Persecution of 13 Iranians of the Jewish faith in Iran

For approximately one year, 13 Iranians of the Jewish faith have been imprisoned without trial on charges
of spying and have been subjected to inhuman and degrading treatment on a daily basis. The latest reports
indicate that most of them are not being allowed to choose a lawyer to defend them at their trial, which is
scheduled for 13 April. In the light of the (cid:145)critical dialogue(cid:146) that has been initiated between the Union and
Iran, will the Council say what measures it will take to obtain guarantees of a fair and open trial and the
safeguarding of the right to choose a defence lawyer?

(2001/C 81 E/023)

WRITTEN QUESTION E-1250/00

by Alejandro Cercas (PSE) to the Council

(27 April 2000)

Subject: Legal guarantees and human rights of a group of Jewish Iranian citizens

On various occasions the European Parliament (which adopted a resolution on the matter in September
1999) and the media have considered the possibility that a group of Iranian Jews accused of spying may
face trial on charges carrying a possible death sentence. Will the Council give details of any measures that
have been taken and initiatives it could adopt to ensure respect for human rights and, in particular, a fair
trial for these citizens?