WRITTEN QUESTION E-0220/01 by Alexander de Roo (Verts/ALE) to the Commission. Planning of the Daskalovo-Kulata motorway section through the Kresna gorge nature conservation area in Bulgaria.
Date: 2001-02-05
Institutions: European Parliament, Provisional data
Subjects: Bulgaria, EU environmental policy, EU financing, impact study, motorway, national implementing measure, public awareness campaign

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Official Journal of the European Communities

C 261 E/65

investigating their requests. No formal request has been made. The Greek Telecommunications Organiza-
tion (OTE) submitted a draft Reference Unbundling Offer to the national regulatory authority (EETT), as
required under the Regulation, in January 2001. With regard to collocation and related pricing issues, the
Commission has drawn attention, most particularly in the 6th Implementation Report (1), to the crucial
need for regulators to follow developments closely. The Commission will bring infringement proceedings
in the event of failure to enforce rights and obligations at national level.

The Commission also drew attention in the 6th Implementation Report
to the lack of a National
Numbering Plan (NNP) in Greece. In December 2000, Greece adopted Law 2867/2000, which transferred
the power to the EETT, to adopt a numbering plan. The Commission is informed that, on 29 January
2001, EETT adopted the NNP, which was published in Official Gazette 127B of 8 February 2001. The
EETT(cid:146)s Decision concerning the management and allocation of numbers was published in Official Gazette
159B on 16 February 2001. The Commission will of course follow the application of the NNP in practice.

In relation to tariffs, Presidential Decree (PD) 181/1999 has been notified to the Commission as the
national measure transposing Directive 98/10/EC of the Parliament and of the Council of 26 February
1998 on the application of open network provision (ONP) to voice telephony and on universal service for
telecommunications in a competitive environment. Article 17 paragraph 5 of the Directive provides that
tariff changes shall be implemented only after an appropriate public notice period, set by the national
regulatory authority, has been observed. Article 16 paragraph 5 of the PD transposing that Article provides
that changes in tariffs should be applied following a two-month notification period. The Commission has
not been informed of an amendment of the PD. The Commission will of course bring infringement
proceedings if the requirements of the Directive are not fulfilled in practice.

2.
It is in the first instance the responsibility of the national regulatory authority to ensure that OTE
fulfils its obligations under the national measures transposing the directives making up the telecommuni-
cations regulatory package or, in the case of the unbundling of the local loop, under the directly applicable
provisions set out
in the Regulation. The Commission will, as indicated above, bring infringement
proceedings in all cases where such obligations are not enforced in practice.

In addition, on the basis of its competition powers, the Commission carefully monitors the conditions of
unbundling and the deployment of high speed broadband services, in particular in the framework of a
sector enquiry launched in July 2000 across the Community.

(1) COM(2000) 814 final.

(2001/C 261 E/067)

WRITTEN QUESTION E-0220/01

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

(5 February 2001)

Subject: Planning of the Daskalovo-Kulata motorway section through the Kresna gorge nature conservation

area in Bulgaria

Referring to the answer given by Mrs Wallstr(cid:246)m to written question E-3147/00 (1) I would like to submit
the following further requests of clarification:

Since the start of the preparations of the feasibility study by the Italian company SPEA Ingegneria Europea
on 9 March 2000, financed within the Phare CBC facility, the public has neither been involved in nor
officially informed by the respective Bulgarian authorities (Ministry of Regional Development and Public
Works (cid:129) MRDPW, and the CBC implementing agency (cid:129) General Road Administration) about plans
concerning the construction of this motorway section. The feasibility study has thus been drawn up and
submitted to the Bulgarian Government and the Commission disregarding the public participation

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procedures as outlined in Articles 6 and 7 of the Aarhus Convention, of which Bulgaria is signatory, and at
variance with the partnership principle which is required for programming and implementation proce-
dures in the framework of the EU(cid:146)s social and economic cohesion policy, and which Bulgaria is supposed
to transpose in view of its accession to the EU.

1.
Is the Commission aware of the serious lack of public participation and information during the
planning procedure for the Daskalovo-Kulata motorway section (part of the Trans-European Corridor No
4)?

2.
How does the Commission under these conditions intend to ensure that the less damaging route for
the environment is used, and that alternative solutions to the one through the Kresna gorge are properly
taken into account and their environmental impact evaluated, given in particular that Bulgaria has not yet
fully transposed the EC requirements on environmental impact assessments, though they are part of the
short-term priorities outlined in the Accession Partnership 1999 with Bulgaria?

Has the Commission officially informed the CBC implementation agency about its concerns as
3.
expressed in its answer to question E-3147/00, which have been the terms of reference for the
implementation of the CBC project E-79 by SPEA, and is the draft feasibility study submitted to the
Bulgarian Government and the European Commission now available for the public and for public
participation?

(1) OJ C 174 E, 19.6.2001, p. 20.

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

(19 April 2001)

1.
The Commission is aware that public participation in the planning procedure of the Sofia-Kulata
motorway has been quite weak. The Commission has expressed its concerns about this project in various
meetings held in recent months with representatives of the Bulgarian authorities and with representatives
of Bulgarian non-governmental organisations (NGOs). During these meetings the Commission has
repeatedly stressed that it will only accept to finance projects under the pre-accession instruments that
comply with the Community environmental acquis. Moreover, the importance of involving the public and
the civil society at a very early stage in such important construction projects has been emphasised.

2.
The Commission has already indicated that it will closely follow the planning of the Struma
motorway, in order to ensure, to the extent possible, that the least damaging route for the environment
is used, and that an alternative solution to the one that is presently planned would be chosen, if necessary.
The Commission has already evaluated a first version of the environmental impact assessment (EIA) for the
Struma Motorway project, and it has indicated that it has to be completed and deepened in order to
comply with standards similar to those included in the EIA Directive (1). The Commission has specifically
indicated that alternative solutions to the one that passes through the Kresna Gorge have to be thoroughly
and seriously studied. The Commission will then evaluate the amended version of the EIA report and
express its opinion on it.

As regards the transposition and the implementation of the EIA Directive in Bulgaria, the Commission has
been informed that the full transposition will be reached with the adoption of the new Environment
Protection Act that is presently in the second reading stage in the National Assembly of Bulgaria. In
particular this Act will address the current gaps in Bulgarian EIA legislation relating to, inter alia, public
participation. Within six months of the adoption of the new Environment Protection Act, the Ministry of
Environment and Water of Bulgaria has to adopt some implementing regulations on procedural issues of
the EIA. Once these regulations are in place, the implementation of the EIA Directive in Bulgaria should be
complete.

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The Commission is following the issues related to the project of the Struma Motorway very closely. It
3.
is in regular contact with the Ministry of Environment and Water, the Ministry of Transport and the Cross-
border co-operation (CBC) implementation agency with regard to this project. Both Ministries and the CBC
implementation agency have been informed of the position of the Commission and of the content of the
answer to written question E-3147/00 by Mr Meijer (2). The Commission plans to officially transmit the
content of the anwer to written question E-3147/00 to both Ministries and to the CBC implementation
agency. Once the EIA report is finalised it will be made public.

(1) 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 (OJ L 73, 14.3.1997).

(2) OJ C 174 E, 19.6.2001, p. 20.

(2001/C 261 E/068)

WRITTEN QUESTION P-0224/01

by Cristina Garc(cid:237)a-Orcoyen Tormo (PPE-DE) to the Council

(1 February 2001)

Subject: Economy class syndrome

There have been frequent media reports concerning what is known as (cid:145)economy class syndrome(cid:146). Yet it
would seem that there are far more deaths from this syndrome than the media reports would suggest.

The syndrome consists of the formation of blood clots in the legs or hips during flights longer than two
hours. Because passengers are immobile, these clots can reach the brain and cause death.

In view of the importance of this issue and the possibility of taking preventive measures to reduce the risk,
will the Council say whether it plans to take any action to ensure that European airlines take preventive
measures to reduce the health risk to travellers posed by economy class syndrome?

Reply

(30 May 2001)

The Council has not received any proposal from the Commission regarding this subject but, upon receipt,
will give it its utmost consideration.

(2001/C 261 E/069)

WRITTEN QUESTION P-0225/01

by Rosemarie M(cid:252)ller (PSE) to the Commission

(29 January 2001)

Subject: Build-up of resistance resulting from excessive use of antibiotics in farming

Recently there have been reports in the media that antibiotics (in particular azoles) which are used on a
large scale in farming can very easily cause a build-up of resistance which could jeopardise the effect of
antibiotics used for treating humans.

Does the accelerated build-up of resistance resulting from the use of antibiotics in farming jeopardise

1.
the effect of antibiotics used for treating humans?

2. Would it be possible to reduce substantially the use of antibiotics in farming?

3.

Does the Commission feel there is a need for legislation in this respect?