WRITTEN QUESTION E-0496/01 by Alexander de Roo (Verts/ALE) to the Commission. Adverse impact of the Iron Rhine on German nature reserves.
Date: 2001-02-22
Institutions: European Parliament, Provisional data
Subjects: Germany, cross-border transport, environmental impact, nature reserve, protected area, rail transport

13.11.2001

EN

Official Journal of the European Communities

C 318 E/67

(2001/C 318 E/068)

WRITTEN QUESTION E-0496/01

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

(22 February 2001)

Subject: Adverse impact of the (cid:145)Iron Rhine(cid:146) on German nature reserves

The reopening of the historical (cid:145)Iron Rhine(cid:146) rail line running through the De Meinweg National Park will, if
it goes ahead, have an adverse impact on the natural environment just over the border in Germany, in an
area designated by the German Government as coming under directives on habitats and the protection of
birds. The proposed alternative routes to the north and south of De Meinweg (alternatives A1 and A2)
spare the (Netherlands) nature reserve to some extent, but, on German territory, cut
through the
Natura 2000 area Forst Meinweg and the bird protection area (cid:145)Schwalm Nette Platte mit Grenzwald und
Meinweg(cid:146) (DE 4603-401).

If the historical line is possibly to be used again in Germany, is it not necessary that an (independent) study
be undertaken by the German authorities into the possible consequences for the natural heritage in Forst
Meinweg and the bird protection area (cid:145)Schwalm Nette Platte mit Grenzwald und Meinweg(cid:146)?

To what extent is a transboundary impact assessment needed (pursuant to Directive 97/11/E (1)1 amending
Directive 85/337/EE (2)2 on the assessment of the effects of certain public and private projects on the
environment), in order to enable the possible adverse effects on German territory to be assessed?

(1) OJ L 73, 14.3.1997, p. 5.
(2) OJ L 175, 5.7.1985, p. 40.

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

(30 May 2001)

The site (cid:145)Schwalm-Nette-Platte mit Grenzwald und Meinweg(cid:146) has been notified to the Commission by
Germany as a Special Protection Area (SPA) under Article 4 (1) of Council Directive 79/409/EEC of 2 April
1979 on the conservation of wild birds (1) (hereafter (cid:145)Wild Birds Directive(cid:146)). In addition, a part of this SPA
situated in the Forst Meinweg has recently been designated as a proposed Site of Community Importance
according to Article 4 (1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora (2)
(hereafter (cid:145)Habitats Directive(cid:146)) under the name (cid:145)Meinweg mit
Ritzroder D(cid:252)nen(cid:146).

The protection regime foreseen in Articles 6 (2) to (4) of the Habitats Directive applies to both Special
Protection Areas designated under the Wild Birds Directive and Sites of Community Importance proposed
under the Habitats Directive. According to Article 6 (3) of the Habitats Directive, any plan or project not
directly connected with or necessary to the management of the site, but likely to have a significant effect
thereon, shall be subject to appropriate assessment of its implications for the site in view of the site(cid:146)s
conservation objectives. The Habitats Directive does not define the way in which these implications are to
be assessed, but merely states that the assessment must be appropriate.

The Commission notes that the reopening of the (cid:145)Iron Rhine(cid:146) is currently under consideration, but that no
decision has been taken yet. If a decision to reopen the line leading through the site (cid:145)Schwalm-Nette-Platte
mit Grenzwald und Meinweg(cid:146) were to be taken, this project would have to be made subject to a prior
appropriate assessment of its implications with a view to the conservation objectives of that site, provided
the project was likely to have significant effects thereon.

According to Annex I para. 7 a), Article 4 (1) of Council Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environment (hereafter (cid:145)EIA Directive(cid:146)), as amended by
Council Directive 97/11/EC of 3 March 1997 (3), the construction of lines for long-distances railway traffic
must be made subject to an assessment of its environmental impacts. With. respect to a change of projects
listed in Annex I of the EIA Directive, Annex II para. 13, Article 4 (2) of the EIA Directive provides that
the Member States must determine through either a case-by-case examination or by thresholds or
criteria set by the Member State, whether the project must be made subject to an impact assessment.

C 318 E/68

Official Journal of the European Communities

EN

13.11.2001

Article 7 of the EIA Directive obliges Member States, which are aware that a project is likely to have
significant effects on the environment in another Member State, to inform this other Member State of the
project. The latter may ask to participate in the environmental
impact assessment procedure of the
Member State in whose territory the project is intended to be carried out. The Member States concerned
are required to enter into consultations regarding the potential transboundary effects of the projects and
measures envisaged to reduce or eliminate such effects.

Since it seems that the (cid:145)Iron Rhine(cid:146) can only be reopened if all Member States through which it crosses
agree to the reopening, the project will not only be carried out in one Member State. Therefore, each
Member State concerned has the possibility to assess and take account of the impacts of the project on its
territory in the framework of
It is only if there were additional
transboundary effects, which the Commission cannot envisage at this stage, that the procedure under
Article 7 of the EIA Directive would seem to be relevant in this context.

its own administrative procedure.

(1) OJ L 103, 25.4.1979.
(2) OJ L 206, 22.7.1992.
(3) OJ L 73, 14.3.1997.

(2001/C 318 E/069)

WRITTEN QUESTION E-0500/01

by Chris Davies (ELDR) to the Commission

(22 February 2001)

Subject: Dumping of munitions and radioactive waste in EU waters

The Commission will be aware that hundreds of thousands of tonnes of munitions,
including shells,
bombs, landmines, grenades and phosphorous flares, were dumped by the UK Government prior to 1973
in the Irish Sea, at Beaufort(cid:146)s Dyke off the south-west of Scotland, and that low level radioactive waste was
also dumped in the Irish Sea during the 1950s and 1960s.

Is the Commission aware of other instances of dumping of munitions and radioactive waste in EU waters,
and, if so, of what materials, at what locations, and by whom?

What, if any, action is the Commission taking to ensure that such materials can cause no harm to human
or aquatic life?

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

(11 May 2001)

As confirmed in the reply to Written Questions E-4005/97 by Mr Macartney (1) and P-2495/97 by
Mrs McKenna (2), the Commission is aware of past dumping of radioactive waste at Beaufort(cid:146)s Dyke and
a number of other locations.

Between 1950 and 1963, low-level radioactive waste was also dumped in the English Channel by Belgium
and the United Kingdom, other disposal sites in the North East Atlantic were used until 1982. All sites are
(cid:145)The radiological exposure of the population of the
listed in a report published by the Commission:
European Community from radioactivity in North European marine waters, project (cid:147)Mar(cid:237)na(cid:148)(cid:146) (Radiation
Protection 47, 1990).

The Commission has no additional information on the dumping of munitions.

The Mar(cid:237)na study is now being updated. A comprehensive assessment will be made of the radiation
exposure resulting from dumped solid materials and radioactive effluent discharged in North European
marine waters. This will constitute an important basis for the achievement of the strategy on radioactive
substances under the Oslo-Paris (OSPAR) Convention, agreed at the Ministerial Meeting in Sintra in 1998.