WRITTEN QUESTION E-1219/01 by Elisabeth Schroedter (Verts/ALE) to the Commission. New road bridge over the Havel river crosses an area protected under the Habitats Directive.
Date: 2001-04-24
Institutions: European Parliament, Provisional data
Subjects: Brandenburg, complaint to the Commission, motorway, protected area, road building

C 340 E/198

Official Journal of the European Communities

EN

4.12.2001

among other things that the Commission (European Anti-Fraud Office) may, on a case-by-case basis, be
involved in the processing of a case, either on the initiative of Eurojust or at its own request, where the
national members concerned do not oppose such participation (2).

(1) Written Question E-3889/00.
(2) OJ C 243, 24.8.2000, pp. 15 to 20.

(2001/C 340 E/227)

WRITTEN QUESTION E-1219/01

by Elisabeth Schroedter (Verts/ALE) to the Commission

(24 April 2001)

Subject: New road bridge over the Havel river crosses an area protected under the Habitats Directive

The Brandenburg Land government is planning to build a new motorway feeder road from Rathenow to
the A2 motorway through an area listed under the Habitats Directive.

Has the Commission been informed about the violation of the area(cid:146)s protected status by the planning

1.
of this motorway feeder road?

If so, what procedural measures has it asked the Brandenburg Land government to take?

2.
Has the Commission gathered, from its contacts with the Brandenburg Land government, that a more
environmentally acceptable variant is not to be taken into account in the route planning procedure now
pending, presumably because it is politically undesirable?

If so, has the Commission urged that the modified zero option (extension of the existing B102 major road,
possibly including a Brandenburg by-pass) be included?

3.
Is the Commission aware that all the preliminary tests on the environmental acceptability of this
infringement of the area(cid:146)s natural resources have been condemned by local naturalists as unqualified and
defective, because important facts have simply been disregarded or under-valued?

Is the Commission aware that, if local experts had been involved, it would have been possible to

4.
avoid violating the protected area and constructing an artificial corridor for the new road?

What measures is the Commission taking in this connection to ensure that the avoidance principle is
applied?

5.

Are there any plans to employ EU funds to subsidise this road project?

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

(20 June 2001)

The Commission has received a complaint concerning the planned new road bridge and motorway feeder
road in Brandenburg/Germany. According to the complainant, the bridge and the road are being planned
In the view of the
adjacent to the nature conservation reserve (cid:145)Untere Havel S(cid:252)d(cid:146)
complainant, the affected area should be part of a proposed Site of Community Importance (pSCI).
According to the complainant, a certain part of this area, which deserved inclusion in the pSCI was
excluded to enable the project to proceed.

in Brandenburg.

In order to assess the case properly, it is necessary to carry out an in-depth technical assessment of the
information submitted by the complainant. An answer to questions 1 to 4 can be provided after the
assessment will have been completed and final conclusions will have been drawn by the competent
services. Notwithstanding an apparently comprehensive nomination of pSCIs for the Land of Brandenburg,
the Commission will address an information request to the German Government if the assessment shows
that Community law is likely to have been infringed in the current case.

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Official Journal of the European Communities

C 340 E/199

The Commission, in principle, is not involved in the selection and implementation of individual projects.
However, according to the information received from the Member State, no European Regional
Development funding is envisaged for this project.

(2001/C 340 E/228)

WRITTEN QUESTION E-1225/01

by Patricia McKenna (Verts/ALE) to the Commission

Subject: Enlargement of Ferrol harbour (outer harbour)

(26 April 2001)

Is the Commission aware of the fact that Ferrol(cid:146)s planned outer harbour is to be constructed in an
area protected under the Natura 2000 Network?

Is it aware of the complaints made by official bodies, fishermen(cid:146)s associations and NGOs against the plans
for Ferrol(cid:146)s outer harbour which indicate the seriousness of the physical, environmental, social and
employment-related impact of the project and make the point that such a project is not really necessary?

Does it not think that the project should be scrapped and that the EU funding which has been allocated to
it should be withdrawn?

Does it intend to protect the Natura 2000 area without giving way over any of the criteria which it itself
established or over the boundaries of the area, since that would set an extremely serious precedent which
would render Natura 2000 meaningless and seriously jeopardise the integrity of the Natura 2000 network
in Galicia and throughout Spain?

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

(26 June 2001)

The Commission became aware of the situation the Honourable Member is referring to through two
complaints.

It has verified that the area where the project is planned has been proposed by Spain as a site (ES
1110002 (cid:145)Costa Artaba(cid:146)) for inclusion in the Natura 2000 network under Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1). The area contains 28
different habitat types listed in Annex I to the Directive,
including seven priority types. It was also
identified as a site of Community importance for birds (SCI No 5) in the SEO/BirdLife 1998 IBA inventory.
The site is also important as a place of hibernation for certain migratory species of seabirds and waders.

As part of
authorities to ask for their comments on the reported situation and for details of the project.

its examination of the two complaints, the Commission recently contacted the Spanish

At present, the only information the Commission has is that supplied by the complainants. However,
should the Honourable Member be able to send it any further information on the reported project, the
Commission would certainly examine it closely.

The Commission is unable to say at this point whether or not Community law has been infringed, as it has
yet to receive a reply from the Spanish authorities (including the environmental impact assessment). Once
it has that information,
it will examine it to check that the relevant Community legislation is being
observed in this particular instance.

The Commission is not involved in the selection of each individual project co-financed through the
Structural Funds, and has asked the Spanish authorities for additional information in this area.

(1) OJ L 206, 22.7.1992.