WRITTEN QUESTION P-2722/01 by Yves Butel (EDD) to the Commission. Natura 2000 — Habitats Directive — France — rescission by court decision of the forwarding of lists of areas in France — impact on biogeographical seminars.
Date: 2001-09-26
Institutions: European Parliament, Provisional data
Subjects: EC Directive, EU programme, France, eligibility criteria, national law, protection of animal life, protection of plant life

C 81 E/204

Official Journal of the European Communities

EN

4.4.2002

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

(19 October 2001)

According to information sent to the Commission, the Council of State(cid:146)s judgment of 27 September 1999
rescinded the notification of 534 sites proposed to the Commission for the Natura 2000 network by the
French authorities, on the grounds that the statutory consultation procedure had not been followed
properly. As yet, the Commission has received no official communication from the French authorities
regarding the situation.

It would therefore seem premature at this stage for the Commission to comment on the consequences the
aforementioned decision of the Council of State might have on the commitment of LIFE funds for any sites
affected by the rescission.

(2002/C 81 E/244)

WRITTEN QUESTION P-2722/01

by Yves Butel (EDD) to the Commission

(26 September 2001)

Subject: Natura 2000 (cid:129) Habitats Directive (cid:129) France (cid:129) rescission by court decision of the forwarding of

lists of areas in France (cid:129) impact on biogeographical seminars

In France, the Council of State rescinded by a judgment of 27 September 1999 (case No 194648) the first
notification decisions by means of which the Minister of
the Environment had forwarded to the
Commission lists relating to 534 areas eligible for inclusion in the Natura 2000 network (decisions of
16 October, 3 December and 9 December 1997).

The Council of State has just, for the second time, penalised the Minister of Regional Development and the
Environment, by judgment of 22 June 2001 (case No 219995) because, despite his claims, he was unable
to prove that he had genuinely completed the whole of the consultation procedure required by French law
before information is forwarded to the European authorities.

The fresh decisions to forward information to the Commission have thus again been rescinded in the case
of the 534 areas in question.

The Minister of Regional Development and the Environment is now compelled to restart the local
consultation procedure from the very beginning before again forwarding any information about the main
areas in France.

What action will the Commission take in response to this decision by the French supreme court as regards
the progress of the European procedure, particularly the holding and conclusions of biogeographical
seminars?

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

(19 October 2001)

According to information sent to the Commission, the Council of State(cid:146)s judgment of 27 September 1999
rescinded the notification of 534 sites proposed to the Commission for the Natura 2000 network by the
French authorities, on the grounds that the statutory consultation procedure had not been followed
properly. As yet, the Commission has received no official communication from the French authorities
regarding the situation.

At this stage, it would seem necessary to await the outcome of the new round of consultation on the list of
sites before commenting on the consequences of the Council of State(cid:146)s decision, particularly for the
holding and conclusions of biogeographical seminars.

4.4.2002

EN

Official Journal of the European Communities

C 81 E/205

Any substantial withdrawal of sites proposed by a Member State for the Natura 2000 network must be
justified in terms both of the eligibility of those sites according to the scientific criteria of Annex III to
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna
and flora (1). and of an analysis of the representation of the habitat types and habitats of species of
Community interest found in the sites. Should such withdrawal result in any habitat types or habitats of a
species of Community interest being insufficiently represented, the Member State will have to propose new
sites to make good the shortfalls revealed at the biogeographical seminars.

(1) OJ L 206, 22.7.1992.

(2002/C 81 E/245)

WRITTEN QUESTION E-2734/01

by Erik Meijer (GUE/NGL) to the Commission

(5 October 2001)

Subject: Delay in introducing requirement to eliminate the blind spot in truck drivers(cid:146) field of vision

1.
Is the Commission aware that, particularly in densely populated areas where there are many cyclists
and pedestrians, numerous accidents occur because, when taking bends, a blind spot in the field of vision
of their exterior mirrors makes truck drivers insufficiently able to see whether they are running over
nearby people and objects?

Is the Commission aware that convex exterior mirrors are now available which enable truck drivers

2.
to see those parts of their surroundings which were previously invisible to them?

Can the Commission confirm that a quarter of all trucks have now been fitted with such mirrors on

3.
a voluntary basis but that it seems unlikely that the remainder will be fitted with them voluntarily?

Are national authorities being prevented by EU rules from making it compulsory to fit trucks with

4.
such mirrors in the near future?

If the answer to (4) is negative, which Member States are failing to exercise their right as national

5.
authorities to make the fitting of such mirrors compulsory?

6.
If the answer to (4) is affirmative, how will the Commission help to ensure that the new mirrors
become compulsory as soon as possible by immediately creating scope for the introduction of national
rules or by facilitating the prompt introduction of European rules?

Answer given by Mr Liikanen on behalf of the Commission

(26 November 2001)

A number of accidents happen when vehicle drivers fail to detect pedestrians and other road users in one
of the blind spots, which exist in the area immediately around their vehicles. In the case of larger vehicles,
especially trucks, these accidents frequently lead to serious injuries or even fatalities.

industry and other
The Commission is aware of this problem and is discussing with Member States,
interested parties the possibilities to reduce the risk by requiring the installation of rear-view mirrors with
specific arrangements to reduce the blind-spots around vehicles.

in its Motor Vehicle Working Group the Commission has therefore
Following general agreement
established an expert ad-hoc group to modify the said directive. In three meetings in May, July and
September 2001 the group prepared a document, which proposes significant improvements to the existing
the technical development since the last amendment (1) of Council
situation taking into account
Directive 71/127/EEC of 1 March 1971 on the approximation of the laws of the Member States relating
to the rear-view mirrors of motor vehicles (2).