WRITTEN QUESTION E-1084/02 by Bart Staes (Verts/ALE) to the Commission. Restarting of work on the Deurganck dock and compensatory measures announced by the Flemish authorities.
Date: 2002-04-18
Institutions: European Parliament, Provisional data
Subjects: EC Directive, Flemish Community, application of EU law, biotope, environmental impact, harbour installation, project evaluation

17.4.2003

EN

Official Journal of the European Union

C 92 E/37

(cid:1) increased use of European transit facilities to support the return of criminal/inadmissible aliens from

the United States to Europe or the Country of origin;

(cid:1) co-ordination United States-Union co-operation projects in the area of border security;

(cid:1) encourage adherence by other States to the International Civil Aviation Organisation (ICAO) standards

in passport/visa issuance;

(cid:1) immediate information of United States and other key partners when a breach/theft of passport/visa

security is detected;

(cid:1) co-ordination of false document training;

(cid:1) improve co-operation in removals of status violators/criminals/inadmissibles.

Pursuant to the Union Action Plan, the Commission adopted on 5 December 2001 a Working Document
on ‘The relationship between safeguarding internal security and complying with international protection
obligations and instruments’.

The aforementioned Council Conclusions also set out that in the general framework of the Union’s police
and judicial co-operation with the United States, the Council authorised the Presidency to negotiate an
agreement on judicial co-operation in criminal matters, including terrorism, on the basis of Articles 24 and
38 of the Treaty on the European Union.

The negotiating mandate covers in particular, extradition, including the temporary surrender for trials and
mutual legal assistance including exchange of data, the setting up of joint investigation teams, the giving of
evidence (via video conference) and the establishment of single contact points.

As regards extradition, the Union will make any agreement on extradition conditional on the provision of
guarantees on the non-imposition of capital punishment sentences, and the securing of existing levels of
constitutional guarantees with regards to life sentences.

Already all 15 Member States have bilateral extradition agreements with the United States.

The future agreement should in all cases safeguard the efficiency of the existing bilateral agreements
between the Member States and the United States.

The level of protection of human rights as defined by the European Convention of Human Rights and
confirmed by the Union Charter of Fundamental Rights will certainly be used as reference for fixing the
position of the Union and of the Commission.

Negotiations will be led by the Presidency assisted by the Commission. The Presidency will report to the
Council on progress made after each negotiation meeting with the United States.

(1) OJ L 344, 28.12.2001.

(2003/C 92 E/040)

WRITTEN QUESTION E-1084/02

by Bart Staes (Verts/ALE) to the Commission

(18 April 2002)

Subject: Restarting of work on the Deurganck dock and compensatory measures announced by the Flemish

authorities

On 14 December 2001 the Flemish Parliament adopted a decree declaring that the works, operations and
facilities required to construct the Deurganck dock on the left bank of the Scheldt and bring it into
operation were of urgent general and strategic interest (Belgian Official Journal, 20 December 2001).

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Official Journal of the European Union

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17.4.2003

In accordance with Article 6(2),
compensatory measures have been taken:

(3) and (4) of

the Habitats Directive 92/43/EEC (1),

the following

(a) area for meadow birds located in an area of controlled flooding in the Kruibeke-Bazel-Rupelmonde

zone;

(b) Paardenschor salt marsh;

(c)

creek at the level of Paardenschor;

(d)

freshwater creek in the buffer zone (Zuid-West B);

(e) Drydijck pool including an environmental buffer zone;

(f)

areas for meadow birds in ‘Doelpolder noord’ (V) and in the temporary meadow birds area ‘Putten
West’ (ZTA);

(g)

improvement of the environmental quality of polders in plots belonging to the Flemish government;

(h)

temporary and permanent management of lakes in ‘Putten Plas’ and other lakes in Z2;

(i)

temporary installation of ‘Zwijnrecht’, ‘ex-Doeldok’ and ‘Z2’ discharge areas.

Article 4 of the decree states that the Flemish government must ensure the proper application of the EIR
Directive 85/337/EEC (2), Articles 3 and 4 of the Birds Directive 79/409/EEC (3) and Articles 6(2) to (4) of
the Habitats Directive 92/43/EEC, before granting the necessary building permits.

In accordance with Articles 3 and 4 of the Birds Directive 79/409/EEC and Article 6(4) of the Habitats
Directive 92/43/EEC, applicants for urban planning permission are also required to take all the necessary
steps to ensure that compensatory measures are carried out and to guarantee that the general environment
of Natura 2000 is maintained.

On 29 March 2002 the Flemish Parliament confirmed the planning permissions granted by the Flemish
government on 18 March 2002 pursuant to the Decree of 14 December 2001.

Can the European Commission say whether or not it considers that the Flemish government has satisfied
the requirements of European legislation in this matter? Do the compensatory measures described above
meet the requirements of the Habitats Directive?

If not, can the Commission say what steps must be taken to meet the conditions imposed by the European
Union?

(1) OJ L 206, 22.7.1992, p. 7.
(2) OJ L 175, 5.7.1985, p. 40.
(3) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(4 June 2002)

The Commission has been informed about the facts raised by the Honourable Member during a meeting
with the Flemish regional authorities on 26 October 2001 and from documentation it received from the
Flemish regional authorities after this meeting.

The Commission notes that the compensation programme mentioned by the Honourable Member is
related to its investigation that started after complaints were received concerning the building of two docks
in the Special Protection Area (SPA) ‘Schorren en Polders van de Beneden-Schelde’, the ‘Verrebroeck’-dock
and the ‘Deurganck’-dock.

The Commission has been informed by the Flemish authorities about the adoption on 14 December 2001
of a decree declaring that the works, operations and facilities required to construct the Deurganck dock on
the left bank of the Scheldt and bring it into operation were of urgent general and strategic interest.

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Official Journal of the European Union

C 92 E/39

The Commission has learned from the electronic press service of the Flemish Community that building
permits were given on 18 March 2002 to continue the construction of the ‘Deurganck’-dock pursuant to
the Decree adopted on 14 December 2001.

The Commission holds the view that for public works which have to be realised for imperative reasons of
public interest, which have a negative effect on a Natura 2000 site and for which no alternative can be
found, it is required to take all the necessary steps to ensure that compensatory measures are carried in
order to guarantee that the overall coherence of Natura 2000 is maintained.

The Commission wishes to point out that the compensation measures proposed by the Flemish authorities
and mentioned by the Honourable Member are in the planning or concept stage, as are other
compensation measures already proposed before in relation to the same cases. On the whole, none of
these compensation measures have been yet realised and to the present day, the Commission has not
received any information regarding the starting of works to realise any of them.

(2003/C 92 E/041)

WRITTEN QUESTION E-1085/02

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(18 April 2002)

Subject: Funding of Community support framework programmes in Greece

According to information published in the Greek press, the Greek Government has asked the Commission
to accelerate funding (potentially in excess of the original stipulations on this point in Regulation (EC)
1260/1999 (1) on the Structural Funds) of the CSF operational programmes, which it believes can advance
more quickly in the future, in compensation for the non-funding of other programmes which are not
sufficiently ready.

1.

2.

Is this information true?

How does the Commission intend to respond to the Greek Government’s request?

(1) OJ L 161, 26.6.1999, p. 1.

Supplementary answer
given by Mr Barnier on behalf of the Commission

(3 July 2002)

Earlier this year, the Greek authorities requested changes in the financial profiles of four operational
programmes under the Community support framework for Greece during the 2000-2006 period, with a
view to facilitating the financing of transport infrastructures linked to the Olympic Games in 2004.

The Commission is aware of the importance of the Olympic Games for Greece and for the Union as a
whole. It is current working closely with the Greek authorities as a matter of priority in order to determine
the feasibility of a shift of funds from other projects to infrastructures linked to the Olympic Games, and
the practical means by which this may be brought about in the context of the regulations governing the
Structural Funds and Cohesion Fund.

(2003/C 92 E/042)

WRITTEN QUESTION E-1099/02

by Alexandros Alavanos (GUE/NGL) to the Commission

(18 April 2002)

Subject: Tax rebate and judgment of the Court of Justice in case C-249/00

Following the judgment of the Court of Justice of 2 August 2001 in case C-249/00, Greeks who have
worked abroad, Greek seafarers and Greeks resident abroad will no longer be able to benefit from a
reduced rate of tax on the transfer of property where the property is purchased with foreign currency.