WRITTEN QUESTION E-1570/02 by Elisabeth Schroedter (Verts/ALE) to the Commission. Damage to the Elbe conservation area (Saxony-Anhalt) as a result of construction work.
Date: 2002-06-04
Institutions: European Parliament, Provisional data
Subjects: Saxony-Anhalt, application of EU law, dredging, environmental impact, environmental law, environmental protection, inland waterway, inland waterway transport, protected area, transport infrastructure

C 301 E/182

Official Journal of the European Communities

EN

5.12.2002

In 2001, EUR 12,5 million were allocated under the programme to this project. No decision has yet been
taken on the annual allowance for 2002 (EUR 12 million).

The EU contribution is based on participation up to 50 % of the estimated costs. The request from the
Ministry must guarantee that the remaining 50 % is funded by the Greek authorities. When making
payments, the Commission will check that the EU contribution is not more than the authorised 50 % of
the cost of the project and that the overall amount is not exceeded in decisions regarding annual amounts
allocated.

The construction project has also received funds from the European Regional Development Fund (ERDF),
the Cohesion Fund and loans from the European Investment Bank (EIB).

The Egnatia highway project is managed by Egnatia Odos SA, a company owned by the Greek State
(Ministry of the Environment, Planning and Public Works). The company was set up, after negotiation with
the Commission, under Community Support Framework II.

The Commission wishes to inform the Honourable Member that it is already aware of the situation he
reports. In response to a request from the Directorate-General for Energy and Transport, an administrative
inquiry into the matter was instigated on 20 March 2001, with the agreement of the Head of Unit
concerned.

For the duration of the inquiry, any questions on the project in question will be dealt with by the official
responsible for TEN-T projects for Greece, who will report directly to the competent director. The head of
unit mentioned in the question is not, therefore, in charge of managing or monitoring the project.

(1) OJ L 228, 23.9.1995.
(2) OJ L 197, 29.7.1999.

(2002/C 301 E/193)

WRITTEN QUESTION E-1570/02

by Elisabeth Schroedter (Verts/ALE) to the Commission

(4 June 2002)

Subject: Damage to the Elbe conservation area (Saxony-Anhalt) as a result of construction work

The Elbe in Saxony-Anhalt, Germany, constitutes a conservation area because of
its unique water
meadows. Fifty percent of a DEM 4,7 million EU LIFE project to promote the protection of these water
meadows during the period 1998-2002 was funded by the EU. In spite of this, construction work at a total
cost of EUR 200 million is being carried out on the river. This includes what is referred to as maintenance
work (approximately 75 % of the cost) with the aim of increasing the depth of the Elbe’s navigable channel
from 1,40 metres to 1,60 metres and extension work in the area of the Magdeburg Domfelsen (75 %
ERDF-funded) to increase the depth of the channel at Magdeburg to 2 metres.

1.

(a)

Is the Commission aware that, despite objections from environmental authorities and environ-
mental protection associations during the EIA process, the ERDF-funded extension work has now
started and will result in a drop in water level, which will indirectly cause irreversible damage to
the water meadows of the Elbe (conservation status) as a result of dessication?

(b)

If so, what steps has the Commission already taken to prevent this?

2.

(a)

Is the Commission aware that approximately 100 km of the river course in the conservation area
is being deepened as a result of what is referred to as maintenance work on the basis of plans and
authorisations dating from the 1930s, which means that the protected water meadows are being
damaged without an impact assessment having been carried out for the conservation area?

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Official Journal of the European Communities

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(b) Does it believe that this complies with EU environmental legislation? If so, for what reasons? If

not, what measures will it take to prevent damage to the conservation area?

3.

In view of Articles 6 and 7 of Regulation (EC) No 2236/95 (1), does it believe that there is any
justification for the lasting damage and destruction to the conservation area, when the Elbe will only
have a 95 % guaranteed depth of 1,60 metres, although commercial inland navigation requires a depth
of at least 2,30 metres? If so, on what grounds does it believe the ERDF funding is justified?

(1) OJ L 228, 23.9.1995, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(24 July 2002)

1a. and 2a.
The Commission is aware that measures are being taken to artificially control the depth and
current of the river Elbe in Saxony-Anhalt, Germany. Regarding effects on proposed Sites of Community
Interest (SCI) the Commission has received a complaint concerning a section of approximately 20 km from
Wittenberg to Coswig/Wörlitz/Vockerode. The complainant submitted information indicating that the
measures planned for this part of the river would have significant effects on the proposed Site of
Community Interest ‘Dessau-Wörlitzer-Elbauen’ (no DE 4140-304) and that some potentially significant
effects would not be investigated in the context of the impact assessment conducted pursuant Article 6(3)
of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna
and flora (1).

With respect to measures concerning the rest of the river, the Commission is not aware of information
that would indicate an infringement of Community law or in particular of Directive 92/43/EEC.

According to information received from the Saxony-Anhalt authorities, the work the Honourable Member
refers to is not being cofinanced by the European Regional Development Fund.

1b. and 2b.
On the basis of the available information, it cannot be determined whether Community law,
in particular Directive 92/43/EEC, is being infringed. In order to clarify this issue with respect to the
complaint mentioned above, the Commission has requested additional
information from the German
government.

3.
Council Regulation (EC) No 2236/95 of 18 September 1995 lays down general rules for the granting
of Community financial aid in the field of the trans-European networks. It was amended in 1999 by
(Regulation No 1655/1999 of the Parliament and of the Council of 19 July
Parliament and Council
1999 (2)). However, the projects mentioned by the Honourable Member are not cofinanced on the basis of
this Regulation.

(1) OJ L 206, 22.7.1992.
(2) OJ L 197, 29.7.1999.

(2002/C 301 E/194)

WRITTEN QUESTION E-1571/02

by Rolf Linkohr (PSE) to the Commission

(4 June 2002)

Subject: Questions on the Water Framework Directive

Article 9 of the Water Framework Directive 2000/60/EC (1) deals with the ‘recovery of costs for water
services’.

Does the Commission regard the use of hydro-electric power as a water service?