WRITTEN QUESTION E-2247/02 by Alexander de Roo (Verts/ALE) to the Commission. Compliance of EU-funded infrastructure projects with the provisions of EC environmental legislation — the case of the D8 motorway project in the Czech Republic.
Date: 2002-07-23
Institutions: European Parliament, Provisional data
Subjects: Czechia, EIB loan, accession to the European Union, application of EU law, environmental impact, environmental law, project evaluation, protected area, road building

C 28 E/208

Official Journal of the European Union

EN

6.2.2003

The Commission recently sent a letter to the Spanish authorities asking them to adopt and notify measures
to prevent the motorway construction operations disturbing the feeding grounds for the imperial eagle, a
seriously endangered species.

(1) OJ L 206, 22.7.1992.

(2003/C 28 E/238)

WRITTEN QUESTION E-2247/02

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

(23 July 2002)

Subject: Compliance of EU-funded infrastructure projects with the provisions of EC environmental

legislation (cid:1) the case of the D8 motorway project in the Czech Republic

The D8 motorway is part of the Berlin-Istanbul IV European multi-modal transport corridor. Two sections
of the motorway part of the Czech side are yet to be built. For the section across Ceske Stredohori
Protected Landscape Area (part of EECONET) the Czech authorities contracted an EIB loan in November
2001. The second section is planned across the SPA (Special Protection Area) for birds in the Eastern
Krusne Hory mountains. Both areas are potential sites for inclusion in the Natura 2000 network.

As regards the section across Ceske Stredohori an EIA was carried out in 1996. However only one option
was assessed, though this practice contradicts the provisions of the EIA Act of the Czech Republic. This
was confirmed by the Legislative Commission of the Czech Minister of Environment in March 1999,
which (cid:1) following a complaint by environment NGOs (cid:1) stated that ‘the decision contained formal and
procedural errors, therefore it can not be considered as a decision according to the EIA Act’. The contract
with the EIB for the above loan was signed in November 2001.

Is the Commission aware of the alleged procedural errors committed during the EIA of the D8 motorway
project section across Ceske Stredohori?

How does the Commission ensure the compliance of EIA loans’ concessions and pre-accession funding
with the environment acquis already adopted and implemented in the candidate countries?

How does the Commission, in the framework of the EU’s pre-accession strategy, ensure the compatibility
between the objective of establishing in due time the Natura 2000 sites in the future member states on the
one hand and the implementation of transport infrastructure projects, such as this D8 motorway project,
on the other?

Answer given by Mrs Wallström on behalf of the Commission

(11 September 2002)

The section of the D8 motorway across Ceske Sredohori, the so-called section 0805, is being financed by
the European Investment Bank (EIB). Information from the EIB confirmed that the Enviromental Impact
Assessment (EIA) procedures for section 0805 were undertaken in accordance with existing Czech laws
and that the Czech Ministry of Environment imposed the necessary conditions and mitigation measures to
minimise impacts on the Protected Landscape Area. If there is now evidence that national law has been
violated, it might be possible to take the case to the competent national courts. The Commission has no
competence to intervene in such national cases during the pre-accession period.

The Commission has always insisted on the need to apply Community legislation, in particular the EIA
Directive (1) as well as nature protection legislation, to the development of new infrastructure projects
during the pre-accession period. This should apply not only to projects co-financed through Community
pre-accession funds but to any new investment, including of course those benefiting from EIB loans. In this
respect, the Commission has, in the context of the consultation procedure regulated by Article 21 of the
EIB’s Statute, systematically reminded the Bank the need to ensure that procedures concerning EIA and
nature protection are in line with relevant Community legislation for the projects they finance.

6.2.2003

EN

Official Journal of the European Union

C 28 E/209

The candidate countries are currently working on the transposition and implementation of the Habitats
and Birds Directives (2) including the selection of sites to be proposed for inclusion in the list of Natura
2000 sites.

As long as no lists of such sites have been identified by the candidate countries, the Commission considers
that when considering projects for Community assistance, the following types of sites should be regarded
as ‘environmentally sensitive areas’ in the field of nature protection:

(a)

sites listed in the latest inventory on Important Bird Areas for candidate countries (IBA 2000, prepared
by Birdlife International) and (if available) equivalent more detailed scientific inventories endorsed by
national authorities;

(b) wetlands of international importance designated under the Ramsar Convention or qualifying for such

protection;

(c) areas to which the Bern Convention on the conservation of European Wildlife and Natural Habitats

(Article 4) applies, in particular sites meeting the criteria of the Emerald network;

(d) areas protected under national nature conservation legislation.

In case any of these sites are likely to be affected significantly by any plan or project to be financed by pre-
accession funding, similar procedures as foreseen in Article 6(3) and (4) of the Habitats Directive would
need to be applied in order to ensure appropriate treatment of such cases in line with the Community
environmental protection standards.

(1) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of

certain public and private projects on the environment, OJ L 73, 14.3.1997.

(2) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,
OJ L 206, 22.7.1992, and Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds;
OJ L 103, 25.4.1979.

(2003/C 28 E/239)

WRITTEN QUESTION E-2251/02

by Ria Oomen-Ruijten (PPE-DE) to the Commission

(23 July 2002)

Subject: Whiplash injury

In its answer to my written question E-1452/02 (1), on whiplash injury, the Commission states that two
projects on this subject were included in the fourth and fifth framework programmes. However, the
Commission neglects to give a concrete answer to my question, which I therefore submit again.

The fifth five-year framework programme has now been completed. When can we expect results, practical
measures and new rules designed to prevent whiplash injury?

(1) OJ C 277 E, 14.11.2002.

Answer given by Mr Liikanen on behalf of the Commission

(3 September 2002)

In its two previous answers to the Honourable Member’s Written Questions E-0310/02 (1) and E-1452/
02 (2), the Commission informed the Honourable Member that an important research programme focusing
on the issue of whiplash injuries was currently in progress.