WRITTEN QUESTION P-3414/02 by Torben Lund (PSE) to the Commission. Compliance of EU funding in Poland with EU legislation.
Date: 2002-11-25
Institutions: European Parliament, Provisional data
Subjects: EU financing, Poland, accession to the European Union, application of EU law, environmental impact, environmental protection, impact study, road transport, transport infrastructure

C 155 E/150

Official Journal of the European Union

EN

3.7.2003

Does the Commission believe that there has been a dereliction of duty on the part of some authority or
body responsible for inspecting and checking vessels of this kind?

Answer given by Mrs de Palacio on behalf of the Commission

(16 January 2003)

As the Honourable Member indicates, the loss of the Bahamian-flagged oil tanker Prestige off the Galician
coast triggered a major ecological disaster.

On 13 November 2002, the Prestige, caught in a storm while sailing from Latvia to Singapore, radioed for
help after a large breach opened in its starboard hull. The crew members reported the ship to be listing
following what they described as a loud noise, as if it had hit a floating object. At this stage,
it is
nonetheless hard to be certain about the precise cause of the accident.

The Prestige’s last inspection under the port State control rules appears to have been in September 1999 in
Rotterdam. It revealed minor anomalies, which were put right before the ship set sail.

After this, the Prestige barely called in at Union ports, with the exception of Kalamata and Gibraltar during
its last voyage to the Baltic. It also called into port in Latvia and Russia, though no further inspections
were performed on those occasions, either under the Paris Memorandum or pursuant to Directive 95/21/
EC on port State control (1).

The Commission has written to the competent authorities of these various States for information on the
lack of inspections during the ship’s recent calls into ports under their jurisdiction.

In any event, in its communication of 3 December 2002 the Commission reminded the Member States of
their inspection obligations. It asked them to recruit enough inspectors to check at least 25 % of ships, as
required by current European rules. It also requested them to achieve a sufficient level of inspection in all
their ports and anchorage areas to prevent them becoming ‘ports of convenience’. It will be presenting
proposals in this respect.

The Commission also intends to remain particularly vigilant regarding the 25 % level. Two proceedings are
already under way, against France and Ireland, for repeated failure to observe Community obligations in
this area.

(1) Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community
ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship
safety, pollution prevention and shipboard living and working conditions (port State control) (cid:1) OJ L 157,
7.7.1995.

(2003/C 155 E/167)

WRITTEN QUESTION P-3414/02

by Torben Lund (PSE) to the Commission

(25 November 2002)

Subject: Compliance of EU funding in Poland with EU legislation

The Commission has stated that it considers that Poland should, for all its transport infrastructure projects,
comply with EU environmental legislation, including the Habitats and Birds Directives, and ensure that a
proper environmental impact assessment is carried out in line with requirements of Directive 97/11/EC (1).

What action is the Commission taking to ensure that the development of the ‘Via Baltica’ is fully consistent
with EU environmental directives, and a proper environmental assessment is carried out (in line with the
requirements of Directive 97/11/EC)?

3.7.2003

EN

Official Journal of the European Union

C 155 E/151

Is the European Commission providing any financial support to the development of the ‘Via Baltica’
transport corridor in Poland or has it been approached to provide any such support?

(1) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(7 January 2003)

In order to minimise the effect of transport projects such as the via Baltica the Commission urges the
Candidate Countries to apply Community environmental legislation including Council Directive 97/11/EC
of 3 March 1997 amending Directive 85/337/EC on the assessment of the effects of certain public and
private projects on the environment, (environmental impact assessment (EIA) Directive) and the Birds (1)
and Habitats (2) Directives, already during the current pre-accession period. The Commission regularly
requests the Candidate Countries to apply and implement the acquis during the pre-accession period, in
particular with regard to possible sites in the Natura 2000 network, which will be extended towards the
new Member States after accession.

According to the EIA Directive the construction of an express road (3) falls under Annex I point 7 point b.
In this case Article 4 paragraph 1 applies and provides that projects listed in Annex I should be made
subject to an assessment in accordance with the procedures of Articles 5 to 10. Therefore, a mandatory
EIA must be carried out.

According to Article 6 of the Habitats directive, investments that are likely to have a significant effect on a
Natura 2000 site need to be subject to an appropriate assessment of their implications. If there are
negative implications, the investment can only be allowed in the absence of alternative solutions and for
imperative reasons of overriding public interest.

In cases where Union pre-accession funding is involved, the Commission would like to assure the
Honourable Member that for such large infrastructure developments ‘similar standards’ as set by Union
environmental legislation need to be applied before any Commission funding is given to the Candidate
Countries. This involves the application of directive 97/11/EC on environmental impact assessment in
order to ensure that for such big projects the environmental implications are taken into consideration. In
addition, the applicant country will also have to investigate whether environmentally sensitive areas are
affected which might fall in future under the protection of the Habitats or the Birds Directives.

In June 2002, an ISPA application was received for adding an additional traffic lane on the section
Radzymin-Wyszkow and for the building of the Wyszkow by-pass on the Via Baltica. At the time being,
the Commission has not taken any funding decision on this project. Additional information from the
Polish authorities concerning potential impacts on this proposal on potential future Natura 2000 areas is
pending.

(1) Council Directive 79/409/EE of 2 April 1979 on the conservation of wild birds (cid:1) OJ L 103, 25.4.1979.
(2) Council Directive 92/43/EE of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (cid:1)

OJ L 206, 22.7.1992.

(3) Express roads means a road that complies with the definition in the European Agreement of Main International

Traffic Arteries of 15 November 1975.

(2003/C 155 E/168)

WRITTEN QUESTION E-3417/02

by María Sornosa Martínez (PSE)
and Bárbara Dührkop Dührkop (PSE) to the Commission

(2 December 2002)

Subject: Impact on the Natura 2000 network of extending San Sebastián airport

In its answer to Question E-1701/02 (1) the Commission said it would be investigating the possible adverse
effects of work for the extension of San Sebastián airport on the Natura 2000 network, specifically on Site
of Community Importance SCI ES-2120015 (Terrazas y Marismas del Bidasoa) and Important Bird Area
IBA 37 (Estuario del Bidasoa (cid:1) Txingudi).