WRITTEN QUESTION P-3678/02 by Dorette Corbey (PSE) to the Commission. German wind farm close to Netherlands border locality of Bellingwolde.
Date: 2002-12-11
Institutions: European Parliament, Provisional data
Subjects: Germany, Netherlands, application of EU law, environmental impact, frontier region, impact study, nuisance, wind energy

C 161 E/132

Official Journal of the European Union

EN

10.7.2003

For the province of Castellón, they reported no exceedance of the limit values laid down by the Directive
for PM10 and lead. The Commission will write to the Spanish authorities asking whether their assessment
of air quality covers the areas close to ceramics production sites. Currently, there is no Community
legislation regulating ambient air concentrations of any other heavy metals.

(1) OJ L 188, 16.7.1984.
(2) OJ L 257, 10.10.1996.
(3) Case C-29/01.

(2003/C 161 E/135)

WRITTEN QUESTION E-3674/02

by Paolo Pastorelli (PPE-DE) to the Commission

(18 December 2002)

Subject: The Foal Levy

The approach of the season for the birth of thoroughbred foals, starting in January 2003, once again raises
the recurring problem of the Foal Levy imposed by the Irish authorities on all European horse-breeders
who want their brood-mares to give birth in Ireland. Since the revenue from the levy is used to fund
measures for the benefit of local breeders at the expense of those from other Union countries, does the
Commission not consider that this practice,
including the exemption for Irish and British breeders,
constitutes a clear and unequivocal infringement of Articles 88 and 89 of the Treaty, by allowing unfair
competition and measures aimed at circumventing the rules of a free market? Can it also provide relevant
documentation to show why such a blatant legislative abuse is allowed and, if so, say what steps it intends
to take to put an end to this practice, which discriminates against breeders residing in other Union
countries?

Answer given by Mr Fischler on behalf of the Commission

(31 January 2003)

The Commission is already investigating the issue raised by the Honourable Member. The Commission has
contacted the Irish authorities on the question in order to get their position on the matter and to collect all
relevant information about the Foal Levy. The information provided by the Irish authorities is currently
being evaluated on the basis of Articles 87-89 and of article 95 of the EC Treaty, in order to identify more
clearly whether further action is needed.

(2003/C 161 E/136)

WRITTEN QUESTION P-3678/02

by Dorette Corbey (PSE) to the Commission

(11 December 2002)

Subject: German wind farm close to Netherlands border locality of Bellingwolde

In October 1998 a number of residents of Bellingwolde (Bellingwedde municipality, Groningen province)
learned of a plan to build a wind farm (Windpark Rhede) 200 metres from the border on German territory
(and about 300 metres from the nearest houses) consisting of 22 wind turbines reaching a total height of
60 to 70 metres, and each with a maximum output of 1,5 MW. Ultimately, in September 2001, 17 wind
turbines, each 135 metres high, and with an output of 1,8 MW, were erected in the ‘Rheder Moor’ (in the
north-west of the Emsland administrative district in the German municipality of Rhede), about 350 metres
from the Netherlands-German border.

For local residents, the wind farm means disruption in the form of noise, cast shade, obstruction of view,
ground vibrations, electro-magnetic disturbance, property devaluation and degradation of living space.

10.7.2003

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Official Journal of the European Union

C 161 E/133

Can the Commission confirm that construction of the wind-turbine farm should have been subjected to an
environmental impact assessment in accordance with Community legislation (Directive 97/11/EC (1)), and
can the Commission confirm that such an assessment was in fact carried out in the case of Windpark
Rhede?

Does the Commission agree, given the location in close proximity to the Netherlands-German border, that
such an environmental impact assessment should also have assessed the project’s cross-border impact, in
particular disruption to cross-border residents, and not have been confined to the territory of the Member
State in which it was to be built? Can it state whether that was carried out correctly, and what action it is
now taking?

Does the Commission consider that Windpark Rhede is causing intolerable disruption to the residents of
Bellingwolde that could have been prevented if Community law had been correctly implemented?

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

Answer given by Mrs Wallström on behalf of the Commission

(16 January 2003)

According to Article 4 (1) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment (1), as amended by Directive 97/11/EEC of
3 March 1997, projects listed in Annex I of the Directive have to be made subject to an Environmental
Impact Assessment (EIA). According to Article 4(2) of the Directive, projects listed in Annex II only have to
be made subject to an EIA where Member States, through a case-by-case examination or on the basis of
national thresholds or criteria, determine that their circumstances characteristics so require. According to
Article 4(3) and Annex III of the amended EIA Directive, the relevant selection criteria should include, inter
alia, the characteristics of the project, its location, and its potential impact, including the transfrontier
nature of the impact. The latter shows that, in case an EIA has to be carried out, possible transfrontier
effects of a project have to be taken into consideration. Article 7 of the amended EIA-Directive even
provides for transboundary consultations and transboundary public participation where a project is likely
to have significant negative effects on the environment in another Member State or where a Member State
likely to be significantly affected so requests.

Wind farms (‘installations for the harnessing of wind power for energy production’) are listed in Annex II
in
point 3 (i) of the amended EIA-Directive. Consequently, it is for the Member States to determine,
accordance with the selection criteria listed in Annex III of the Directive, whether and in which cases the
construction of wind energy plants has to be made subject to an EIA.

The Environment Directorate-General received a complaint letter from a Dutch citizen concerning the
same issue on 3 December 2002.

At this point in time, the Commission does not have sufficient information to decide whether or not
Germany has correctly applied the requirements of the EIA-Directive in the case at hand. The Commission
does not even know whether or not an EIA was carried out before the wind energy plants were authorised
and constructed. The Commission will therefore ask the German Government to provide more detailed
information on the case.

(1) OJ L 175, 5.7.1985.

(2003/C 161 E/137)

WRITTEN QUESTION E-3735/02

by Caroline Lucas (Verts/ALE) to the Commission

(19 December 2002)

Subject: Quotas and the survival of the Caribbean banana industry

In June 2002 the ACP Council of Ministers meeting sent a resolution to the European Parliament, Council
and Commission which drew attention to the fact that the new banana regime had ‘resulted in prices