WRITTEN QUESTION P-3772/02 by Chris Davies (ELDR) to the Commission. Impact of the Via Baltica on important conservation areas in Poland.
Date: 2002-12-16
Institutions: European Parliament, Provisional data
Subjects: Poland, accession to the European Union, deforestation, environmental impact, environmental protection, impact study, road building

10.7.2003

EN

Official Journal of the European Union

C 161 E/141

(2003/C 161 E/144)

WRITTEN QUESTION P-3772/02

by Chris Davies (ELDR) to the Commission

(16 December 2002)

Subject: Impact of the Via Baltica on important conservation areas in Poland

Further to the Commission’s response to my question E-1968/02 (1) regarding the Biebrza marshes in
Poland, what information has the Commission received in response to its request to the Polish authorities?
If no information has been received, how is the Commission pursuing this matter with the Polish
authorities?

Concerns have also been expressed about the impact of the Via Baltica on two primeval forests at
Augustow and Knysyn. As both these sites would require protection under EC law on Poland’s accession to
the EU, what action is the Commission taking to ensure that the Via Baltica does not cut across these
forests?

(1) OJ C 309 E, 12.12.2002, p. 181.

Answer given by Mrs Wallström on behalf of the Commission

(16 January 2003)

As the Honourable Member is aware from the earlier reply to his Written Question E-1968/02 (1) on this
subject, it is the position of the Commission that all candidate countries should apply and implement the
provisions of the environmental acquis, including 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 (2), hereafter environmental impact assessment (EIA) Directive, and the Birds and Habitats
Directives (3), already during the pre-accession period. This is of particular relevance for large-scale
infrastructure investments such as the Via Baltica.

According to the EIA Directive the construction of an express road (4) 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.

The Biebrzañski National Park and the Augustów and Knyszyn forests are clearly of outstanding natural
value. In addition, it seems more than likely that they will be identified as Natura 2000 sites at accession.
This implies that conservation rules apply in order to protect the value of these sites.

The Commission has written to the Polish authorities regarding the Biebrzañski National Park to draw
their attention to these matters and to seek assurance that the requirements set out in Article 6 of the
Habitats Directive have been applied in this case. The Polish authorities have stated that an initial
prognosis of the environmental impact of the proposed route has been prepared by the two municipalities
concerned. A decision on the conditions for land development and use, determining the location of the
road, has not yet been taken and the Commission understands that there will be a fuller assessment at this
stage. They have undertaken to keep the Commission informed about further developments.

More generally, the Commission is continuing to stress the importance of safeguarding potential Natura
2000 sites from negative impacts of development, most recently in the informal meeting between the
Member of the Commission responsible for the Environment and Environment Ministers of the candidate
countries on 21 January 2003.

(1) OJ C 309 E, 12.12.2002, p. 181.
(2) OJ L 73, 14.3.1997.
(3) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna,
OJ L 206, 22.7.1992, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103,
25.4.1979.

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

Traffic Arteries of 15 November 1975.