WRITTEN QUESTION E-1358/03 by Geoffrey Van Orden (PPE-DE) to the Commission. The Via Baltica road project in Poland.
Date: 2003-04-10
Institutions: European Parliament, Provisional data
Subjects: Community acquis, EU financing, Poland, environmental impact, environmental law, environmental protection, impact study, motorway

C 33 E/92

Official Journal of the European Union

EN

6.2.2004

(2004/C 33 E/088)

WRITTEN QUESTION E-1032/03

by Caroline Lucas (Verts/ALE) to the Commission

(28 March 2003)

Subject: Via Baltica

As part of Poland’s National Development Plan, which was submitted to the European Commission in
January, the Via Baltica motorway is intended to form the first part of a planned European-wide transport
corridor and will require co-financing from the European Union. The road proposals threaten an area of
significant environmental
importance, the Biebrza marshes, as well as two unique natural forests. As
Poland’s largest national park and home to wolves, elks and many threatened bird species, the Biebrza area
of wetland is of such conservation value that it fulfils the criteria for protection under the Habitats and
Birds Directives when Poland accedes to the EU. The proposals are contrary to both EU and Polish
environmental legislation and may pose a serious threat to wildlife in Poland.

In light of this, does the Commission intend to fund the construction and, if so, will it ensure that the
project is both fully consistent with the requirements of EU environmental directives and that any EU
funds received are used in a way that is compatible with the EC environmental acquis?

Furthermore, does the Commission intend to explore and promote alternatives in answering Poland’s
transport problems?

(2004/C 33 E/089)

WRITTEN QUESTION E-1358/03

by Geoffrey Van Orden (PPE-DE) to the Commission

Subject: The ‘Via Baltica’ road project in Poland

(10 April 2003)

Is the Commission aware of the possible threat that the upgrading of the Via Baltica road to an
1.
expressway through the Biebrza Marshes and the forests of Knyszyn and Augustow in Poland may pose to
these environments?

2. Will an environmental assessment of the potential
alternative routes be carried out before any EU funding might be provided?

impact of the project and an evaluation of

3. Will EU funding be provided to the ‘Via Baltica’ road scheme even if the project is deemed to break
EU environmental directives which the Commission has said should apply to all new infrastructure
investments in EU candidate countries?

Joint answer
to Written Questions E-0925/03, E-1032/03 and E-1358/03
given by Mrs Wallström on behalf of the Commission

(21 May 2003)

On accession to the Union, Poland will be bound by Community law relating to the environmental impact
of projects and in particular their impact on any natural site of special value. Moreover the Commission
encourages Acceding Countries to apply and implement the provisions of the environmental acquis already
in particular as regards all new investments such as motorways. The
during the pre-accession period,
relevant Community Directives are those on Habitats (92/43/EEC) (1), Birds (79/409/EEC) (2), Environmental
Impact Assessment (97/11/EC) (3) and the Directive on the Assessment of the Effects of Certain Plans and
Programmes on the Environment (2001/42/EC) (4), which has to be applied from July 2004. Community
funding for any such investment will only be made available if the requirements of Community legislation
on environment and interoperability are respected.

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Official Journal of the European Union

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The sensitive wildlife sites referred to are likely to be identified as Natura 2000 sites on Polish accession.
This implies that strict conservation rules will apply. Article 6 of the Habitats Directive requires all Member
States to carry out a full assessment of all alternatives to a proposed investment that risks having a
negative environmental impact on a possible Natura 2000 site. If no alternative exists, the investment can
only be allowed if it demonstrates overriding public interest and all compensatory and mitigation measures
have been applied.

It is also important to emphasise that these requirements have recently been transposed into Polish law
through amendments to the Nature Conservation Act. As a result they apply also in Polish legislation.

The Commission wishes to underline that no PHARE or Instrument for Structural policies for Pre-accession
(ISPA) funding has been provided for the construction of a motorway across through the areas referred to.
Furthermore, no such project features in the current project pipeline.

Additionally, the Commission is currently launching a study for an independent assessment of the impacts
of already programmed improvements and identification of priorities for further investment on this
Corridor, covering the three affected countries from Tallinn to Warsaw. This would include consideration
of the environmental and cost implications of existing and alternative alignments.

(1) 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.

(2) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979.
(3) 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.

(4) Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001 on the assessment of the effects of

certain plans and programmes on the environment, OJ L 197, 21.7.2001.

(2004/C 33 E/090)

WRITTEN QUESTION E-0929/03

by Jorge Moreira Da Silva (PPE-DE) to the Commission

(24 March 2003)

Subject: Legionnaire’s disease

There is a direct link between the poor maintenance of water heating and air conditioning systems in
public buildings and the incidence of extremely serious cases of pneumonia caused by the Legionella
bacterium.

1. Does the Commission believe that national legislation on the construction and maintenance of public
buildings ensures that the public are protected against Legionnaire’s disease? Which countries have
legislation which does offer these guarantees?

2. Will the Commission prepare European legislative initiatives aimed at imposing common rules for the

maintenance of public buildings which are designed to protect public health?

Supplementary answer
given by Mr Byrne on behalf of the Commission

(28 July 2003)

The construction and maintenance of buildings and their installations are issues under the responsibility of
the Member States. Concerning the safety of drinking water supply systems, these issues are expected to be
covered by the new European Acceptance Scheme (EAS) for regulated construction products in contact
with drinking water. EAS cannot, however, cover heating and air conditioning systems in buildings.