WRITTEN QUESTION P-2782/03 by Torben Lund (PSE) to the Commission. EIA report and the Habitats Directive.
Date: 2003-09-11
Institutions: European Parliament, Provisional data
Subjects: Syddanmark (region), application of EU law, decision-making, environmental impact, environmental protection, impact study, project evaluation, road building

27.3.2004

EN

Official Journal of the European Union

C 78 E/167

organisation Eurelectric. Such cooperation at European level is complemented by national and regional
cooperation, such as the Austrian electricity industry being fully involved into the Austrian Ministry’s
implementation efforts, entailing inter alia a June 2002 workshop with the Association of Austrian
Electricity Operators with participation and contributions by Commission and Austrian Ministry.

4.
The Union and all its Member States ratified the Kyoto Protocol on 31 May 2002. Austria has taken
a commitment to reduce its greenhouse gas emissions by 13 % by 2012 compared to 1990 under the
Union burden sharing agreement.

5.
Summarising, the Commission does not see any contradiction between the Renewable Energies
Directive 2001/77/EC and the Water Framework Directive. Stakeholders, including the electricity industry,
are fully involved into the ongoing implementation efforts. As regards detailed implementation regulations
from Member States fully taking into account the Directive, the Commission is (cid:1) against the background
of the implementation deadlines set out in the Water Framework Directive (environmental and economic
analysis by December 2004, river basin management plans by December 2009) (cid:1) not aware of such
documents being already available. However,
small
hydroelectric power plants as regards their impact on the environment, commissioned and published by
the German Federal Environment Agency (Umweltbundesamt) (3).

the Commission is aware of assessments of

(1) Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for

Community action in the field of water policy, OJ L 327, 22.12.2000.

(2) Directive 2001/77/EC of the Parliament and of the Council of 27 September 2001 on the promotion of electricity

produced from renewable energy sources in the internal electricity market, OJ L 283, 27.10.2001.

(3) German Federal Environment Agency (Umweltbundesamt): Hydroelectric Power Plants as a Source of Renewable
Energy (cid:1) legal and ecological aspects (‘Wasserkraftanlagen als erneuerbare Energiequelle (cid:1) rechtliche und
ökologische Aspekte’), UBA-Texte 1/01, ISSN 0722-186X, Berlin 2001.

(2004/C 78 E/0171)

WRITTEN QUESTION P-2782/03

by Torben Lund (PSE) to the Commission

(11 September 2003)

Subject: EIA report and the Habitats Directive

In a June 2003 report on the assessment of the effects of certain public and private projects on the
environment (EIA), the Commission concluded that there are only few monitoring systems in place for
EIAs, that the results of EIAs are not adequately integrated into the decision-making process and that the
comments of the general public should be included.

Before the end of 2003 the Danish municipality of Vejle is expected to decide, among other things, to
construct a dual carriageway that will have adverse consequences for the countryside throughout the
Svinholt area. In view of its possible construction an altogether limited EIA assessment has been carried
out (Environmental assessment of Ødsted-Ny Højen-Vinding dual carriageway, Technical EIA statement,
August 2003) which has also been criticised by several members of the public for containing errors.

This being so, will the Commission explain whether the above EIA assessment satisfies all relevant
requirements, whether the procedure is in conformity with the directives relating to the Århus Convention
and whether, in its view, this road project can be expected to comply with the provisions of the Habitats
Directive. Lastly, will
it state clearly whether such a project can be commenced before appropriate
assessments have been carried out and before various complaints to the Commission, etc. have been
examined and the findings are available?

C 78 E/168

Official Journal of the European Union

EN

27.3.2004

Answer given by Mrs Wallström on behalf of the Commission

(14 October 2003)

The recent report on the application and effectiveness of the Environmental Impact Assessment (EIA)
Directive (1) has identified some shortcomings in its application. It is worth pointing out that this report
has examined areas, such as monitoring, that are not covered by the EIA Directive.

Currently, Article 2(1) of the EIA Directive, requires Member States to adopt all measures necessary to
ensure that, before consent is given, projects likely to have significant effects on the environment by virtue,
inter alia to their nature, size or location are made subject to a requirement for development consent and
an assessment with regard to their effects. Article 6 of the Directive provides for consultations with
authorities as well as consultations with the public (2). In accordance with its Article 8, the results of
consultations and information gathered during the EIA procedure must be taken into consideration in the
development consent procedure. Moreover, Article 6(3) of the Habitats Directive (3) requires that national
authorities shall agree to a project likely to have significant effect on a Natura site only after having
ascertained that it will not adversely affect the integrity of the site concerned. Should a project have
significant effects on the site,
it can only be authorised in the absence of alternatives, for reasons of
overriding public interest and with adequate compensation.

It appears from the question of the Honourable Member that no development consent has yet been
granted to this project. Therefore, at this stage it is for the national authorities to ensure that the EIA
Directive and the Habitats Directive are effectively applied before the authorisation of the project.

Further to a complaint received earlier concerning the effects of the project on a Natura site, the
Commission has sent a request
information to the Danish authorities to ascertain how the
requirements of the Habitats Directive are being taken into account in this case.

for

The Commission will not hesitate to initiate an infringement proceeding, in accordance with Article 226 of
the EC Treaty, if it considers that Denmark has failed to fulfil its obligations to ensure compliance with
Community law.

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private
projects on the environment, OJ L 175, 5.7.1985, as amended by Council Directive 97/11/EC of 3 March 1997,
OJ L 73, 14.3.1997.

(2) The EIA Directive has been recently amended by Directive 2003/35/EC of the Parliament and of the Council of
26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes
relating to the environment and amending with regard to public participation and access to justice Council
Directives 85/337/EEC and 96/61/EC, OJ L 156, 25.6.2003. This amendment is designed to ensure that the EIA
Directive is fully compatible with the provisions of the Århus Convention. However, it is to be implemented by
Member States by 25 June 2005 and already the EIA Directive presently applicable provides for public consultation.
(3) 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.

(2004/C 78 E/0172)

WRITTEN QUESTION E-2788/03

by Chris Davies (ELDR) to the Commission

(19 September 2003)

Subject: Use of peat for electricity generation

Article 2 of Directive 2001/77/EC (1) on the promotion of electricity from renewable energy sources
excludes peat from the specified list of renewable fuels.

Earlier this year the Swedish Parliament agreed that peat should be added to its country’s list of fuels
eligible for green certificates used as the basis for reporting progress on renewable energy production to
the EU.