WRITTEN QUESTION P-2824/03 by Marie Isler Béguin (Verts/ALE) to the Commission. A28 motorway and the Habitats directive.
Date: 2003-09-18
Institutions: European Parliament, Provisional data
Subjects: European Commission, France, application of EU law, environmental impact, environmental law, environmental protection, motorway, operation of the Institutions

C 70 E/142

Official Journal of the European Union

EN

20.3.2004

Answer given by Mr Fischler on behalf of the Commission

(24 October 2003)

the Fisheries Agreement with Morocco the Council adopted Regulation
Following non-renewal of
(EC) No 2561/2001 (1) in order to encourage conversion action for fishermen and vessels that until 1999
had relied on it. Regulation (EC) No 1227/2001 (2) had already, in order to adjust the legal framework to
‘Morocco’ aid needs, waived certain provisions of Regulation (EC) No 2792/1999 (3).

The legal basis of the compensation granted to fishermen for temporary cessation of their activity is
Article 16 of Regulation (EC) No 2792/1999 of 17 December 1999, last amended by Council Regulation
(EC) No 2369/2002 of 20 December 2002 (4).

Under the terms of that Article it falls to the national managing authorities to determine, using the relevant
parameters, the actual compensation to be paid in each individual case. It is in that context that the
compensation granted to Spanish and to Portuguese fishermen has been set at different levels.

As provided for by Community rules (5), this compensation is paid with no reduction made. But the
taxation of income is a matter for the Member States and it is up to them to take account of their own
rules when determining compensation levels.

(1) Council Regulation (EC) No 2561/2001 of 17 December 2001 aiming to promote the conversion of fishing vessels
fishermen that were, up to 1999, dependent on the Fishing Agreement with Morocco, OJ L 344,

and of
28.12.2001.

(2) Council Regulation (EC) No 1227/2001 of 18 June 2001 derogating from certain provisions of Regulation
(EC) No 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in
the fisheries sector, OJ L 168, 23.6.2001.

(3) Council Regulation (EC) No 2792/1999 of 17 December 1999, laying down the detailed rules and arrangements

regarding Community structural assistance in the fisheries sector, OJ L 337, 30.12.1999.

(4) OJ L 358, 31.12.2002.
(5) Article 32 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the

Structural Funds, OJ L 161, 26.6.1999.

(2004/C 70 E/146)

WRITTEN QUESTION P-2824/03

by Marie Isler Béguin (Verts/ALE) to the Commission

(18 September 2003)

Subject: A28 motorway and the Habitats directive

It is quite obvious from the information available that construction of the A28 motorway has resumed (cid:1)
in particular, the excavation work being carried out over a 40-kilometre stretch running from north of
Tours to the Loire valley in the Sarthe.

This clearly demonstrates the French authorities’ intention to continue working in the area located between
Montabon and Ecommoy without waiting for the Commission to analyse the replies which it has received
from France concerning the Commission’s reasoned opinion of 21 December 2001 on the destruction of
the habitats and the breeding grounds of a priority species listed in Annex IV of Directive 92/43 (cid:1)
namely, the Osmoderma eremita.

In view of the urgency of the matter, would the Commission state what action it intends to take before the
motorway construction work reaches the point of no return?

Can the Commission provide assurances that it was not pressurised by the French Government into
‘freezing’ the disputes relating to the Birds and Habitats directives until the next European elections?

20.3.2004

EN

Official Journal of the European Union

C 70 E/143

Answer given by Mrs Wallström on behalf of the Commission

(14 October 2003)

the French authorities a reasoned opinion for non-compliance with Council
The Commission sent
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 Council Directive 97/11/EC of 3 March 1997 (2), and
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna
and flora (3) in respect of reparcelling operations associated with the construction of the Le Mans-Tours
section of the A28 motorway.

The French authorities sent several replies to the Commission’s reasoned opinion. In particular, the dossier
was discussed at a meeting between the Commission and the French authorities in February 2003 in
Brussels, at which the French authorities undertook to provide the Commission with further information
regarding compliance with Articles 12(1)(d) and 16 of Directive 92/43/EEC, a local and national
management plan for Osmoderma eremita, further proposals for sites of Community importance, and
guarantees regarding monitoring of the reparcelling work on the ground. The French authorities formally
sent the Commission this information under cover of a letter of April 2003 from the Permanent
annexes.
Representation of
The Commission is currently examining the official response from the French authorities in order to
decide, as soon as possible, what further action to take in this matter.

to the European Union. That

included voluminous

France

letter

In handling this matter, as in handling any infringement it deals with as guardian of the Treaties, the
Commission works in complete independence and observes Community law scrupulously.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.
(3) OJ L 206, 22.7.1992.

(2004/C 70 E/147)

WRITTEN QUESTION E-2831/03

by Camilo Nogueira Román (Verts/ALE) to the Council

(23 September 2003)

Subject: Statements by the Spanish Prime Minister criticising the Convention and announcing his

opposition to basic aspects of the agreed Convention text

What is the Council’s position on the European Parliament resolutions calling for the agreements reached
within the Convention not to be called into question? In this connection, what is the Council’s position on
the statements made by the Spanish Prime Minister, José María Aznar, publicly calling into question the
work done by the Convention, claiming that it failed to abide by the mandate assigned to it and stating
that the Intergovernmental Conference should amend basic aspects of the draft Constitution submitted
to it?

Reply

(8 December 2003)

The Council, at its meeting on 29 September 2003, took note of the opinion of the European Parliament
which it had consulted in conformity with Article 48 of the Treaty on European Union.

The Council has not taken a view on any statements made by individual Member States, nor would it be
appropriate for it to do so.