WRITTEN QUESTION E-2788/03 by Chris Davies (ELDR) to the Commission. Use of peat for electricity generation.
Date: 2003-09-19
Institutions: European Parliament, Provisional data
Subjects: Sweden, electrical energy, energy production, environmental protection, peat, renewable energy

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.

27.3.2004

EN

Official Journal of the European Union

C 78 E/169

Use of peat by gardeners and for the production of electricity has led to peat bogs being ranked amongst
the most threatened natural habitats in Europe.

What action does the Commission intend to take to ensure that peat is not permitted to be eligible for
green certificates in Sweden?

(1) OJ L 283, 27.10.2001, p. 33.

Answer given by Mrs de Palacio on behalf of the Commission

(23 October 2003)

The Commission agrees that peat is not regarded as a renewable energy source according to the definitions
in Article 2 in 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.

Consequently, electricity produced with peat as fuel cannot contribute to the Swedish fulfilment of the
target defined in the Directive. Furthermore a Member State cannot issue a guarantee of origin for
electricity produced from peat in the context of the Directive.

According to Article 3 and 6 in the Directive Member States shall publish before 27 October 2003 reports
including an analysis of success in meeting the national targets and an evaluation of the existing legislative
and regulatory framework.

The Commission has not yet
the
implementation into national legislation is not in compliance with Directive 2001/77/EC the Commission
will take the necessary steps towards the Swedish authorities.

received these reports.

the Swedish reports

indicate that

If

Directive 2001/77/EC does not prevent a Member State from using peat for electricity production nor
from establishing a system of certificates for certain types of electricity. If such a system of certificates
includes economic support the system must be in compliance with Community regulations on state aid.
The use of peat for electricity production must also comply with the Community Directives concerning
protection of nature such as the Habitat Directive (Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora (1)). The Commission will also react regarding
these regulations if a Member State is not in compliance.

(1) OJ L 206, 22.7.1992.

(2004/C 78 E/0173)

WRITTEN QUESTION E-2802/03

by Pedro Marset Campos (GUE/NGL) to the Commission

(19 September 2003)

Subject: Special tolls in France and Germany for the transport of goods by road

The announcement that the French and German authorities will shortly impose special tolls for lorries
travelling through those countries on the motorways is likely to cause justified alarm in the Murcia region
(Spain), particularly in the farming industry, since it might have adverse effects on the transport of fruit
and vegetables from Murcia to various EU countries.

1.

Is the Commission aware of this situation?

Does the Commission not consider it appropriate to demand that this measure should not be

2.
implemented, given that the charges are discriminatory and damaging?