WRITTEN QUESTION P-2973/03 by Jean-Louis Bernié (EDD) to the Commission. Marais Breton site — September 2003.
Date: 2003-10-06
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, France, ecology, environmental policy, environmental protection, local government, protected area, stagnant water

27.3.2004

EN

Official Journal of the European Union

C 78 E/203

Enforcement of and inspection of compliance with Community legislation, including waste legislation is
the responsibility of the Member States. The Commission encourages co-operation between Member States,
inter alia through the IMPEL network, to ensure proper implementation of the Regulation and the ban on
export of hazardous waste on non-OECD countries.

(2004/C 78 E/0207)

WRITTEN QUESTION P-2973/03

by Jean-Louis Bernié (EDD) to the Commission

(6 October 2003)

Subject: Marais Breton site (cid:1) September 2003

In his letter of 25 August 2003, addressed to Mr Jean-Louis Bernié, Senator Oudin (Vendée/France) stated:

The step taken by France (la démarche de la France) being contractual, there is no obligation on local
authorities to apply the recommended management measures.

In the light of the entire European legal arsenal, can the Commission confirm to me that a Member State
may decide, that in the absence of financial compensation (e.g. for owners, farmers, fishermen, hunters or
other ‘users’ of nature) there is no obligation incumbent on local authorities in Natura 2000 sites?

Does the Commission believe that a contractual policy can, by itself, guarantee the conservation of the
Natura 2000 sites?

Answer given by Mrs Wallström on behalf of the Commission

(19 November 2003)

To answer the Honourable Member’s first question, Article 6 of Directive 92/43/EEC (1) applies. This
requires Member States to establish the necessary conservation measures for special conservation areas.
They must also take appropriate measures to avoid the deterioration of natural habitats and the habitats of
species in these areas. This may involve requiring local authorities to apply the recommended management
measures, whether or not there is financial compensation.

In reply to the Honourable Member’s second question on the contractual policy applicable to the
management of Natura 2000 sites, the Commission does not believe that such a policy can, by itself,
guarantee the protection and conservation of the sites.

Article 6(1) of Directive 92/43/EEC provides for positive measures for all special conservation areas, in
order to achieve the Directive’s general objective, which is to maintain or restore at a favourable
conservation status natural habitats and species of wild fauna and flora of Community interest. These
conservation measures must meet the ecological requirements of the Annex I natural habitats and Annex II
species present on the sites. They can take two forms: appropriate statutory, administrative or contractual
measures, or if need be, appropriate management plans.

The choice between statutory, administrative or contractual measures and even the choice of management
plans is the responsibility of the Member States. These arrangements comply with the principle of
subsidiarity. The Member States must however choose at least one of the three categories: statutory,
administrative or contractual measures. The Member States are free to use, on a Natura 2000 site, a single
category of measures (e.g. contractual measures), or combined measures (e.g. a combination of statutory
and contractual measures, depending on the conservation problems affecting the Annex I natural habitats
and the Annex II species present on the sites). In addition to the compulsory measures chosen, the
Member States may also define and implement management plans.

C 78 E/204

Official Journal of the European Union

EN

27.3.2004

However, whatever type of measures the Member States choose, they must comply with the general
objectives of the Directive. If a Member State chooses contractual measures, it is still required to establish,
on a permanent basis, conservation measures which meet the ecological requirements of Annex I natural
habitats and Annex II species present on the sites, and it must still comply with the Directive’s general
conservation objective.

In addition to the general conservation measures the Member States must establish for special conservation
areas under Article 6(1) of the Directive, the requirements of Article 6(2), (3) and (4) also apply. These
provide for preventive measures to avoid deterioration, disturbance and adverse effects on Natura 2000
sites.

(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.

(2004/C 78 E/0208)

WRITTEN QUESTION E-2980/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(9 October 2003)

Subject: Suspension of funding for public works studies in Greece from the Community budget

According to reports which have appeared in the Greek press, Community funding for advance studies for
all projects covered by the Structural Funds has been suspended owing to a breach of Community law.

More specifically, the Commission Director-General for the internal market stated in a letter sent to the
other directors-general on 31 July 2003 that he had detected infringements of Community directives,
notably Directive 92/50/EEC (1) on public contracts. As a result, the press reports state that it was decided
to suspend the financing of studies.

1. What is the Commission’s official position on this matter?

If the Commission has already made cuts, to what extent will the reduction in funding for studies

2.
affect the budget?

3.

How will these studies be financed?

If studies are financed from national funds despite the Commission’s objections in relation to
is it possible that the projects themselves could still be financed

4.
compatibility with Community law,
through the Structural Funds and the Cohesion Fund?

(1) OJ L 209, 24.7.1992, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(7 January 2004)

1.
In the course of a regularly scheduled on-the-spot control mission concerning the Egnatia project, the
studies of which are partly co-financed through the Trans-European Transport Network (TEN-T) budget
line, some issues were identified, which showed that Egnatia’s practices for the award of study contracts
may not be compatible with public procurement rules and thus required further clarification. Egnatia
seems to award the contracts on the basis of the quality of the enterprise itself and not the quality of the
services which selected enterprises can provide, which would be contrary to Council Directive 92/50/EEC
of 18 June 1992 relating to the coordination of procedures for the award of public service contracts.