WRITTEN QUESTION P-3350/03 by Patricia McKenna (Verts/ALE) to the Commission. Derrybrien wind-farm bog-slide.
Date: 2003-11-06
Institutions: European Parliament, Provisional data
Subjects: Ireland, application of EU law, degradation of the environment, environmental impact, impact study, industrial hazard, power plant, siting of power stations

C 78 E/528

Official Journal of the European Union

EN

27.3.2004

The Commission has already looked into the matter raised by the Honourable Member and found no
elements which could show any breach of the Directive in this specific case. In addition, the EIA Directive
does not contain any legal requirements to contest the opportunity of a project or the development
consent itself.

(1) OJ L 73, 14.3.1997.

(2004/C 78 E/0549)

WRITTEN QUESTION P-3350/03

by Patricia McKenna (Verts/ALE) to the Commission

(6 November 2003)

Subject: Derrybrien wind-farm bog-slide

Anecdotal and photographic evidence already strongly indicates that the major ongoing bog-slide, which
began on Thursday 16 October at Derrybrien, Loughrea was caused by the construction of the 60 MW
wind-farm, owned by ESB subsidiary Hibernian Wind Power Ltd,
though they have not accepted
responsibility, so far. It now covers an area of over 50 hectares, and has closed two access roads to the
local village. The project involves two unapproved quarries coupled with the use of explosives, very heavy
vehicles moving fill on unstable floating roads, all on a blanket bog up to 6 metres deep on a
mountainside. Many of the planning conditions required to be met before commencement of works were
not complied with by the developer, and several are outstanding, including a bond to cover abandonment/
decommissioning of the project.

Apart from the major safety question, including the threat to the local village, there are now also serious
risks to watercourses, and local water supplies, including nearby Lough Cutra, which is within a proposed
SAC. One reason why Galway County Council originally rejected permission for phase 3 of this project
was because it considered that soil erosion caused by construction was poorly addressed in the EIS.
Nevertheless, An Bord Pleanála overturned the planning authority decision and granted permission without
conditions on this issue. Much greater renewable energy deployment is absolutely essential, especially in
Ireland, but that could now be seriously compromised by such careless development.

Does the Commission consider that such issues are, or should be, a key consideration in an EIS? Since they
were not properly addressed in this case, will the Commission advise the planning authorities to halt the
development, to avoid further environmental and safety risks and damage to the development of renewable
energy?

Answer given by Mrs Wallström on behalf of the Commission

(16 December 2003)

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment (EIA Directive) (1) as amended by Council Directive 97/11/EC of
3 March 1997 (2) provides that Member States must ensure that, before development consent is given,
projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or
location are made subject to an assessment of their environmental effects. These projects are defined in
Article 4, which refers to Annex I and II of the Directive. The construction of wind farms falls within
Annex II point 3(i). It is up to the Member States to determine if an individual project is likely to have
significant effects on the environment. Where significant effects are likely, Member States must carry out
an environmental impact assessment (EIA).

27.3.2004

EN

Official Journal of the European Union

C 78 E/529

From the information provided, it seems that an environmental impact statement (EIS), and consequently
an EIA, has been carried out for this project. However, the Honourable Member considers that the
information provided in the EIS, in particular as regards soil erosion, was inadequate. According to the
Honourable Member, the execution of the project may be linked to a major land-slide.

In the light of the above, the Commission will investigate this matter with the Irish authorities and provide
additional information to the Honourable Member.

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

(2004/C 78 E/0550)

WRITTEN QUESTION E-3361/03

by Koenraad Dillen (NI) to the Commission

(14 November 2003)

Subject: Ijzeren Rijn railway line

The Ijzeren Rijn line is an example of a European transport route which is useful for an open economy.
It links not only the port of Antwerp but also the ports of Ghent, Zeebrugge and Ostend with the Ruhr
and the German hinterland. The Ijzeren Rijn exists and has proved its usefulness in the past, but has ceased
to be used for several decades because the cost of environmental improvements such as the building of
tunnels in certain places would be far too high to permit the line to become profitable in the near future.
The Netherlands Government has been using this argument as a pretext to prevent any action on the
matter. However, because of the growing transport problems and the exponential growth in container
traffic, Flanders feels the need to bring this line back into operation. Germany, and particularly the Land of
North Rhine-Westphalia, have supported Flanders for years in calling for this economically necessary
development. However, unfortunately the Netherlands has adopted a policy of obstruction with regard to
it, which is inspired by its own plans to create a modern link between the port of Rotterdam and the Ruhr
by means of the exorbitantly expensive and environmentally undesirable Betuwe line, which will not
benefit any other European country economically. Europe now formally recognises the importance of
international railway lines.

Is the Commission monitoring developments with regard to the Ijzeren Rijn line?

Will the Commission try to secure a breakthrough at European level with regard to this vital matter, such
as to arrive at a solution satisfactory to all parties?

Answer given by Mrs de Palacio on behalf of the Commission

(16 December 2003)

The Commission monitors the developments in relation to the Iron Rhine (Ijzeren Rijn) link between
Antwerp and the German Ruhr area with great interest. The Commission has included this link under
priority project No 24: Railway axis Lyon/Genova-Basel-Duisburg-Rotterdam/Antwerpen in its proposal for
the revision of the Guidelines for the Trans-European Transport Networks (TEN-T) (1). The countries
involved have committed themselves to implement this project, which completion is foreseen for 2010.
It should be observed though that the Betuwelijn link was part of the first serie of TEN-T projects, adopted
under the so-called Essen project list in 1996.

Belgium and the Netherlands have recently decided to submit their conflict on the Iron Rhine to the
Permanent Court of Arbitration in The Hague. The case is now at the pleading stage, and a ruling is
expected for mid-2004. Hopefully, the ruling of the Court will constitute the basis for a satisfactory
solution.

(1) COM(2003) 564 final.