WRITTEN QUESTION P-3539/03 by Chris Davies (ELDR) to the Commission. Windfarms in EU special areas of conservation.
Date: 2003-11-24
Institutions: European Parliament, Provisional data
Subjects: application of EU law, electrical energy, environmental impact, project evaluation, protected area, wind energy

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Official Journal of the European Union

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3.4.2004

Has the Commission assessed the economic losses being suffered by EU haulage companies on

3.
account of the fact that the search for a solution to this EU problem has been postponed once again?

Answer given by Ms de Palacio on behalf of the Commission

(26 January 2004)

In December 2001 the Commission presented a proposal to extend the ecopoints system for the transit of
it has made sustained efforts to help the parties
heavy goods vehicles through Austria. Since then,
concerned come to an agreement. Such an agreement was reached during the meeting of the Conciliation
Committee on 25 November 2003. The Honourable Member will be aware that fourteen Member States
and the delegation from Parliament came out in favour of the option put forward by the Commission.
The Regulation was finally adopted on 22 December 2003 (1).

(1) Regulation (EC) No 2327/2003, OJ L 345, 31.12.2003.

(2004/C 84 E/0072)

WRITTEN QUESTION P-3539/03

by Chris Davies (ELDR) to the Commission

(24 November 2003)

Subject: Windfarms in EU special areas of conservation

The construction of electricity-generating windfarms can cause some significant and permanent damage to
fragile habitats such as upland peat moorland. They require the building of service roads, and as much as
300 tonnes of concrete may have to be laid in deep pits in order to support the new generation of wind
turbines.

There is also concern that in some locations wind turbines can kill very significant numbers of rare birds.

The range of measures available to most Member States to reduce energy consumption and increase the
supply of electricity from renewable sources, together with the fact that the individual contribution of each
windfarm to national electricity consumption is usually very small indeed, surely means that it is difficult
for any Member State to justify the siting of windfarms in special areas of conservation on the grounds
that they are of overriding national importance.

In what circumstances does the Commission believe that there would be grounds to challenge the
construction of one or more windfarms within EU special areas of conservation on the grounds that they
breach the intentions of the Habitats Directive?

What, if any, guidelines has the Commission issued on this matter?

In view of the fact that most SACs have yet to be declared by the Commission, and yet construction of
windfarms is proceeding rapidly in many Member States, what steps can be taken to prevent irreversible
damage being done prior to formal SAC declaration?

Answer given by Mrs Wallström on behalf of the Commission

(16 December 2003)

It is not possible for the Commission to specify all conceivable circumstances in which the construction of
one or more windfarms within a special area of conservation would contravene the requirements of
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna
and flora (1).

Under the terms of Article 6 of this Directive, any plan or project likely to have a significant effect on the
conservation values for which the site is included in Natura 2000 must be subject to an appropriate
assessment. Where such assessments show that significant damage to a site will occur, Member States may

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only authorise developments in cases where no viable alternatives are available and where an overriding
public interest in the development is demonstrated. In these cases they are, however, obliged to implement
compensation measures by creation or improvement of habitat elsewhere to maintain the integrity of the
Natura 2000 network.

The Commission has not produced sector specific guidelines on applying the provisions of Article 6.
Instead, it has produced both a legal and technical guidance document as well as a separate methodological
guide on the application of provisions of this Article. These documents are available on the web site of the
Commission (2). The contents of the documents are valid for wind energy plans and projects.

While a list of sites of Community importance has yet to be fully adopted for all parts of the Union,
Member States appear generally willing to apply the safeguards of Article 6 of the Directive to sites they
nominate for proposed Special Areas of Conservation status. Where the Commission has evidence that
these safeguards are not being applied, it has been and is prepared to make use of its powers under the
EC Treaty to raise the matter, with a view to ensuring that the nature conservation objectives of the
Directive are not put in jeopardy.

(1) OJ L 206, 22.7.1992.
(2) http://europa.eu.int/comm/environment/nature/natura_articles.htm

(2004/C 84 E/0073)

WRITTEN QUESTION P-3563/03

by Monica Frassoni (Verts/ALE) to the Commission

(25 November 2003)

Subject: Transport Protocol of the Alpine Convention

On Friday, 14 November 2003, the Italian Senate approved the Alpine Convention and, following a
proposal by the Italian Government, removed the Convention’s Transport Protocol from the list of
protocols approved.

The report by the High Level Group on Trans-European Transport Networks on the Brenner base tunnel
and the Turin-Lyon base tunnel states that ‘the economics of the tunnel and its access lines depend on an
integrated transport policy favourable to intermodality in the spirit of the Transport Protocol of the Alpine
Convention. It will be necessary to limit the development of new road capacities on the competing routes,
and to adapt the infrastructure charging policy, so that road tolls from the competing routes can
contribute to the financing of the tunnel in the framework of public-private partnership’.

The Senate’s decision, which allows the building of large trans-Alpine motorways, means in practice that
investments and railway tunnel links will be underused and, therefore, uneconomical.

Can the Commission answer the following:

1. Does the Italian Senate’s decision (and, therefore, the Italian Government’s desire) to commit itself to
long-distance trans-Alpine motorways, in stark contrast to the findings of the Van Miert Report, not
put at risk investment in rail links made by the Italian Government?

2. Does the Commission, on the basis of the decision of the Italian Senate, intend to review its own

decisions regarding European funding for Italian rail links?

Answer given by Mrs de Palacio on behalf of the Commission

(7 January 2004)

The Commission’s proposal on Trans-European network guidelines, which follows broadly the recom-
mendations of a High Level Group on the trans-European transport network, aims at ensuring the
completion of the Single market, the success of enlargement and modal transfer towards modes with less