WRITTEN
QUESTION P-3527/02
by Ian Hudghton (Verts/ALE) to the Commission
(28 November 2002)
Subject: Biebrza
National Park, Poland
What consideration has been
given to the environmental impact of routing the Helsinki to Warsaw
motorway (the Via Baltica) through the Biebrza National Park in north
eastern Poland, and the risk posed to the unique ecosystems of this area?
To what extent has the Commission been involved in determining the
proposed route of this important transport link and the decision to change
the original plans which would have taken the motorway to the west of this
national park? Finally, how does the consequential loss of flora and fauna
in the Biebrza National Park tie in with the EU's commitment to preserving
natural habitats and the need for Poland, as an applicant country, to
comply with such legislation?
P-3527/02EN
Answer given by Mrs Wallström
on behalf of the Commission
(8 January 2003)
It is the position of the
Commission that all candidate countries should apply and implement the
provisions of the environmental acquis, including Council Directive
97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment
of the effects of certain public and private projects on the environment
(the Environmental Impact Assessment (EIA) Directive) and the Council
Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats
and of wild fauna and flora (Habitats Directive), and Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds (Birds
Directive), already during the pre-accession period. This is of particular
relevance for large-scale infrastructure investments such as the Via
Baltica.
The Commission understands
that the voivodship authorities of Podlaskie have recently made a decision
on the alignment of Via Baltica (TINA Corridor n°1) in north-east Poland.
According to this proposed alignment, the Via Baltica expressway would
affect the Biebrzański National Park.
According to the EIA
Directive the construction of an express road falls under Annex I point 7
point b. In this case Article 4 paragraph 1 applies and provides that
projects listed in Annex I should be made subject to an assessment in
accordance with the procedures of Articles 5 to 10. Therefore a mandatory
EIA must be carried out.
The Biebrza National Park
is clearly of outstanding natural value. In addition, it seems more than
likely that Biebrza will be identified as a Natura 2000 site at accession.
This implies that strict conservation rules apply. According to Article 6
of the Habitats Directive, investments that are likely to have a
significant effect on a Natura 2000 site need to be subject to an
appropriate assessment of their implications. If there are negative
implications, the investment can only be allowed in the absence of
alternative solutions and for imperative reasons of overriding public
interest.
The Commission has written
to the Polish authorities to draw their attention to these matters and to
seek assurance that the requirements set out in Article 6 of the Habitats
Directive have been applied in this case. The Polish authorities have
stated that a prognosis of the environmental impact of the proposed route
has been prepared by the two municipalities concerned. A decision on the
conditions for land development and use, determining the location of the
road, has not yet been taken. They have undertaken to keep the Commission
informed about further developments.
The Commission wishes to
underline that no PHARE or ISPA funding has been provided for the
construction of the Via Baltica across the Biebrza National Park in
Poland. Furthermore, no such project features in either the ISPA or the
PHARE projects pipeline. In cases where Union pre-accession funding of
large infrastructure developments is involved "similar standards" as set
by Community environmental legislation need to be applied before any
Commission funding is given to the candidate countries. This would include
the application of the EIA Directive. Also the candidate country would
have to investigate whether environmentally sensitive areas are affected
which might fall in future under the protection of the Habitats or the
Birds Directives.
|
