WRITTEN QUESTION No. 3184/98 by Jan LAGENDIJK to the Commission. Infringement of the Habitats Directive by the construction of a dam in the Ems
C 182/50 Official Journal of the European Communities EN 28. 6. 1999 (1999/C 182/061) WRITTEN QUESTION E-3184/98 by Jan Lagendijk (V) to the Commission (27 October 1998) Subject: Infringement of the Habitats Directive by the construction of a dam in the Ems Is the Commission aware that work started on 17 September on the construction of a dam in the Ems near Gandersum? What is the Commission’s response to the fact that building work has started despite the Commission’s request to the German government to forward information in view of a possible infringement of the Habitats Directive and the Wild Birds Directive (1)? Has the Commission received the information it requested from the German government? If not, does the Commission intend to wait for the information while work on the dam goes ahead? In the present instance, what does the Commission regard as a reasonable deadline for forwarding the information? Is the Commission prepared, on the basis of the information already in its possession, to start infringement proceedings forthwith in order to prevent the dam being a fait accompli when the Commission appeals to the Court? (1) Answer to Question E-2382/98, see page 6. Answer given by Mrs Bjerregaard on behalf of the Commission (13 November 1998) As has been stated in the reply to Written Question E-2382/98 by Mrs Van Putten (1), the construction of a dam on the Ems German-Dutch border is the subject of a range of complaints. The Commission has recently been informed of the fact that the work started on 17 September 1998. As the Honourable Member states, the Commission has invited the German authorities to take a position on the matter. On the basis of more substantial information put forward by the complainants, the Commission has recently sent a further letter to the German authorities and asked them to comment also on this additional information. The awaited reply will help the Commission to decide whether to open infringement proceedings under Article 169 of the EC Treaty. The Commission has not yet received a reply. Therefore the Commission has not yet taken a decision. In case of complaints where the Commission considers that there might be an infringement, it invites the national authorities to take a position. In these cases the Commission generally allows two months for a reply. This is also the case here. If the Member State does not respect the said deadline, the Commission takes the appropriate measures to ensure the proper handling of the case. This might include, in case of a systematic refusal to provide information, the opening of infringement proceedings under Article 5 of the EC Treaty which obliges Member States to take all appropriate measures to ensure fulfilment of the obligations resulting from action taken by the Commission in its role as guardian of the EC Treaty. (1) See page 6