WRITTEN QUESTION No. 1509/99 by Elisabeth SCHROEDTER Inadequate transposition of the amendment of the EU's EIA directive in the Brandenburg Highways Act
C 27 E/102 Official Journal of the European Communities EN 29. 1. 2000 (2000/C 27 E/126) WRITTEN QUESTION E-1509/99 by Elisabeth Schroedter (Verts/ALE) to the Commission (1 September 1999) Subject: Inadequate transposition of the amendment of the EUís EIA directive in the Brandenburg Highways Act Has the amendment of 1. to transpose the amendment of the EUís EIA directive (97/11/EC) (1) and which takes advantage, in particular, of Article 1(6) amending Article 4(2) and (3), been submitted to the Commission for its consideration? the Brandenburg Highways Act, which was meant If so, what does the Commission think of the transposition of the criteria listed in Annex III to the 2. EIA directive, according to which an EIA may not be forgone? If not, when will the Commission require this act to be submitted, given in particular that the 3. amendment of the EIA directive had to be incorporated by the Member States in their legislation by 14 March 1999 and the Commission had to be notified of the arrangements regarding EIA derogations? Does the Commission consider the criteria in Annex III to have been satisfied when in its new 4. Highways Act the Government of the Land of Brandenburg classifies an area as protected only if the highway adjoins it over a distance of at least 2,5 km, even though the average size of nature conservation areas and comparable protected areas in the Land of Brandenburg is less than 2 x 2 km? 5. Does the Commission consider the criteria in Annex III to have been satisfied when no mention is made in Brandenburgís Highways Act of damage to wetlands (which are very common in the region as high-grade biotopes) as a criterion for an EIA? 6. What will the Commission do to ensure that the amended EIA directive is fully transposed by the Brandenburg Government? (1) OJ L 73, 14. 3. 1997, p. 5. Answer given by Mrs Wallström on behalf of the Commission (8 October 1999) 1. and 2. The Commission would inform the Honourable Member that Germany has by letter of 16 September 1999 sent to the Commission the Act concerning the construction of roads in Brandenburg. The legislation is currently under assessment. 3. and 6. Member States were obliged to implement 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, by 14 March 1999 at the latest and to inform the Commission thereof. Germany has not yet informed the Commission. As regards the possible impact of the project on wetlands, as highlighted by the Honourable 4. and 5. Member, for projects listed in Annex II of Directive 97/11/EC it must be determined whether such projects are likely to have environmental impacts, and consequently whether an environmental impact assessment must be carried out in accordance with the Directive. When determining this need, Member States have to take into account the selection criteria listed in Annex III of the Directive. Annex III No 2(a) states that the environmental sensitivity of geographical areas likely to be affected by projects must be considered, in particular with regard to the absorption capacity of the natural environment, paying particular attention to wetlands. It follows that legislation implementing the Directive has to take into account this specific type of area