WRITTEN QUESTION P-0179/00 by Alexander de Roo (Verts/ALE) to the Commission. Exploratory drilling in the Biesbosch.
21. 11. 2000 EN Official Journal of the European Communities C 330 E/99 The Commission can confirm that it is planned to upgrade the Nieuweschans ü Weener ü Ihrhove railway line this year, and that the total cost of this upgrading work has been estimated at € 16,5 million. The authorities informed the Commission that works on the Dutch side have already begun, and that on the German side they are foreseen to be undertaken between April 2000 and October 2000. Community financial aid, both in the framework of the trans-European transport network and the Interreg programme, has been granted to support the upgrading works on both sides of the border. The Dutch and German authorities informed the Commission that the Dutch company Noordnet and the German DB Regio will provide rail services, once the infrastructure upgrading works are completed. Negotiations on this matter between the Province of Groningen and NoordNet on the one hand, and Landesnahverkehrsgesellschaft Niedersachsen and DB Regio on the other, are at an advanced stage. Negotiations are furthermore in course between NoordNet and DB Regio regarding their co-operation on the provision of cross-border services. (2000/C 330 E/109) WRITTEN QUESTION P-0179/00 by Alexander de Roo (Verts/ALE) to the Commission Subject: Exploratory drilling in the Biesbosch (27 January 2000) The Dutch Minister for Economic Affairs, A. Jorritsma, has given approval to NAM (Nederlandse Aardolie Maatschappij) to carry out exploratory drilling in the Biesbosch, where the company is expecting to find gas. The Biesbosch is a national park covered by the European directive on birds. Moreover, the Dutch Government is proposing that it should be made a Special Protection Area under Community law. The Dutch Parliament will be taking a decision on this in the middle of February. Does the Commission agree that a nature reserve covered by the European directive on birds should 1. be spared industrial activity of this kind? Does the Commission agree that, in this case, ecological concerns should prevail over (short-term) 2. economic interests? Does the Commission intend to get the Dutch Government and Minister Jorritsma not to go ahead 3. with this exploratory drilling? Answer given by Mrs Wallström on behalf of the Commission (17 February 2000) The Commission is not aware of the issue that is raised by the Honourable Member. De Biesboschí is one of the most important sites designated under national legislation (Natuurbescher- mingswet). De Biesboschí also merits designation as a special protection area (SPA) as specified in Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1). The Dutch authorities intend to designate the site but have not yet done so. According to caselaw of the Court of justice a site that has to be designated as a SPA must be protected in conformity with Articles 6(3), 6(4) and 7 of Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (2). C 330 E/100 Official Journal of the European Communities EN 21. 11. 2000 Article 6(3) implies that an assessment is required in the case of a plan or project that is likely to have a significant effect on a SPA. The authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site and, if appropriate, after having obtained the opinion of the general public. If, in spite of a negative assessment of the implications and in the absence of alternative solutions, the plan or project must nevertheless be carried out, the Member State has to comply with all the specific requirements that are mentioned in Article 6(4) of Directive 92/43/EEC. The Commission is taking the necessary steps to ensure that Community is fully complied with in this case. the environmental legislation of the (1) OJ L 103, 25. 4. 1979. (2) OJ L 206, 22. 7. 1992. (2000/C 330 E/110) WRITTEN QUESTION E-0180/00 by Paul Rübig (PPE-DE) to the Commission (31 January 2000) Subject: Olafís sphere of activity At the last minute, Olaf, the Communityís anti-fraud agency, has objected to Articles 66 and 73 of Doc XXI/1402/97-rev. 8 and demanded that sensitive goods be excluded from the institute of the authorised consignor or recipient, otherwise the aim of combating fraud would be undermined. After this was announced, the European industrial confederations intervened and stated that the simplified procedure should be based on the reliability of the principal, contending that this was one of the main reasons for the reform. The customs authorities in most Member States are also opposed to the action taken by Olaf in this regard. This shows the power of the anti-fraud agency, which is going against the Commission and against most Member States. What action is the Commission taking in this connection to make sure that Olafís power lies in the executive rather than the legislative sphere? How will the Commission try to confine Olafís sphere of activity to executive areas only? Answer given by Ms Schreyer on behalf of the Commission (17 March 2000) First of all, the Commission would point out that it acts in accordance with the principle of collective responsibility. It would stress that the fight against fraud is one of its constant political concerns. On the matter of the reform of the Community transit procedure (1) (and of the common transit procedure, which is being conducted in parallel), some of the Commissionís proposals which are being discussed within the Transit Section of the Customs Code Committee were designed to exclude cigarettes and alcohol above 40o from some of the simplified procedures (authorised consignor and recipient). It will be recalled that some particularly serious cases of fraud involving these products prompted the creation of a committee of inquiry in Parliament in December 1995. The Commission does not wish to prejudge the outcome of the current discussions