91998E2382

WRITTEN QUESTION E-2382/98

by Maartje van Putten (PSE) to the Commission

(27 July 1998)

Subject: Construction of a dam on the Ems German-Dutch border river having regard to the Habitats and Birds Directives

Having regard to the intention of the German authorities, in particular the Weser-Ems regional government and the Lower Saxony land government, to build a dam on the Ems river; having regard to Article 6 of the Habitats Directive and Article 4 of the Birds Directive; having regard to the conclusions reached by the Netherlands Commission for environmental impact assessment to the effect that the assessment carried out by the German authorities did not provide sufficient information to enable the project's possible impact on the area's natural features to be assessed.

1. Has the Commission been in contact with the German authorities concerned, and if so on what basis?

2. How does the Commission view the German plans for building a dam, having regard to Article 6 of the Habitats Directive and Article 4 of the Birds Directive, and in particular to the fact that the German authorities failed to investigate any alternatives to this project, which would appear to be a requirement in accordance with Article 6(4) of the Habitats Directive?

3. What further action will the Commission take in this connection?

Answer given by Mrs Bjerregaard on behalf of the Commission

(17 September 1998)

The Commission has been informed of the planned building. In view of several complaints referring to this plan the Commission has already contacted the German government.

The information sent by the complainants indicated to the Commission that an infringement of European law could not be excluded. This is due to the fact that the planned measures seem to affect on the German side one special protection area (SPA) directly and 3 SPA indirectly as well as on the Dutch side one SPA indirectly. Moreover, based on these documents it cannot be excluded that necessary alternative solutions as well as assessment of the implication in accordance with Article 6 of the Habitats Directive, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1) have not been carried out.

A decision on further action will be taken after receiving the information requested from the German government.

(1) OJ L 206, 22.7.1992.