Sofia, Bulgaria - Bulgarian environment groups have today sent a letter to the EU Environment Commissioner Margot Wallstrom concerning the likely adverse impacts of Trans European Transport Network (TEN-T) projects on Bulgarian biodiversity. Three major transport projects are to be prioritised once the new TEN-T guidelines are approved. Each of them threatens valuable natural habitats and the groups, including Bankwatch member Za Zemiata (For the Earth), are demanding that meaningful environmental safeguards be put in place before these projects become a reality across Bulgaria. The letter expresses particular concern about an EU funded motorway project in the Kresna gorge region which has been at the development stage for more than three years. The gorge is a 17-km long national treasure and is home to rare species protected under the Bern Convention and the EU Habitat and Bird Directives However its biodiversity value has been ignored by the project investor, in violation of EU legislation and in spite of previous recommendations from Commissioner Wallstrom. ^[1]

Wallstrom has recently gone on the record concerning biodiversity, commenting at a recent European biodiversity conference in Madrid that, "To put it simply, we cannot afford to lose biodiversity". ^[2]

Anelia Stefanova of Za Zemiata commented, "It is alarming that the design and implementation of these infrastructure projects will take place with scant regard for the value of biodiversity, a subject obviously of great concern to Commissioner Wallstrom."

In October 2003, the European Commission announced the TEN-T revision which proposes a new list of priority transport projects requiring funding across Europe, including in the accession countries. The revised proposal demands strict project compliance with EU environmental legislation but only for those projects within current member states. Thus, in a bizarre twist of EU law-making, there is no full proof legal recourse available to ensure that places such as the Kresna gorge are not destroyed, even when EU money is directly involved.

The revised TEN-T proposal is currently under discussion in the European Parliament, with the Commission set to look at it at the end of this month.

Magda Stoczkiewicz of Bankwatch stated, "The Commission should display equal concern for European biodiversity conservation in both member and candidate countries alike. If EU money is to be used, then the Commission and the European Investment Bank should not approve funds for projects where EU "Habitats" and "Birds" directives are not being properly adhered to."

CONTACTS

In Brussels this week:

Anelia Stefanova
Za Zemiata / CEE Bankwatch Network
Mobile: +359 887 854 407

Magda Stoczkiewicz
CEE Bankwatch Network
Mobile: +31 652 41 03 23

NOTES

1. The NGO letter to Commissioner Wallstrom can be viewed here:

Regarding: Protection of Sites of Community Interest and Special Protection Areas in Bulgaria with regard to the EC proposal for amendments of the Community guidelines on Trans-European Network (Transport)

Dear Mrs. Wallstrom,

We are writing to you regarding the plans for development of the Trans-European Network - Transport (TEN-T). In October 2003 the European Commission (EC) submitted a proposal for amendment of the Community guidelines on TEN-T . We welcome the fact that the proposal explicitly mentioned that the development of the priority projects should happen in accordance with the Directives 85/337/ЕЕС (EIA Directive), 2001/42/ЕС (SEA Directive), 92/43/ЕЕС (Habitats Directive). We hope that the strict appliance of these requirements will ensure the development of projects which will guarantee biodiversity and people's health preservation, alongside the development of transport opportunities.

However, the Proposal imposes the above-mentioned obligations only on EU member states. At the same time the new plans for development of the TEN-T^[1] will significantly affect Bulgaria, as witnessed by the proposed priority projects list.

We are greatly concerned that the design and implementation of these infrastructure projects will take place before the establishment of the NATURA 2000 network on the territory of Bulgaria, and prior to the implementation of Directives 79/409/EEC (Birds Directive) and 92/43/EC (Habitats Directive) such as the submitting of a list of proposed Sites of Community Interest (pSCIs) and Special Protection Areas. Both designations must take place prior to the agreed date of accession. At present, there are no binding requirements, neither there is any practice, following the precautionary principle, for potential SCIs and SPAs to be identified and taken into account during the design of development projects. Therefore our organisations are afraid that serious contradictions might occur in the way the European policies are implemented in Bulgaria, and particularly a conflict between the implementation of TEN-T projects and nature conservation.

For example, the projects for construction of a motorway^[2] and a second railway road^[3] in the region of the Kresna gorge. The Gorge is a reserve area, a CORINE site and Important Bird Area and certainly will become an important part of the NATURA 2000 and EMERALD Networks. However its biodiversity importance has not been taken into consideration by the investor although the project has been under development for three years now with the support of the European Commission. The construction of the motorway has already started in 20-30 kilometre sections in violation of Commissioner Walstrom's requirements for the preparation of a thorough Environmental Impact Assessment (EIA) Report for the motorway^[4] and the necessity of a Strategic Environmental Assessment (SEA).

We, the undersigned NGOs, would like to express our understanding that the preservation of European biodiversity should not be an issue which is dependant on country boundaries. Consequently, the European Commission should demand equal responsibilities and requirements for projects promoted within the framework of the European Union as well as outside of it. To ensure the proper functioning of these responsibilities and requirements, it is necessary that they be legally binding, with the financing coming from the European Council through the European Funds and the European Investment Bank.

We would like to conclude by presenting to you our vision for the implementation of the priority transport projects on the territory of Bulgaria and to ask for your opinion:

1. The proposals for revising the TEN-T should state the same obligations for the candidate countries as for the member countries, especially regarding the Directives 85/337/ЕЕС (EIA Directive), 2001/42/ЕС (SEA Directive), 92/43/ЕЕС (Habitats Directive).

2. A SEA on the transport corridors, containing the priority project from the Proposal on TEN-T, should be carried out in accordance with EU best practices^[5] , even though some parts of the corridors have reached an advanced stage of construction.

3. A detailed and thorough EIA procedure should be carried out for the projects included in the Priority proposal, including consideration of all the potential SCI and SPAs. Bearing in mind the precautionary principle, the requirements of art.6 (3) and (4) of Directive 92/43/EEC have to be applied without exeption where SCI is concerned. In such cases the project assessment should be carried out in accordance with the methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC, assessment of plans and projects significantly affecting NATURA 2000 sites, European Commission, Environment DG.

We, the undersigned NGOs, strongly believe that the European Commission should at all times be mindful of the preservation of the future Natura 2000 sites in our country when considering support for TEN-T projects.

We would very much like to be informed about the concrete measures the European Commission will undertake to ensure preservation of Bulgarian biodiversity as an important part of Europe's natural heritage.

We would like to thank you in advance for your understanding and response.

Yours sincerely

1. Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending the amended proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (COM(2003) 564 final).
2. Extension of project No 7 along the motorway axis Igoumenitsa/Patra-Athina-Sofia-Budapest, - Sofia-Kulata-Greek/Bulgarian border motorway (2010), with Promahon-Kulata as cross-border section), p. 24 COM(2003) 564 final
3. Project No 22: Railway axis Athina-Sofia-Budapest-Wien-Praha-Nurnberg/Dresden, - Railway line Greek/Bulgarian border-Kulata-Sofia-Vidin/Calafat (2015)), стр. 25 COM(2003) 564 final
4. "following the requirements of the legislation of the European Community, the EIA would have to be carried out for the whole motorway at the same time" Margot Wallstrom to Bulgarian NGOs, 13.09.2001, Brussels, A(01)11217 D(01)1773 D(01)130678
5. Manual on Strategic Environmental Assessment of Transport Infrastructure Plans, European Commission, DGVII Transport
6. The 22nd Standing Committee of the Bern Convention has issued recommendations No 98 (2002) to the Bulgarian Government regarding the construction of the Stuma motorway (project N7) in the region of the Kresna gorge.

2. Cited in European Voice article of January 22, 2004: "Wallstrom: action essential to save natural habitats"