WRITTEN QUESTION E-6338/08 by David Hammerstein (Verts/ALE) to the Commission

Subject: Illegal construction of road in the Mountain area, Natura 2000 sites

A 5 km segment of the road between the resort and the Pionerska hut in the Rila Mountain area, , is currently being constructed without an EIA in accordance with Community law. According to the Bulgarian Biodiversity Law, which transposes the EU Habitats and Birds Directives into Bulgarian law, this investment project is also subject to an assessment of compatibility with the aims of Rila Natura 2000 sites (BG0000495 and BG0002055) and the proposed Rila-Buffer Natura 2000 site (BG0001188). These studies have not been carried out and the roadwork is continuing today and has been observed by this Member of the European Parliament. Moreover, the work on and design of the road are having a destructive effect, with clear signs of erosion and possible landslides. Obviously, no compensatory or remedial measures have been taken.

It has been ascertained that the road encroaches upon Rila National Park, with a total of 10 hectares. Municipality has been fined by the Ministry of the Environment and Water for breaking the Environmental Protection Law, but the illegal construction has continued despite the fine, with no measure being taken to stop the work. This issue was brought to the attention of the Bulgarian Ministry of Environment during an EP Petitions Commission Delegation visit in October 2008 in Bulgaria.

What measures will the Commission take to guarantee compliance with Community law in this case?

753505.EN PE 415.840