European Parliament 2014-2019

Committee on Petitions

28.2.2018

NOTICE TO MEMBERS

Subject: Petition No 1403/2016 by J. B. (German) on the protection of the ‘Stölzinger Gebirge’ and the and Wehretal natural habitats in connection with projected wind generators

1. Summary of petition

The petitioner is opposed to the projected wind generators in the ‘Stölzinger Gebirge’ because of the need to protect what is a natural habitat of outstanding importance. This is because of the large numbers of red kite to be found there and the fact that the area is a breeding ground for black stork. Furthermore, migratory birds fly over the Stölzinger uplands every spring and autumn, while the local forests contain large bat populations and numerous different species. The petitioner asks that, before the project is authorised, particular account be taken of the impact of the project on the above animal species, together with the need to protect the North upland forest landscape and the Werra and Wehretal natural habitats. He is also seeking an independent investigation into the disappearance of the North Hesse lynx population in connection with the projected wind generators, preferably by an expert from an area where lynx are to be found in their native habitat in one of the eastern Member States.

2. Admissibility

Declared admissible on 12 April 2017. Information requested from Commission under Rule 216(6).

3. Commission reply, received on 31 July 2017

According to the petitioner the wind turbines are located close to the Natura 2000 site "Werra- und Wehretal" (DE 4835-302). The site is a Special Area of Conservation designated according to the Habitats Directive1.

1 Council Directive 92/43/EEC of 21.5.1992 on the conservation of natural habitats and of wild fauna and flora; OJ L 206, 22.7.1992, p.7.

CM\1157970EN.docx PE609.437v04-00

EN United in diversity EN

It is primarily for the responsible authorities in Member States to ensure compliance with the provisions of European nature legislation which have been fully transposed into national law in .

All wild bird species naturally occurring in the territory of EU Member States, including the Red Kite and the Black Stork as mentioned by the petitioner, are subject to a strict protection regime according to Article 5 of the Birds Directive1. Complemented by the Habitats Directive, both provide a mechanism to ensure that any project is evaluated with regard to their effects upon bird species.

According to Article 6(3) of the Habitats Directive, for any plan or project which is likely to have a significant effect on a Natura 2000 site, an assessment of the impact (appropriate assessment) is required. This includes projects located outside a Natura 2000 site if they are likely to have a significant effect on that site. The project can then only be authorised after the authorities have ascertained that it will have no adverse effect on the integrity of the site, unless the provisions of Article 6(4) of the Habitats Directive apply. According to public sources, this assessment is currently undertaken by the competent regional authorities2.

The Commission has issued a guidance document3 on wind energy and Natura 2000 which inter alia promotes good practices in relation to the location, planning, design, construction and operation of such facilities in order to minimize their impact on biodiversity.

Conclusions

On the basis of the information provided by the petitioner and as well as publicly available documents, the Commission cannot identify a breach of EU nature legislation.

4. Commission reply (REV.), received on 28 February 2018

The documents and the hyperlink to a documentary film about birds provided by the petitioner show that protected species, like the bird species red kite (Milvus milvus) or the lynx, exist in the region where wind turbines will be built. In particular, the Milvus milvus has its natural range all over Germany. However, this fact is not in itself sufficient to establish that the project would have an adverse effect on the integrity of the Natura 2000 site concerned.

The petitioner also indicates that he submitted a petition to the Petitions Committee of the regional Parliament of Hesse. However, the submission of a petition to the regional Parliament does not as such demonstrate a breach of EU nature legislation.

Furthermore, the petitioner submitted an email he received from the competent national authorities which re-confirms that the appropriate assessment required under Art. 6(3) of the Habitats Directive was carried-out and that it is currently being verified by the competent

1 Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds, codifying Directive 79/409/EEC; OJ L 020, 26.1.2010, p.7. 2 Newspaper "Werra-Rundschau" (14.09.2016) and "Hessische Niedersächsische Allgemeine" (06.06.2017). 3 European Commission (2010): Guidance document on wind energy developments and Natura 2000. Link: http://ec.europa.eu/environment/nature/natura2000/management/docs/Wind_farms.pdf

PE609.437v04-00 2/3 CM\1157970EN.docx EN

national authorities.

Conclusions

On the basis of the additional information provided by the petitioner, the Commission cannot identify a potential breach of EU nature legislation.

5. Commission reply (REV. II), received on 29 June 2018

According to the publicly available environmental report of the regional energy plan of North Hesse1, the wind farm in question is not located within a protected habitat type under the Habitats Directive2 and as such does not affect the conservation objectives of the Natura 2000 site and its integrity.

The petitioner connects the decrease of the lynx population with the construction activity of the project but does not provide any concrete evidence for that. However, according to other sources3, the lynx population is affected by the natural disease mange in this region.

Conclusions

Based on the additional information provided by the petitioner, the Commission cannot identify a potential breach of EU nature legislation.

1 https://rp-kassel.hessen.de/sites/rp-kassel.hessen.de/files/content-downloads/Umweltbericht.pdf [accessed on 5.6.2018] 2 Council Directive 92/43/EEC of 21.5.1992 on the conservation of natural habitats and of wild fauna and flora; OJ L 206, 22.7.1992, p.7. 3 http://www.fnp.de/rhein-main/Luchse-sterben-an-Fuchsraeude;art1491,1950718 [accessed on 5.6.2018]

CM\1157970EN.docx 3/3 PE609.437v04-00 EN