Bar-le-Duc, 12 th December 2011

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1 ANNEXE 1

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4 Please note that this translation has been done by associative volunteers, and may therefore contain some inaccuracies from the original French. However, we still wanted to let you know in case it might help a faster consideration of our mail. Bar-le-Duc, 12 th December 2011 Object: Non consideration of the impact of the road connection project from Belval to the motorway A30, on Natura 2000 areas in Esch-sur-Alzette and Differdange, Luxembourg (LU , LU , LU and LU ). Presidents, With the present letter, the co-signing non-profit organizations from France and Luxembourg would like to express their worry about the road project Belval-A30 (under the contracting authority of the county Councils). This project could have a great detrimental impact on the neighbouring Natura 2000 areas and their natural diversity. At the present time, there has no clear assessment of these impacts. To our dismay we were informed during the meeting of the technical committee Alzette-Belval on the 24 th of November 2011 that no impact assessment would be carried out. In addition, both the lack of conclusive study about the obvious ecological alternative to this road project, ie the renovation of the railway from Fontoy to Audun-le-Tiche, as well as the uncertainty regarding imperative reasons for this project to be of major public interest, leave us perplexed. We estimate -and many naturalists from Lorraine and Luxembourg are in agreement- that this infrastructure will likely have a noticeable effect on the species present in the Natura 2000 areas named above during both building and operating stages. Following are a few detailed elements demonstrating this statement: - With regard to the existing supranational biological corridor: The Belval to A30 road connection project is located between 600 metres and 3 kilometres from Luxembourgish Natura 2000 areas, namely two SAC (Special Areas of Conservation - LU and LU ) and two SPA (Special Protection Areas - LU and LU ) (see Appendix 1). The areas directly affected by the project include similar habitats to those of nearby former mines in Esch-sur-Alzette and Differdange identified as Natura 2000 areas and, more significantly, feature a higher and more diverse number of plant and animal species. Individuals of species present on the Natura 2000 areas are highly likely to use the affected areas as part of their life cycle and therefore highly likely to be directly affected by the road project. This is an exceptionally strong concern because the natural area in question is an essential part of a supranational biological corridor connected to Natura 2000 areas in Luxembourg, including the ones in Differdange-Prenzebierg (and to a Tél. : fax : wanadoo.fr - web : 1/4

5 lesser extent the ones in Esch-sur-Alzette) (see Appendix 2). Due to the proximity and interconnection between the areas, exchanges of individuals between areas are inevitable and a key element towards species conservation through the colonization of new territories and the exchange of genetic material. The route of the road would go through the length of natural areas of Micheville. These areas include the same natural habitats and faunal and floral sets as the ones in Natura 2000 areas in close proximity. Building a road infrastructure across these natural areas and thus severing the existing and functional biological corridor would cause a major detrimental impact on species opportunity to travel and colonize other territories. - With regard to the cumulated impacts: The area directly affected by the road project is also the subject of a vast and recent development project carried by the Operation of national interest Alzette-Belval decreed on the 19 th of April Project managers and contracting authorities have arbitrarily decided to disregard the lack of study of this remarkable transborder biological corridor and have decided to use it in its entirety as a location for future development projects (see Appendix 3). For these reasons, the future road would not only have a direct impact on the area, but also indirect and cumulated impacts. Geographical areas subject to the cumulated effects should be further examined with specific regards to the accumulation of impacts, because the road project combined with the development project could have direct and indirect impacts, either temporary or permanent, on the conservation status of habitats and species the nearby Natura 2000 areas are aimed to protect. - With regard to the conservation objectives for habitats and species listed in the Natura 2000 areas: Below are examples of three species under strict conservation objectives in the Luxembourgish Natura 2000 areas. The three species are also present on the French areas directly affected by the road project. Elements from the 2011 application for an exemption to destroy protected species, along with these conservation objectives, portend major conservation impacts: - Large Copper (Lycaena dispar) and Marsh Fritillary (Euphydryas aurinia): The conservation objective for these two species in Natura 2000 areas LU and LU is maintaining a favourable conservation status and healthy populations. Both species are present on the route of the road with a conservation status on the studied area characterised as medium to bad for the Large Copper and as good for the Marsh Fritillary. On pages 248 to 252 of the 2011 exemption report for the destruction of protected animal species, it is written that both species function in metapopulations with a dispersal distance of several kilometres between distinct areas which suggests a population exchange with at least three Natura 2000 areas for the Large Copper and at least one Natura 2000 area for the Marsh Fritillary. Because identified impacts of the road project include the destruction of individuals and larvae, the fragmentation of population cores and the destruction of favourable habitats, the road project could prevent the achievement of conservation objectives in the Natura 2000 areas in close proximity. This is a higher risk for the Marsh Fritillary due to its conservation status, unfavourable bad in Luxembourg and unfavourable inadequate in France (continental biogeographical region) according to the European Topic Centre on Biological Diversity, Great Crested Newt (Triturus cristatus): the proven impact of the project (see exemption report page 147) for this species on the route of the road is the destruction of migratory corridors on a local scale with isolation of populations at the west of the route. This impact Tél. : fax : wanadoo.fr - web : 2/4

6 could undermine the objectives established in the Natura 2000 areas LU and LU of maintaining a favourable conservation status for populations of this species. Other species (protected by annex II of Council Directive 92/43/EEC and by annex I of Council Directive 79/409/EEC) and habitats identified on the route of the project are also present on the Natura 2000 sites previously cited. Without impact assessment of this project, one may legitimately wonder whether their disruption or destruction will prevent objectives towards a favourable conservation status from being achieved. These habitats are Semi-natural dry grasslands and scrubland facies on calcareous substrates and Lowland hay meadows (nonexhaustive list) and the following species : Myotis bechsteinii, Myotis emarginatus, Myotis myotis, Rhinolophus ferrumequinum, Callimorpha quadripunctaria and possibly Felis sylvestris ; as well as Milvus migrans, Falco peregrinus, Pernis apivorus, Bubo bubo, Dryocopus martius, Dendrocopos medius, Lullula arborea, Lanius collurio, Alcedo athis (non-exhaustive list). It should be noted that the study concerning the wildcat (Felis syslvestris) is omitted from the initial environmental state and from the exemption report, and that flight paths and hunting areas for bats were insufficiently researched. It should also be noted that the Jersey Tiger (Eupaglia quadripunctaria) is not mentioned or researched in the studies, or the exemption report, despite this species being present throughout the study area for the road project and despite an objective being set on the site LU for the restoration of a favourable conservation status for these populations. The numerous impacts that this road construction project will have on these species and habitats (disturbance and destruction of individual members of species, destruction of calcareous grasslands and of ecological corridors, disturbance to established patterns of flight, fragmentation and isolation of various populations, significant increases in human presence on the site, substantial loss of areas of great natural interest, very high risk of collision with large fauna and destruction of amphibian breeding areas) are likely to affect the maintaining of populations in a favorable conservation status in Natura 2000 areas. Finally, above and beyond the obvious need to support and preserve the existing diverse populations of flora and fauna, we would like to draw to your attention very succinctly the legislation s outline to which this road building project is subject in particular of its impacts on Natura 2000 protected areas. Based on precautionary principles, the European Directive Habitats imposes an obligation to perform an impact assessment in cases where a Natura 2000 site may be affected by a project and where there exists a likelihood that the project could compromise the objective of the preservation of protected sites. There are numerous precedents in the decisions of the Court of Justice of the European Union that demonstrate its view that uncertainty regarding the effects of a given project necessitates the undertaking of an impact assessment. Additionally, French jurisprudence tends to reject the application of the letter of the national law (notably: Ordinance No of 11 th April 2011 which creates Article L of the Environmental Code that was in effect when the Declaration of public interest was adopted in 2005) given its overly restrictive approach to the goals of the directive. In view of the foregoing, we request that this road-building project be the subject of a Natura 2000 impact assessment. We believe that permission to start this work should not be granted without a Natura 2000 ecological impact assessment as, without such an investigation, there is nothing to indicate that these sites will not be damaged. The administration could incur liability by allowing work in breach of the mentioned provisions. In addition, this project has been the subject in 2009 of two procedures under the Water Act Tél. : fax : wanadoo.fr - web : 3/4

7 (declaration for the meurthe-et-mosellan part, and permission for the mosellan part), it is in fact subject to evaluation (the law No of 1 st august 2008 has specifically extended the implementation of impact assessments to installations subject to declaration). Taking into account all the foregoing points, we would ask that this road building project be the subject of a Natura 2000 ecological impact assessment. We feel that assessment should be undertaken concurrently and in cooperation with characterization of ecological and transboundary features soon initiated by various studies in the territory as part of Operation of national interest in the planning stages. Hoping that you will take action to preserve at long-term this ecological transboundary corridor, and waiting from you for clarifications about your intentions, please kindly accept, Excellencies, the expression of our sincere greetings. APPENDIX : APPENDIX 1 : Situation map (source MIRABEL LNE, December 2011) APPENDIX 2 : Outstanding listed natural areas and biological continuity (source l'atelier des Territoires, July 2011) APPENDIX 3 : Proposals outlined by the foreshadowing mission Alzette-Belval (source Mission de Préfiguration OIN Alzette-Belval, 25 th May 2011) APPENDIX 4 : English translation of the original text Tél. : fax : wanadoo.fr - web : 4/4

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