# CE2004078EN.01013401.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/134 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/134

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(2004/C 78 E/0136)

WRITTEN QUESTION P-2606/03

by Armin Laschet (PPE-DE) to the Commission

(14 August 2003)

Subject:   Discontinuation of the infringement proceedings against the Federal Republic of Germany in connection with the Avantis cross-border business park

Subject:

The 1997 and 2002 infringement proceedings against the Federal Republic of Germany in connection with the breach of the EU's flora, fauna and habitat (FFH) directive on the conservation of natural habitats and wild fauna and flora, and in this particular instance the field hamster, through the construction of the Avantis cross-border business park in Aachen-Heerlen have been discontinued.

On what grounds did the European Commission halt the proceedings?

Answer given by Mrs Wallström on behalf of the Commission

(12 September 2003)

(12 September 2003)

The transboundary industrial area ‘Avantis’ near Aachen (DE) and Heerlen (NL) was subject to an infringement procedure against Germany. The project was authorised in 1998 and has been implemented in part. As a consequence, breeding sites of the Common Hamster, Cricetus cricetus, a species subject to the protection regime under Article 12 of the Habitats Directive (1), have been destroyed.

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Under Article 16 of the Habitats Directive, the destruction of breeding sites of the Hamster may only be authorised if there is no satisfactory alternative and the derogation is not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range. Additionally, such a derogation is only possible for specific reasons listed in the Directive, inter alia for imperative reasons of overriding public interest, including those of a social or economic nature (Article 16 (1) (c)).

The German Government and the Commission do not agree whether all the conditions for a derogation under Article 16 of the Habitats Directive were fulfilled when the project was authorised.

However, Germany informed the Commission about compensation measures undertaken by the city of Aachen in the vicinity of the affected area and about a five-year Species Protection Plan for the Hamster in the region of North-Rhine Westfalia. The plan includes management agreements with farmers to improve the ecological quality of agricultural land for the enhancement of the hamster populations. The total cost of the programme is EUR 1,28 million (225 000 EUR/year). The agricultural area under Hamster-friendly management will be extended by some 200 hectares (ha) per year. Annual compensation payments for farmers will be around 1 000 EUR/ha. Community funding under the rural development programmes will be requested. In addition to this programme, the Land of North Rhine-Westphalia will participate in a Dutch/German pilot project for the re-introduction of the Common Hamster in areas where it has recently disappeared. The measures will be continuously monitored and reports will be made available to the Commission.

The Commission considers the proposed compensation measures and species protection plan, together with the German/Dutch re-introduction efforts, as being an effective package of measures to protect and promote the Common Hamster in North Rhine Westphalia. The measures will compensate for the negative impact of the new industrial area at the local level. As it appears unlikely that a continuation of the infringement procedure would provide any added value for the conservation of the Hamster the Commission decided to close the procedure on 9 July 2003.

This decision was based on the specific circumstances of the case. It should not be understood as a precedent allowing the circumvention of Article 12 and 16 of the Habitats Directive. The Commission expects full compliance with these provisions in all other cases.

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(1)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.

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