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(2004/C 33 E/265)

WRITTEN QUESTION P-2375/03

by Alexander de Roo (Verts/ALE) to the Commission

(16 July 2003)

Subject:   Eider ducks threatened by the cockle-fishing industry

According to a report published in the 5 July 2003 edition of the Dutch newspaper NRC Handelsblad, it has been proved that commercial industrial fishing for shellfish in the Wadden Sea has an adverse effect on shellfish-eating birds. A team of biologists noted a significant fall — of at least 50 % — in the number of eider ducks (Somateria Mollissima).

The Wadden Sea Association has found that industrial fishing for cockles destroys the entire ecosystem because it ploughs up the seabed.

The Netherlands Wadden and Bird Protection Association is demanding an end to cockle-fishing in the Wadden Sea in order to prevent the mass destruction of eider ducks. In the winter of 1999/2000, 21 000 dead birds were recorded. Recent research has shown a direct connection between the shortage of shellfish and the deaths of eider ducks. The theory that parasites might be the cause of death has been ruled out.

Pursuant to Article 6(2) of Directive 92/43/EEC (1), Member States must take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of the Directive.

That provision applies to existing activities in a special area of conservation which might adversely affect the conservation of wild birds. Implementation of that provision may entail the adaptation or cessation of such activities.

Does the European Commission share my view that this new information must result in measures being taken to protect bird species covered by the Wild Birds Directive?

Answer given by Mrs Wallström on behalf of the Commission

(29 August 2003)

In 2001, the Commission opened two cases, one relating to a Key Planning Decision regarding i.a. the industrial fishing for shellfish and military activities in the Wadden Sea (case 2001/2164) and a second one relating directly to the adverse effects of shellfish harvesting in the Wadden Sea on the populations of wild birds (case 2001/4491). The Wadden Sea has been designated by the Netherlands as a Special Protection Area (SPA) under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (2) (Birds Directive) and has been put forward as a proposed Site of Community Importance (pSCI) under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3) (‘Habitats Directive’). The cases concern the possible infringement by the Netherlands of Article 6(2), 6(3) and 6(4) of the Habitats Directive, which, pursuant to its Article 7, also applies to Special Protection Areas (SPAs) classified under the Birds Directive.

The assessment of these cases is ongoing. The possible establishment of a clear causal relationship between the shell fisheries and the recorded deaths of wild birds is of crucial importance in this matter. The Commission will include the information provided by the Honourable Member into its assessment in order to determine whether the requirements of the Birds and Habitats Directives have been complied with by the Netherlands.

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(1)OJ L 206, 22.7.1992, p. 7.

(2)OJ L 103, 25.4.1979.

(3)OJ L 206, 22.7.1992.

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