WRITTEN QUESTION E-3339/02

by Ria Oomen-Ruijten (PPE-DE) to the Commission

(26 November 2002)

Subject: Objections to the Netherlands Ministry of Agriculture, Nature Management and Fisheries' attitude to the Laarbruch airfield and the De Maasduinen national park

In a letter dated 30 September 2002 to the Netherlands Minister of Transport and Public Works concerning the Laarbruch airfield in Germany, the Netherlands Ministry of Agriculture, Nature Management and Fisheries concludes, on the basis that no data are available for the species of birds occurring in the area, that the conversion of the Laarbruch airfield would have no significant effect on the De Maasduinen national park in the Netherlands, which is covered by the Birds Directive.

1. Can the Commission explain why the Netherlands Ministry of Agriculture, Nature Management and Fisheries can claim that insufficient data are available concerning the qualifying species of birds occurring in the De Maasduinen park, given that the park was classified as a special protection area under the Birds and Habitats Directive in March 2000 specifically on the basis of the qualifying species of birds found there?

2. What measures might the Commission envisage if the position of the Netherlands Ministry for Agriculture, Nature Management and Fisheries in fact proves to be in breach of existing European regulations, and in particular the Birds and Habitats Directive?

Answer given by Mrs Wallström on behalf of the Commission

(13 January 2003)

1. The Commission can confirm that the site Park De Maasduinen was classified by the Dutch government as a Special Protection Area (SPA) following Article 4 (1) of Council Directive 79/409/EC of 2 April 1979 on the conservation of the wild birds(1). The Commission has no information, however, on the reasons why the Dutch authorities claim that there are insufficient data available on the birds species occurring in that area, as a list of such species was communicated to the Commission when the area was designated as an SPA.

2. Following Article 6 of the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(2) (Habitats Directive), which also applies to SPAs under the Birds Directive, any plan or project not directly connected with or necessary to the management of such a site but likely to have a significant effect thereon shall be subject to appropriate assessment of its implications for the site. The responsibility for implementing these requirements lies with the Member State where such a plan or project is carried out, in this case the Federal Republic of Germany.

The Commission was informed about the project in the context of several complaints concerning the correct application of the Council Directive 85/337 EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(3) as amended by Directive 97/11/EC of 3 March 1997(4). These complaints are currently under assessment. However, at the moment, the Commission has no information whether the project might have a significant impact on the SPA Park De Maasduinen.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.

(3) OJ L 175, 5.7.1985.

(4) Amendments by Directive 97/11/EC OJ L 73, 14.3.1997.