WRITTEN QUESTION E-0831/99

by Graham Watson (ELDR) to the Commission

(7 April 1999)

Subject: Habitats Directive and Birds Directive

The Somerset Levels and Moors are designated sites under the Habitats Directive and the Birds Directive. They form England's largest wetlands. The main industry in the area is dairy agriculture, which depends on excessive drainage of the wetlands to provide dry grazing land, intensive use of nitrate based fertilisers, deposit of nitrate rich silage and other such damaging practices.

What cooperation and policies exist involving the Directorate on the Environment and the Directorate on Agriculture to minimise conflict between traditional farming practices and environmental needs and to give encouragement and compensation to farmers for putting the environment first?

What advice and assistance do the two Directorates give to Member States to ensure compliance with the two Directives?

In addition, will the Commission state what steps the Commission has taken, or intends to take, given that there is prima facie evidence that the UK is failing to comply with its duties under the Directives in relation to the Somerset Levels and Moors?

The UK has apparently complied with its duties to provide a system of strict protection for species protected under Annex IV(a) of the Habitats Directive, by the introduction of the Conservation (Natural Habitats) Regulation 1994. This act makes it a criminal offence to disturb or interfere with species listed in Annex IV(a). What details has the Commission requested and/or received as to the extent of enforcement action taken by the agencies in the UK under the Regulations?

Answer given by Mrs Bjerregaard on behalf of the Commission

(5 May 1999)

An area called "Somerset levels and moors", covering 6 388 hectares (ha), has been classified by the United Kingdom as a special protection area (SPA) under Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1). This area has not been proposed by the United Kingdom under Article 4(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(2). While the SPA is extensive, there are several larger wetland SPAs in England (e.g. the Wash SPA covers 62 212 ha ).

It is for the Member State to decide on the most appropriate measures to ensure the conservation of the bird species for which the Somerset levels and moors has been classified as a SPA. This may include agri-environment measures such as those provided under Council Regulation (EEC) 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside(3).

Part of the Somerset levels and moors have indeed been designated by the United Kingdom authorities under the agri-environment Regulation (EEC No 2078/92), as the "Somerset levels and moors environmentally sensitive area (ESA)". Payments are made to farmers in the ESA who choose to perform a range of environmental services, including maintaining water levels at the appropriate level for the environment, and managing ecologically valuable grassland. Grassland measures include the reduction or total cessation of fertiliser use.

A range of Community policies aim to minimise conflict between farming and the environment. Until now, the main approaches have been firstly the agri-environment Regulation already mentioned and secondly mandatory environmental legislation (such as pesticide legislation, and Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(4)). The Agenda 2000 common agricultural policy (CAP) reform package introduces a new environmental protection requirement which will allow Member States to make the direct payments to farmers conditional on respecting specified minimum standards of environmental care.

The Directorates general for the Environment and Agriculture work closely together on these policies. For instance, the Agricultural Directorate general specifically consults the Environment Directorate general on all programmes under the agri-environment Regulation and the agreement of the latter is required before a programme can be approved. A recent Commission communication(5)"Directions towards sustainable agriculture" describes the current integration of environmental concerns into agricultural policy.

The Commission is not aware that the United Kingdom is failing to comply with its duties under Directive 79/409/EEC in relation to the Somerset levels and moors. If the Honourable Member provides any evidence, the Commission will investigate this matter.

Member States have to report on the implementation of the measures under Council Directive 92/43/EEC within six years of its entry into effect (i.e. by June 2000). With regard to the protection of species listed in its Annex IV(a) Member States are required to supply the Commission every two years with a report on any derogations from this system of strict protection in accordance with the conditions laid down in Article 16 of the Directive.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.

(3) OJ L 215, 30.7.1992.

(4) OJ L 375, 31.12.1991.

(5) COM(99) 22 final.