WRITTEN QUESTION E-1084/02

by Bart Staes (Verts/ALE) to the Commission

(18 April 2002)

Subject: Restarting of work on the Deurganck dock and compensatory measures announced by the Flemish authorities

On 14 December 2001 the Flemish Parliament adopted a decree declaring that the works, operations and facilities required to construct the Deurganck dock on the left bank of the Scheldt and bring it into operation were of urgent general and strategic interest (Belgian Official Journal, 20 December 2001).

In accordance with Article 6(2), (3) and (4) of the Habitats Directive 92/43/EEC(1), the following compensatory measures have been taken:

(a) area for meadow birds located in an area of controlled flooding in the Kruibeke-Bazel-Rupelmonde zone;

(b) Paardenschor salt marsh;

(c) creek at the level of Paardenschor;

(d) freshwater creek in the buffer zone (Zuid-West B);

(e) Drydijck pool including an environmental buffer zone;

(f) areas for meadow birds in Doelpolder noord (V) and in the temporary meadow birds area Putten West (ZTA);

(g) improvement of the environmental quality of polders in plots belonging to the Flemish government;

(h) temporary and permanent management of lakes in Putten Plas and other lakes in Z2;

(i) temporary installation of Zwijnrecht, ex-Doeldok and Z2 discharge areas.

Article 4 of the decree states that the Flemish government must ensure the proper application of the EIR Directive 85/337/EEC(2), Articles 3 and 4 of the Birds Directive 79/409/EEC(3) and Articles 6(2) to (4) of the Habitats Directive 92/43/EEC, before granting the necessary building permits.

In accordance with Articles 3 and 4 of the Birds Directive 79/409/EEC and Article 6(4) of the Habitats Directive 92/43/EEC, applicants for urban planning permission are also required to take all the necessary steps to ensure that compensatory measures are carried out and to guarantee that the general environment of Natura 2000 is maintained.

On 29 March 2002 the Flemish Parliament confirmed the planning permissions granted by the Flemish government on 18 March 2002 pursuant to the Decree of 14 December 2001.

Can the European Commission say whether or not it considers that the Flemish government has satisfied the requirements of European legislation in this matter? Do the compensatory measures described above meet the requirements of the Habitats Directive?

If not, can the Commission say what steps must be taken to meet the conditions imposed by the European Union?

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

(2) OJ L 175, 5.7.1985, p. 40.

(3) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(4 June 2002)

The Commission has been informed about the facts raised by the Honourable Member during a meeting with the Flemish regional authorities on 26 October 2001 and from documentation it received from the Flemish regional authorities after this meeting.

The Commission notes that the compensation programme mentioned by the Honourable Member is related to its investigation that started after complaints were received concerning the building of two docks in the Special Protection Area (SPA) Schorren en Polders van de Beneden-Schelde, the Verrebroeck-dock and the Deurganck-dock.

The Commission has been informed by the Flemish authorities about the adoption on 14 December 2001 of a decree declaring that the works, operations and facilities required to construct the Deurganck dock on the left bank of the Scheldt and bring it into operation were of urgent general and strategic interest.

The Commission has learned from the electronic press service of the Flemish Community that building permits were given on 18 March 2002 to continue the construction of the Deurganck-dock pursuant to the Decree adopted on 14 December 2001.

The Commission holds the view that for public works which have to be realised for imperative reasons of public interest, which have a negative effect on a Natura 2000 site and for which no alternative can be found, it is required to take all the necessary steps to ensure that compensatory measures are carried in order to guarantee that the overall coherence of Natura 2000 is maintained.

The Commission wishes to point out that the compensation measures proposed by the Flemish authorities and mentioned by the Honourable Member are in the planning or concept stage, as are other compensation measures already proposed before in relation to the same cases. On the whole, none of these compensation measures have been yet realised and to the present day, the Commission has not received any information regarding the starting of works to realise any of them.