WRITTEN QUESTION E-3442/97 by Nel van Dijk (V) to the Commission (31 October 1997)

Subject: Deliberate destruction of hamsters and harm to their colonies

In Limburg farmers still plough out hamster colonies ((Algemeen Dagblad, 18 September 1997. )).

See also Is er nog redding voor de hamster? - Weer een Nederlandse diersoort met uitsterven bedreigd, press report from the Institute for Forestry and Nature Research of the Ministry for Agriculture, Nature Management and Fisheries, September 1997.

Does the Commission consider this practice, in particular where it concerns listed colonies, acceptable in the light of the Habitats Directive ((Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats of wild fauna and flora, OJ L206, 22.7.1992, p.7. The hamster is listed in Appendix IV. )), Article 12 of which requires Member States to prohibit the deliberate destruction of species protected by this Directive and the deterioration or destruction of breeding sites or resting places?

Will the Commission urge the Netherlands Government to ensure that the authorities responsible are more stringent in ensuring compliance with this ban?

Answer given by Mrs Bjerregaard on behalf of the Commission (15 December 1997)

With reference to the question from the Honourable Member about deliberate destruction of hamsters and harm to their colonies by Limburg farmers, the Commission informs the Honourable Member that in principle it considers the alleged practice of ploughing out hamster colonies to be contrary to Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora ('the Habitats Directive'), which prohibits the deliberate disturbance of these species and the deterioration or destruction of breeding sites or resting places.

Article 12 of that Directive provides that Member States shall take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV (a) in their natural range, prohibiting all forms of deliberate capture or killing of specimens of these species in the wild, the deliberate disturbance of these species and the deterioration or destruction of breeding sites or resting places. The hamster (Cricetus cricetus) is included in Annex IV.

The hamster is also protected in the framework of Dutch national nature protection legislation, as a consequence of which it is prohibited to catch or kill the species in question.

However, according to Article 16 of the Habitats Directive, Member States may derogate from the provisions of Article 12, provided that 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. Such derogation can only be used, inter alia, in the interest of protecting wild fauna and flora and conserving natural habitats; to prevent serious damage, in particular to crops, livestock, forests, fisheries and water and other types of property; in the interest of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.

In the light of the question of the Honourable Member, the Commission will enquire of the Dutch authorities detailed information on the nature of the destruction and the reasons for disturbing the species. If the results of these enquiries show that certain land development or practices by farmers are damaging or destroying protected species such as hamsters, contrary to the Habitats Directive, the Commission will seek to ensure that the requirements of the Directive are complied with.