WRITTEN QUESTION E-2283/97 by Nel van Dijk (V) to the Commission (2 July 1997)

Subject: Spoonbills at risk from the Makkum North extension plan

On 3 June 1997 the Provincial Executive of Friesland decided to allow the controversial Makkum North project to go ahead. This project involves breaking through the Ijsselmeer dyke and digging a canal in the foraging area and biotope of the spoonbill. In its answer to my written question E-1186/96 ((OJ C 356, 25.11.1996, p. 14. )) the Commission says that 'this area has been identified as an important bird area, indicating that it qualifies for designation as an SPA' (special protection area). The Commission also says that 'given the importance of the whole area 'Friese Ijsselmeerkust' the Commission would favour a subsequent designation proposed ... by the Dutch government'.

1. Is the Commission aware of the decision by the Provincial Executive of Friesland?

2. Does the Commission think that the Makkum North plan which has now been approved contravenes the birds directive?

3. Has the Commission already received a reply to its question to the Dutch authorities of whether an environmental impact report is to be carried out? If so, what is the reply?

4. Has the Commission already received a reply to its request for clarification of the impact of the planned projects on conservation of the bird areas? If so, what was the reply?

5. Can the Commission reply to my previous question of whether it believes it is acceptable that the plans of the local authority of Wûnseradiel threaten to affect an area that received financial support totalling ECU 55 588 in the period 1986 to 1989 as part of Community action on the environment?

Answer given by Mrs Bjerregaard on behalf of the Commission (18 July 1997)

The Commission is unaware of the decision by the 'Gedeputeerde Staten' (local authority) of the Friesland Province of the Netherlands dated 3 June 1997 to permit the Makkum Noord project. As at 26 May 1997 the Commission was informed by the Netherlands that there was no question of a final determination having been made concerning the project and that the minister of Agriculture replied to questions in the Dutch Parliament to the effect that the significant characteristics of the Makkumer Noordwaard nature reserve would be adversely affected in an unacceptable manner by the project and furthermore, that the boundaries of the nature reserve which would need to be changed to permit the project to go ahead, would not be changed.

The Makkumer Noordwaard is located in the IJsselmeer, a wetland of international significance which has not been classified as a special protected area (SPA) under Directive 79/409/EEC on the conservation of wild birds ((OJ L 103, 25.4.1979. )). Within the IJsselmeer the area forms part of the Friese Ijsselmeerkust, for the protection of which Community funding has been provided. As a condition of that funding there is a requirement on Member States to classify the most appropriate areas as SPAs. The failure of the Netherlands to classify sufficient SPAs is the subject of infringement proceedings before the Court of justice ((Case C-3/96, Commission versus the Netherlands. )).

For those areas not classified as SPAs but which ornithologically qualify for such protection Member States are under an obligation to take measures to avoid the damage or deterioration of the habitat and habitats of the species concerned. Any plan or proposal likely to have a significant natural habitats effect on the area is required to be the subject of an appropriate assessment. Furthermore, under the requirements of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment ((OJ L 175, 5.7.1985. )) a project such as that proposed here is required to be assessed. In case of a negative assessment, for the implications for the site, a plan such as that proposed can only be carried out, in the absence of alternative solutions, for imperative reasons of overriding public interest and in such cases Member States must take all compensatory measures necessary.

It appears from information from the Netherlands, that the municipality of Wünseradiel on the basis of two pilot surveys into the ecological and economic consequences of the project, still had to decide whether to proceed further with the project and that after such a decision, there would have to be an official development plan ('bestemmingsplan') for the area which would need to conform with all the usual national legal procedures and that dependent upon such a decision and the final contents of any such development plan, it would be considered whether to carry out an environmental impact assessment procedure; and whether, and if so which, measures would be taken to protect the birds in the area concerned.

In the light of this information and the information from the Honourable Member, the Commission will write further to the Dutch authorities to seek clarification of the nature and state of the project and the manner in which the Dutch authorities will give effect to the relevant requirements of Community environmental law. On the basis of their response the Commission will consider whether, and to what extent, the Dutch authorities have complied with the relevant requirements of Community environmental law and the acceptability of the plans of the Wünseradiel municipality.