WRITTEN QUESTION P-1645/99

by Alexander de Roo (Verts/ALE) to the Commission

(13 September 1999)

Subject: Compliance with the wild birds directive sludge dump off Uitdam (Netherlands)

Is the Commission aware that the province of North Holland and the Ministry of Public Works are intending to create a dump for toxic dredger sludge in the Ijmeer off Uitdam?

Is the Commission aware that the Ijmeer is a core area within the network of protected areas?

Is the Commission aware that the Netherlands government intends to designate the Ijmeer as part of the Ijsselmeer a special protection zone in the context of Natura 2000?

Is the Commission aware that creating a dredge dump (with a diameter of 1 500 m) at this location violates the European wild birds directive (79/409EEC(1)), given the risk of a leak affecting the natural environment and threatening the natural habitat of well-known breeding birds and non-breeding birds such as the osprey, Bewick's swan and spoonbill?

Is the Commission prepared to call on the Netherlands government to induce the province of North Holland and the Ministry of Public Works to abandon this plan?

Does the Commission take the view that sustainable alternatives to the removal of dredged spoils (class 4) have been developed and will be able to compete with dumping in the near future?

Is the Commission prepared to promote, directly or indirectly, the further development of alternatives, such as converting dredging waste to building materials and secondary materials?

What action does the Commission intend to take to oblige the Netherlands to comply in full with the wild birds directive and Natura 2000?

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

Answer given by Mrs Wallström on behalf of the Commission

(18 October 1999)

The Commission is not aware of the facts raised by the Honourable Member.

The Commission is not aware that the Ijmeer is a core area within the network of protected areas. However, this does not concern Community law. Community law is only concerned if the Ijmeer meets the criteria set out in Council Directive 79/0409/EEC of 2 April 1979 on the conservation of wild birds or Council Directive 92/0043/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna(1).

The Commission is aware that the Ijmeer is an important bird area (IBA). The Court of justice pointed out in its judgement of 19 May 1998 that IBA 1994 can be used as a guideline for the designation of special protection areas under Directive 79/0409/EEC. Moreover, the Court declared that the Netherlands has failed to designate a sufficient number of the most suitable areas. The Netherlands still fails to fulfil its obligations. This is the subject of a new infringement procedure on the basis of Article 228 (ex article 171) of the EC Treaty. Recently the Netherlands stated that the designation of the areas will take place towards the end of this year. The Ijmeer is also mentioned in the Dutch proposal for the designation of areas pursuant to Directive 79/0409/EEC. This proposal has been submitted to a public hearing procedure which continues.

Pursuant to Article 7 of Directive 92/0043/EEC Article 6(3) and Article 6(4) of that directive apply to an area that falls under Directive 79/0409/EEC. Any plan or project likely to have a significant effect on an area shall be subject to an appropriate assessment of its implications for the area and may not adversely

affect the integrity of the area. If a plan or project has such an effect, it can only be allowed if the authorities demonstrate that there are no alternative solutions and that the plan or project has to be carried out for imperative reasons of overriding public interest. In addition, they have to take all compensatory measures that are necessary to ensure that the overall coherence of Natura 2000 is protected. Because the Commission has not received any information about the project, it can not affirm that the effects mentioned in the question will take place.

The Commission will ask the Netherlands for information about the project in particular about the compliance with Articles 6(3) and 6(4) of Directive 92/0043/EEC. Furthermore, the Commission will insist on the compliance by the Dutch authorities with Directive 79/0409/EEC as well as Directive 92/0043/EEC.

Alternatives for the removal of dredging sludge have to be judged in the procedure pursuant to Article 6(3) and Article 6(4) of Directive 92/0043/EEC (see above).

The Commission started infringement proceedings to get the Netherlands to notify the areas that have to be proposed under Directive 92/0043/EEC. The Netherlands notified the areas recently. At the moment, this notification is under assessment in the framework of the biogeographical meetings of the Atlantic Region.

(1) OJ L 206, 22.7.1992.