WRITTEN QUESTION E-1660/03

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

(19 May 2003)

Subject: Drying-out of the Kalmthoutse Heide

The municipality of Woensdrecht has authorised the utility company Delta Nutsbedrijven to drill two new wells in order to pump up groundwater for use in supplying drinking water. The location is at the edge of the border park De Zoom/Kalmthoutse Heide, which forms part of the Brabantse Wal area, designated under the wild birds directive.

In past, water abstraction has resulted in the drying-out of the Grote Meer and Kleine Meer lakes in the border park, the causal connection having been established by the TNO research institute.

The drying-out is endangering water-dependent and water-loving flora and fauna in the nature area and causing them to disappear.

Does the Commission agree that such operations ought not to be carried out in this Habitat area, in view of the visible adverse impact on flora and fauna?

Does the Commission agree that priority should be assigned to alternative options, such as drawing up plans to reduce water consumption, the use of a second water circuit (grey water) and abstraction of water from the Biesbosch?

Answer given by Mrs Wallström on behalf of the Commission

(27 June 2003)

Following Article 6, §3, of the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1) (Habitats Directive), which, pursuant to its Article 7, also applies to Special Protection Areas (SPAs) classified under the Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(2), any plan or project not directly connected with or necessary to the management of such a site but likely to have a significant effect thereon shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives.

An increased extraction of groundwater in the direct neighbourhood of the SPA Brabantse Wal might possibly have a negative effect on the conservation status of this site and the bird species for which the site was classified as a SPA. However, the information provided by the Honourable Member is not sufficient to conclude if that effect is likely to be significant. Therefore, before deciding whether or not the full protection regime under Article 6, §3 and 4, of Directive 92/43/EEC applies to the project, this key issue needs to be clarified. The Commission will ask the Dutch authorities if the possible effects of the project on the SPA Brabantse Wal have been evaluated and if so, what have been the results of that evaluation. The above mentioned protection regime includes inter alia the need for an appropriate assessment of the implications for the site in view of the site's conservation objectives. If it appears from such an assessment that the implications will be significant, the project may be carried out only in the absence of alternative solutions and if it is justified for imperative reasons of overriding public interest. It is clear that before taking a decision, the existence and feasibility of possible alternative solutions need to be thoroughly assessed.

(1) OJ L 206, 22.7.1992.

(2) OJ L 103, 25.4.1979.