WRITTEN QUESTION E-0667/97 by Nel van Dijk (V) to the Commission (6 March 1997)

Subject: Plans for Aachen-Heerlen industrial estate contravene Habitats Directive

Back in 1995 I questioned the Commission on the protection of hamsters in Limburg (E-0950/95) ((OJ C 91, 27.3.1996, p. 1. )) and referred at the time to a number of projects which, in my view, contravene Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora ((OJ L 206, 22.7.1992, p. 7. )). In her answer, Commissioner Bjerregaard was awaiting particulars from the Dutch authorities in order to establish whether a derogation from Article 12 was required and would be granted in the cases to which I referred.

1. Has the Commission since received these particulars and is it now in a position to answer my question in full?

2. Is it aware that the planned cross-border industrial estate between Aachen and Heerlen represents a threat not only to the habitat of the common hamster (Cricetus Cricetus) but also to the following species of bat: daubenton's bat (Myotis daubentonii), the noctule bat (Nyctalus noctula), the pipistrelle bat (Pipistrellus pipistrellus), the brown long-eared bat (Plecotus auritus), the whiskered bat (Myotis mystacinus/brandtii) and the serotine bat (Eptesicus serotines)? Both the hamster and the abovementioned bat species feature in Annex IV to Directive 92/43/EEC.

3. What steps will the Commission be taking to guarantee stringent enforcement of Directive 92/43/EEC?

Answer given by Mrs Bjerregaard on behalf of the Commission (25 April 1997)

Following its answer of 1 December 1995 to Written Question E-0950/95, the Commission would like to offer the Honourable Member the following further information.

Article 12 of Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the habitats Directive) ((OJ L 206, 22.7.1992. )) requires Member States to 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 the deliberate disturbance of these species and the deterioration or destruction of breeding sites or resting places. As mentioned in the previous answer, the hamster (Cricetus cricetus) is in Annex IV, as are indeed the species of bat mentioned by the Honourable Member.

Where inquiries show that certain land development, infrastructure or construction projects are damaging or destroying protected species such as hamsters or bats, the Commission will of course seek to ensure that the requirements of the habitats Directive are complied with.

According to Article 16 of the habitats Directive, Member States may, under certain conditions, derogate from the provisions of Article 12.

As for the projects mentioned to in Written Question E-0950/95, the Commission has received information indicating that the obligations under the habitats Directive are met and that the effects on the hamster population are taken into account.

The Commission can inform the Honourable Member that the environmental impact assessment carried out for the proposed cross-border Aachen-Heerlen economic development area has taken into account the effects on the bats in addition to the effects on the hamster.