WRITTEN QUESTION E-0916/98

by Heidi Hautala (V) to the Commission

(26 March 1998)

Subject: Tree-felling in contravention of Community legislation in Konikallio, near Forssa (Finland)

Directive 92/43/EEC(1) and its Annex IV specify the animal and plant species in respect of which deliberate disturbance, particularly during the period of breeding, rearing, hibernation and migration (Art. 12(1)(b)), and deterioration or destruction of breeding sites or resting places (Art. 12(1)(d)) is prohibited. These rules have also been incorporated into Finnish environmental protection legislation. The flying squirrel is included among the species in Annex IV, and therefore it is also a protected species which is covered by the provisions of the above-mentioned directive and environmental protection law. Among the EU Member States, the flying squirrel is found only in Finland where it is classified as endangered and its level of protection as poor.

Experts consider that the forest area of Konikallio near Forssa, in its entirety, is the best possible habitat for the flying squirrel. At the beginning of February 1998 felling began and a permit was obtained for gravel extraction which could clearly be regarded as having infringed, and still infringing, the above-mentioned provisions. No attempt was made in the course of felling to take account of the living requirements of the flying squirrel so as to prevent its breeding sites being deteriorated or destroyed. The felling was carried out at a time which disturbed the flying squirrels during their breeding season.

Research also indicates that the area is a habitat for seven species of bird referred to in the Annex to the Council Directive on the protection of wild birds (79/409/EEC)(2). The plans for the use of the area failed to take any account of this fact. The protection of bird species under Annex I of the Wild Birds Directive is a problem not just in the recent case in Konikallio, but especially in the ancient forests in Eastern and Northern Finland owned by the Finnish Government and managed by the national Forestry Administration.

What measures does the Commission propose to take to prevent more endangered species listed as endangered in the Natural Habitats and Wild Birds Directives from being destroyed before the Natura 2000 Community list is ratified? What penalties does the Commission intend to impose on Member States which permit Natura 2000 areas to be destroyed before the ratification of the network?

Answer given by Mrs Bjerregaard on behalf of the Commission

(10 June 1998)

As pointed out by the Honourable Member, Article 12 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of national habitats and of wild fauna and flora, the habitats Directive, requires the strict protection of animal species in its Annex IV (a) and prohibits deliberate disturbance and the deterioration or destruction of breeding sites or resting places.

A forest area of Konikallio in Finland hosting flying squirrels, an Annex IV (a) species, was subject to logging and gravel extraction. The environmental and forestry authorities excluded from logging a one hectare area to protect the nesting and resting trees of the squirrels. The logging proceeded without disturbing the flying squirrels, which were not breeding. The environmental impact of the gravel extraction was assessed and the size of the extraction area reduced. These measures were taken to safeguard the flying squirrels. The Commission has no reason to object to the way the case was handled.

The Honourable Member also refers to bird species of Annex I of the Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, the birds Directive, occurring at Konikallio. Despite the presence of these species the Commission has no scientific evidence to conclude that this area qualifies for protection under the birds Directive.

The habitats Directive requires sites of Community importance to be protected from the moment a Community list is adopted. Before that the Commission encourages the Member States to use means in the national legislation, such as temporary prohibitions, to prevent candidate sites from being destroyed. This encouragement is also reflected in the Community support to nature conservation projects under Council Regulation (EC) 1404/96 of 15 July 1996 amending Regulation (EEC) 1973/92 establishing a financial instrument for the environment (Life)(3) and environmentally friendly farming schemes under Council Regulation (EEC) 2078/92 of 30 June 1992 on agricultural protection methods compatible with the requirements of the protection of the environment aid the maintenance of the country side(4).

The Commission has no power to impose penalties on Member Sates in the circumstances mentioned. Any penalties that might arise can only be in accordance with the relevant legislation in the Member State concerned.

(1) OJ L 206, 22.7.1992, p. 7.

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

(3) OJ L 181, 20.7.1996.

(4) OJ L 215, 30.7.1992.