WRITTEN QUESTION E-1186/96 by Nel van Dijk (V) to the Commission (15 May 1996)

Subject: Endangered spoonbills in Wûnseradiel

The local authority of Wûnseradiel in the Netherlands will be taking a decision, in the foreseeable future, on expanding the village of Makkum to include luxury villas and an industrial estate ((Leeuwarder Courant, 22 and 23 April 1996. )). An area of 26 hectares is involved and there are three options. The mayor and executive have proposed that the council opt for expansion on the northern side of Makkum.

This will have a major impact on the Noordwaard nature conservation area. This area is covered by the Nature Conservation Law of the Netherlands. It is an overwintering area for very many birds, including the protected cormorant and scaup. It is also a breeding ground for the extremely rare spoonbill which is protected in Europe. The 20 to 30 spoonbills settling in the Noordwaard account for 1% of the international population.

1. Does the Commission believe that the presence of bird varieties such as the spoonbill, which appears in Annex I of Directive 79/409/EEC on the conservation of wild birds, makes the Noordwaard a nature conservation area requiring the special protection?

2. Does the Commission believe that the proposal to expand Makkum northwards therefore violates the wild birds directive? If so, what action will it take?

Answer given by Mrs Bjerregaard on behalf of the Commission (24 June 1996)

Article 4 of Directive 79/409/EEC ((OJ L 103, 25.4.1979. )) (commonly known as the birds Directive) requires Member States to take specific protection measures concerning habitats of bird species especially those mentioned in Annex I of this Directive including the classification and protection of the most suitable territories for these species as special protection areas (SPAs).

The area 'Makkumer Noordwaard' is not yet designated as an SPA according to Article 4 of this Directive. However, this area has been identified as an important bird area ((Grimmet & Jones 1989: Important bird areas in Europe/Van Den Tempel & Osieck 1994: Areas important for birds in the Netherlands. )), indicating that it qualifies for designation as an SPA. The Netherlands authorities have confirmed that they intend such a designation. The 'Makkumer Noordwaard' is part of the area 'Friese Ijsselmeerkust' (protected under national law) being of especially high importance for birds such as Aythia marila ((Annex II/2 Birds Directive No. 30. Scaup, Fuligule milouimin, Borgente, Toppercend. )) and Chlidonias niger ((Annex I Birds Directive No 118: Black Tern, Guifette noire, Trauerseeschwalbe, Zwarte Stern. )). A conservation project in this area was supported under the Community action for the environment (ACE) Regulation ((OJ L 207, 29.7.1987. )) between 1986-1989 (Community contribution 55.588 ECU).

1. As far as the spoonbill (Platalea leucorodia) is concerned the area may be one of several resting places but there is according to the appropriate literature no indication of an actual supra-regional importance of Makkumer Noordwaard for this species. The most suitable territories for the spoonbill in the Netherlands have largely already been protected as SPAs and Member States have a margin of discretion in the choice of areas to be designated as SPA. However given the specific bird importance of the whole area 'Friese Ijsselmeerkust' the Commission would favour a subsequent designation proposed - as it seems already intended for the Makkumer Noordwaard - by the Dutch government.

2. Although the area Makkumer Noordwaard is situated to the west of Makkum and the enlargement foreseen is in the north, the Commission cannot exclude the possibility of effects on areas of importance under the birds Directive. The Commission is aware that the local community is analysing the effects of the expansion plans on the area Makkumer Noordwaard. The Commission will therefore write to the Dutch authorities to seek information about this project and how Community law, especially in relation to obligations of the birds Directive and habitats Directive (Directive 92/43) ((OJ L 206, 22.7.1992. )) will be respected.