WRITTEN QUESTION E-3443/97 by Nel van Dijk (V) to the Commission (31 October 1997)

Subject: The extremely serious situation of hamsters in the Netherlands

1. Is the Commission aware that for hamsters in Limburg the distribution range is declining constantly and (...) the number of colonies is falling sharply so that the situation is extremely serious ((Is er nog redding voor de hamster? - Weer een Nederlandse diersoort met uitsterven bedreigd, press report from the Institute for Forestry and Nature Research of the Ministry for Agriculture, Nature Management and Fisheries, September 1997. ))?

2. Is the Commission aware that, two and a half years after the announcement of the Hamster Action Plan by the Netherlands Minister for Agriculture, Nature Management and Fisheries, the question of saving the hamster is still being studied ((See footnote 1. ))?

3. Is the Commission aware that at present there is not yet any money for the rescue operation ((See footnote 1. Also: Algemeen Dagblad, 18 September 1997 ))?

4. What action has the Commission taken in the meantime in response to my earlier questions, P-0930/95 ((OJ C 79, 18.3.1996, p. 2. )), E-0950/95 ((OJ C 91, 27.3.1996, p. 1. )) and E-0667/97 ((OJ C 319,18.10.1997, p. 153. )), on hamsters in Limburg and compliance with the Habitats Directive ((Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats of wild fauna and flora, OJ L 206, 22.7.1992, p.7. The hamster is listed in Appendix IV. )) and what is the outcome of this action?

5. How far must the number of hamster colonies in Limburg fall, now only 99 according to the most recent survey, before the Commission institutes infringement proceedings against the Netherlands?

Answer given by Mrs Bjerregaard on behalf of the Commission (15 December 1997)

The Commission agrees with the Honourable Member that the situation of the hamster seems to be serious, and that the declining distribution range for hamsters in Limburg and the falling number of colonies would be contrary to the objectives of Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive), which strive for a favourable conservation status in the species' natural range and provide for management measures for the protected species, if their conservation status so warrants.

Article 12 of the Directive provides that Member States shall 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 all forms of deliberate capture or killing of specimens of these species in the wild, the deliberate disturbance of these species and the deterioration or destruction of breeding sites or resting places. The hamster (cricetus cricetus) is referred to in Annex IV.

According to Article 12 (4) of the Directive, the Member States shall establish a system to monitor the incidental capture and killing of the animal species listed in Annex IV (a) and in the light of the information gathered, they shall take further research or conservation measures as required to ensure that incidental capture and killing does not have a significant negative impact on the species concerned.

The Commission has been informed by the Dutch authorities that plans regarding the protection of the hamster have been established which contain special protection measures and which give an overview of the action undertaken and to be undertaken by the authorities for the purpose of protecting the hamster. Also, the Commission has been informed by the Dutch authorities that they plan to establish a further special protection plan for the hamster in 1999. In the light of the question of the Honourable Member, the Commission will ask the Dutch authorities for more details about the actual situation of the hamster in Limburg and the measures they plan to take to remedy the situation as soon as possible.

As regards the action taken by the Commission in response to earlier questions by the Honourable Member and the outcome of this action, the Commission can inform the Honourable Member that information has been requested from the Dutch authorities about the projects concerned and the protection of the hamster. It appears from the information provided by the Dutch authorities that hamsters are likely to be adversely affected by the 'A73 motorway-project' and the 'Heerlen-Aken-project'. As regards the 'A73 motorway-project', it was estimated that a potential habitat of about 160 hectares would be lost for the hamster, which will be compensated by the designation of an area of 200 hectares, to maintain the hamsters at a favourable conservation status in their natural range. As regards the 'Heerlen-Aken-project', similarly, compensatory measures are planned to maintain the hamsters at a favourable conservation status in their natural range. As regards the 'Maastricht-Aken airport project' and the 'Margraten project', further research is being undertaken to assess the effects of these projects on the hamster. The question whether compensatory or mitigatory measures need to be taken for the purpose of protecting the hamster will be examined. As for the 'Roerdal, Mergelland, Centraal plateau-project', the Commission was informed that this area is now part of a nature reserve where no disturbing activities are to occur. In the area, special projects are taking place to test measures to maintain the hamster at a favourable conservation status in their natural range.

In conclusion, as regards the general situation of the hamster in Limburg, the Commission will enquire of the Dutch authorities more details about the general situation of the species and remind them of their obligations under the Habitats Directive to protect hamsters. The Commission will seek to ensure compliance with the Habitats Directive if the results of these enquiries show that the Directive is infringed. In relation to the projects mentioned above, the Commission will closely follow the progress made on the hamster protection measures to see whether the requirements of the Directive are complied with.