WRITTEN QUESTION P-0309/00

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

(4 February 2000)

Subject: De Zoom Kalmthoutse Heide border park development

The Benelux Council has launched a project to develop the De Zoom Kalmthoutse Heide border park. A management and organisation plan has been drawn up under which work can be carried out on the conservation, management and development of the park's biological, ecological and cultural-historical assets, taking the different resources that the area possesses into account.

As reported in the BN/de Stem newspaper (16 December 1999), the process of drawing water from within the area is causing the land to dry out in the Groote Meer estate. Thousands of nesting sites for at least 25 different bird species have already disappeared. It is also feared that development of the border park will result in a massive increase in visitors to the area.

1. What action will the Commission take to prevent further drying out of land in the area, and if necessary to raise the water table?

2. Does the Commission agree that any increase in large-scale visitor activity in a bird habitat conflicts with the principles underlying the Birds Directive (79/409/EEC)(1).

3. Does the Commission share my view that the most vulnerable areas should be closed to the public, except possibly for small-scale educational visits?

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

Answer given by Mrs Wallström on behalf of the Commission

(2 March 2000)

The grenspark De Zoom-Kalmthoutse Heide is situated partially in Belgium and partially in the Netherlands.

The Belgian part of the site has been designated as a special protection area (SPA), called Kalmthoutse Heide, in accordance with Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds. The Dutch part has been designated as a site of Community interest (SIC), called Ossendrecht, in accordance with Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna(1). The Dutch authorities have announced that they will also designate the site as a SPA.

Pursuant to Article 7 of Directive 92/43/EEC, Articles 6(2), 6(3) and 6(4) of that directive apply to the site.

The activities that are mentioned in the question, water extraction and mass recreation, can not be considered as a plan or project in the sense of Article 6(3). Therefore Articles 6(3) and 6(4) do not apply in this case. Because the activities already exist, only Article 6(2) applies to the case in question. This provision prescribes that Member States shall take appropriate steps to avoid the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas in question have been designated, in so far as such disturbance could be significant in relation to the objectives of the directive.

In reply to the first question it should in particular be noted that it is up to the Member States to take steps to comply with Article 6(2) of Directive 92/43/EEC, and not the Commission. The Commission lacks specific information about De Zoom-Kalmthoutse Heide, so it is not able to judge if measures have to be taken to prevent further drying out of the site. For the same reason the Commission is not able to take a position with respect to the issues that are raised in the second and third questions.

The Commission is taking the necessary steps to obtain further information about the application of Article 6(2) of Directive 92/43/EEC with respect to De Zoom-Kalmthoutse Heide. If necessary it will take further steps to ensure that the national authorities comply with this provision.

(1) OJ L 206, 22.7.1992.