WRITTEN QUESTION No. 1120/97 by Doeke EISMA to the Commission. Plans to build in the Ijmeer (Netherlands)
Date: 1997-03-19
Institutions: EISMA, European Parliament
Subjects: North Holland, application of EU law, building plot, environmental impact, environmental protection, housing policy, impact study, protected area, protection of animal life













EUR-Lex - 91997E1120 - EN






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91997E1120

WRITTEN QUESTION No. 1120/97 by Doeke EISMA to the Commission. Plans to build in the Ijmeer (Netherlands)  


Official Journal C 319 , 18/10/1997 P. 0232 





WRITTEN QUESTION P-1120/97 by Doeke Eisma (ELDR) to the Commission (19 March 1997)Subject: Plans to build in the Ijmeer (Netherlands)In view of the plans of the city of Amsterdam to build homes in the Ijmeer, can the Commission answer the following questions:1. Is the Commission aware of Amsterdam city's building plans in the Ijmeer? Does it the know how many homes are involved?2. Does the Commission feel that the existing plans are in line with European legislation, and in particular the natural habitats directive and the wild birds directive?3. Has a limit been set to the maximum area of the Ijmeer which can be used for building? If not, would any further development be in line with the EU natural habitats directive and the wild birds directive?Answer given by Mrs Bjerregaard on behalf of the Commission (21 April 1997)The Commission does not have sufficient information to take position on the Ijmeer building project and therefore can not say whether Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna ((OJ L 206, 22.7.1992. )) or Directive 79/409/EEC on the conservation of wild birds ((OJ L 103, 25.4.1979. )) or other Community environmental legislation is likely to be infringed by the plans in question. The Commission can however provide the Honourable Member with the following information.In November 1994 the Netherlands authorities designated under Aticle 4 of the birds Directive a special protection area 'Ijmeer, Gooimeer and Eemeer'. Only part of the Ijmeer has been designated as a special protection area. To be more precise, the part designated is in the south-eastern distal part of the Ijmeer close to the town of Muiden.Under Article 6 and 7 of the habitats directive, Member States shall take appropriate steps to avoid disturbance of the species for which the area has been designated, in so far as such disturbance could be significant in relation to the objectives of the Directive. According to Article 6 (3) of the Directive, any plan or project likely to have a significant effect on the management of the designated site, must be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives.In principle, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public. Nonetheless, according to Article 6 (4), it is possible under certain conditions to carry out the plan or project, in spite of a negative assessment of the implications for the site.Since, as stated above, only part of the Ijmeer has been designated as a special protection area, it is unclear in the absence of more detailed information whether the Amsterdam building project in question is likely to affect the designated areas. Therefore, the Honourable Member is invited to send detailed information for further examination to the Commission.