WRITTEN QUESTION E-1402/03 by Alexander de Roo (Verts/ALE) to the Commission. Network of protected areas under threat in the Netherlands.
Date: 2003-04-16
Institutions: European Parliament, Provisional data
Subjects: EC Directive, EU control, European Commission, Netherlands, application of EU law, protected area, protection of animal life, protection of plant life

21.11.2003

EN

Official Journal of the European Union

C 280 E/137

guarantees and lack of information, have generated great concern in Europe (imbalances in European
markets) and are directly undermining the balance in relations between banks and consumers?

(1) OJ L 95, 21.4.1993, p. 29.

Answer given by Mr Byrne on behalf of the Commission

(18 June 2003)

As the Honourable Member pointed out, the Commission already assists Member States in the application
of Council Directive 93/13/EC of 5 April 1993 on unfair terms in consumer contracts, by continuously
updating the CLAB-database that provides to date for about 9,000 entries of examples of unfair terms.
A conference was held in July 1999 on experience with the Directive, which involved a workshop on the
application of the Unfair Terms Directive to financial services and new technologies. Its findings have been
published in a document ‘The Unfair Terms Directive (cid:1) Five Years On’. The Commission has also
published, on 27 April 2000, a Report on the implementation of Directive 93/13/EC on unfair terms on
consumer contracts (1). The Commission has therefore taken its supervisory role very seriously and
provides assistance to legal practitioners as far as its powers reach. However, the day-to-day enforcement
of the Directive is the responsibility of the Member States.

in its Consumer Policy Strategy,

the Commission committed itself to a review of the
Nevertheless,
consumer acquis after the adoption of a Framework Directive on Unfair Commercial Practices that is
currently being prepared. Moreover, the work to be undertaken following the adoption of an ‘Action Plan
on a More Coherent European Contract Law’ of 12 February 2003 (2) will have an impact on a reform of
the Unfair Terms Directive as a part of the contract law acquis.

As far as consumer credit agreements are concerned, Council Directive 87/102/EEC of 22 December 1986
for the approximation of the laws, regulations and administrative provisions of Member States concerning
consumer credit (3), as last amended by Directive 98/7/EC of the Parliament and of the Council of
16 February 1998 (4), already provides for a certain level of protection. A thoroughly revised Directive has
been proposed by the Commission in September 2002 (5) and is currently being debated.

In its proposal, the Commission puts forward a new provision regarding unfair contract terms in the field
of consumer credit contracts. This article aims at establishing an ad hoc regime for some contractual terms
to be considered as unfair, without prejudice to the application of Directive 93/13/EC.

(1) COM(2000) 248 final.
(2) OJ C 63, 15.3.2003.
(3) OJ L 42, 12.2.1987.
(4) OJ L 101, 1.4.1998.
(5) OJ C 331 E, 31.12.2002.

(2003/C 280 E/156)

WRITTEN QUESTION E-1402/03

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

(16 April 2003)

Subject: Network of protected areas under threat in the Netherlands

The survival of almost half the vertebrates and butterflies in the Netherlands will come under threat if
current government policy continues. This has emerged from a study carried out by Alterra (Quick Scan
policy changes in the Network of protected areas, 18 February 2003) commissioned by the Council for
Rural Areas. This was an investigative study into the consequences of government policy for species of
animals and plants. This policy involves delaying the introduction of the Network of protected areas (EHS)
because of a cut in the purchasing budget. This delay means that there is a less vigorous approach to
combating the erosion of the countryside.

C 280 E/138

Official Journal of the European Union

EN

21.11.2003

The Council
18 February 2003 entitled ‘Champagne taste on a beer budget’.

for Rural Areas makes similar comments on government policy in its statement of

The Council calls on the national government:

(cid:1) to continue to accept its responsibility for creating the Network of protected areas in full;

(cid:1) to ensure that resources are available to achieve the objectives set;

(cid:1) to create forms of financing to allow these resources to be used so that sustainable funding is available

for the countryside now and in the future;

(cid:1) to use every opportunity to create the Network of protected areas and actively promote the

participation of the farming community and private individuals in nature conservation.

Is the European Commission aware of the contents of the above publications?

Does the European Commission share the concern about Netherlands government policy on the Network
of protected areas?

Is the European Commission prepared to insist that the Netherlands government complies with its
responsibility to implement the Birds and Habitats Directive in full?

Answer given by Mrs Wallström on behalf of the Commission

(5 June 2003)

As for all other Member States, the Commission is monitoring the implementation of the Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds (1)
(Birds Directive) and the Council
Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora (2) (Habitats Directive) in the Netherlands. With the designation of 76 Special Protection Areas under
the Birds Directive and with 78 proposed Sites of Community Importance under the Habitats Directive, the
Netherlands made their
first contributions to the Natura 2000 network of protected areas. The
communication to the Commission of an additional list of 56 proposed Sites of Community Importance
under the Habitats Directive has been announced, as well as the extension of the area of six Special
Protection Areas under the Birds Directive. This increase in number and total area of Natura 2000 sites in
the Netherlands will represent a substantial contribution to the protection of biodiversity in the
Netherlands and the Union.

As far as the transposition of the Habitats Directive into Dutch legislation is concerned, the Commission
has decided to refer the Netherlands to the Court of Justice because of shortcomings in Dutch legislation
for implementing the Habitats Directive. So far,
the existing legislation does not provide adequate
safeguards for Natura 2000 sites, it fails to provide adequately for the monitoring of habitats and species
and omits measures for certain plant species protected under the Directive. Meanwhile, a proposal for the
revision of the Dutch Nature Protection Act of 1998 was submitted to the Dutch Parliament with a view
to improving this situation.

The Commission is not aware of the particular publications mentioned by the Honourable Member.
However, the Commission will continue to insist that the Netherlands fully comply with the Habitats and
Birds Directives.

(1) OJ L 103, 25.4.1979.
(2) OJ L 206, 22.7.1992.

(2003/C 280 E/157)

WRITTEN QUESTION E-1408/03

by Kathleen Van Brempt (PSE) to the Commission

Subject: Dangers to motorcyclists caused by from road markings

(23 April 2003)

On a large number of roads, motorcyclists experience problems with slippery road surfaces and road
markings. In rainy conditions, road markings become very slippery, and travelling by motorcycle can be
very dangerous, especially on bends. The authorities frequently opt for the cheapest solutions and do not
always choose good quality anti-skid paints. Furthermore, checks on whether or not the paint meets