WRITTEN QUESTION P-2606/03 by Armin Laschet (PPE-DE) to the Commission. Discontinuation of the infringement proceedings against the Federal Republic of Germany in connection with the Avantis cross-border business park.
Date: 2003-08-14
Institutions: European Parliament, Provisional data
Subjects: European Commission, Germany, action for failure to fulfil an obligation, application of EU law, environmental law, frontier region, location of industry, protection of animal life

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It is important to note that the Court has not ruled out the possibility to require properly qualified
candidates from other Member States to sit a competition for recruitment in the public service. The Court
has held that this requirement does not infringe Directive 89/48/EEC, since the Directive does not concern
the choice of selection and recruitment procedures for filling positions and cannot be relied on as the basis
for a right to be recruited. The Court has however excluded that properly qualified migrants can be
required to pass a competition for admission to a course of training. Consequently, the Commission
considers that France will have to amend its recruitment system as regards qualified teachers from other
Member States. The Commission will contact the French authorities with a view to ensuring that France
complies with the Court’s jurisprudence.

The proposal for a new directive on the recognition of professional qualifications does not contain any
provision regarding this matter.

(2004/C 78 E/0136)

WRITTEN QUESTION P-2606/03

by Armin Laschet (PPE-DE) to the Commission

(14 August 2003)

Subject: Discontinuation of the infringement proceedings against the Federal Republic of Germany in

connection with the Avantis cross-border business park

The 1997 and 2002 infringement proceedings against the Federal Republic of Germany in connection with
the breach of the EU’s flora, fauna and habitat (FFH) directive on the conservation of natural habitats and
wild fauna and flora, and in this particular instance the field hamster, through the construction of the
Avantis cross-border business park in Aachen-Heerlen have been discontinued.

On what grounds did the European Commission halt the proceedings?

Answer given by Mrs Wallström on behalf of the Commission

(12 September 2003)

to an
The transboundary industrial area ‘Avantis’ near Aachen (DE) and Heerlen (NL) was subject
infringement procedure against Germany. The project was authorised in 1998 and has been implemented
in part. As a consequence, breeding sites of the Common Hamster, Cricetus cricetus, a species subject to
the protection regime under Article 12 of the Habitats Directive (1), have been destroyed.

Under Article 16 of the Habitats Directive, the destruction of breeding sites of the Hamster may only be
authorised if there is no satisfactory alternative and the derogation is not detrimental to the maintenance
of the populations of the species concerned at a favourable conservation status in their natural range.
Additionally, such a derogation is only possible for specific reasons listed in the Directive, inter alia for
imperative reasons of overriding public interest, including those of a social or economic nature (Article 16
(1) (c)).

The German Government and the Commission do not agree whether all the conditions for a derogation
under Article 16 of the Habitats Directive were fulfilled when the project was authorised.

However, Germany informed the Commission about compensation measures undertaken by the city of
Aachen in the vicinity of the affected area and about a five-year Species Protection Plan for the Hamster in
the region of North-Rhine Westfalia. The plan includes management agreements with farmers to improve
the ecological quality of agricultural land for the enhancement of the hamster populations. The total cost
of the programme is EUR 1,28 million (225 000 EUR/year). The agricultural area under Hamster-friendly
management will be extended by some 200 hectares (ha) per year. Annual compensation payments for
farmers will be around 1 000 EUR/ha. Community funding under the rural development programmes will
be requested. In addition to this programme, the Land of North Rhine-Westphalia will participate in a

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Dutch/German pilot project for the re-introduction of the Common Hamster in areas where it has recently
disappeared. The measures will be continuously monitored and reports will be made available to the
Commission.

The Commission considers the proposed compensation measures and species protection plan, together
with the German/Dutch re-introduction efforts, as being an effective package of measures to protect and
promote the Common Hamster in North Rhine Westphalia. The measures will compensate for the negative
impact of the new industrial area at the local level. As it appears unlikely that a continuation of the
infringement procedure would provide any added value for the conservation of
the Hamster the
Commission decided to close the procedure on 9 July 2003.

This decision was based on the specific circumstances of the case. It should not be understood as a
precedent allowing the circumvention of Article 12 and 16 of the Habitats Directive. The Commission
expects full compliance with these provisions in all other cases.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

OJ L 206, 22.7.1992.

(2004/C 78 E/0137)

WRITTEN QUESTION E-2610/03

by Proinsias De Rossa (PSE) to the Commission

(28 August 2003)

Subject: Charging consumers for returning waste household electrical equipment

In its answer to Written Question E-1970/03 (1) given on 25 July 2003, the Commission acknowledged
that charging consumers at the point of return may have a negative impact on the collection results for
waste electrical and electronic equipment but
that such charges would not contravene Community
legislation until Article 5 (2a) of Directive 2002/96/EC (2) takes effect, i.e. by 13 August 2005 at the latest.

if so, what has been their
Has the Commission informed the Irish authorities of this situation and,
response? What steps is the Commission now considering taking so as to ensure that the Irish public will
be able to return such goods free of charge after 13 August 2005, in accordance with Directive 2002/96/
EC?

(1) See page 61.
(2) OJ L 37, 13.2.2003, p. 24.

Answer given by Mrs Wallström on behalf of the Commission

(26 September 2003)

Directive 2002/96/EC of the Parliament and of the Council of 27 January 2003 on waste from electrical
and electronic equipment (WEEE) requires Member States to ensure that, by 13 August 2005, systems are
set up allowing final holders and distributors to return WEEE from private households at least free of
charge.

The national laws, regulations and administrative provisions necessary to comply with this Directive must
be brought into force by 13 August 2004 and communicated to the Commission.

The Commission has not discussed the issue of charging consumers with Ireland specifically. Regular
meetings between the Commission and the Member States take place in order to discuss questions of
implementation. The Commission will take all necessary measures to ensure that the Directive is correctly
implemented in all Member States.