91997E3189

WRITTEN QUESTION E-3189/97 by Magda Aelvoet (V) to the Commission (16 October 1997)

Subject: Building of a cafeteria in the Habitat area of 'De Demervallei' (Flanders)

In view of the fact that:

1. the Flemish wetlands area of 'De Demervallei' is a nature conservation area according to the Flemish Government's Decision of January 17, 1988, within the meaning of European Directive 79/409/EEC of April 2, 1979, concerning the protection of birds ((OJ L 103, 25.4.1979, p. 3. ));

2. Directive 92/43/EEC ((OJ L 206, 22.7.1992, p. 7. )) incorporating Directive 79/409/EEC states that an environmental impact assessment study must be carried out for development plans affecting nature conservation areas;

3. the organization Intercommunale Schulens Meer (ISM), which has a concession on the use of the water surface of the nature conservation area mentioned above) for leisure and sport activities has planned the construction of a cafeteria costing about 40 million BEF in Lummen, at the water's edge;

4. for that purpose, ISM has obtained form the Flemish Government a building permit, which does not even mention that the building would be situated in the nature conservation area, and ignores the strongly negative opinion given by the Department of Nature Conservation of the Flemish Government itself;

5. ISM has applied for European funding to carry out this project, and has presented it as a 'nature education centre', although it is not in fact any kind of 'education centre' (the only infrastructure which could be described as an 'education centre' is an exhibition room even smaller than the lavatories!),

does the Commission intend to allow this project to be financed?

Should the Commission not investigate this project and take the necessary measures to prevent this Habitat area from being damaged?

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

The Belgian authorities have designated an area of 5670 hectares named 'Demervallei' as special protection area, pursuant to Article 4 of Directive 79/409/EEC on the conservation of wild birds.

According to Article 7 of Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora, such areas shall benefit from the provisions of Article 6 paragraphs 2.3 and 4 of the same Directive according to which national authorities shall avoid the deterioration of natural habitats and of habitats of species in those areas. Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon is subject to a detailed procedure further described in this article.

The Commission will investigate the matter with the Belgian authorities with a view to determining whether the proper procedure was applied in the present case.

The project is proposed for European regional development fund (ERDF) financing under the single programme document of Limburg. No payment as yet has been made. On the basis of the available information, the procedures to be followed under national legislation are not completed yet. Moreover, adjustments to the project with a view to mitigate its environmental impact are still under discussion.