92000E1201

WRITTEN QUESTION E-1201/00

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

(12 April 2000)

Subject: Construction of residential tower blocks on the Ijmeer

Luxury tower blocks are under construction in Almere in the area beyond the dyke along the Ijmeer. The Ijmeer is covered by the wild birds directive and the habitats directive and it is also part of the national ecological network.

Is it the Commission's view that if there is no overriding interest (or at least if it has not been demonstrated) building plans of this nature cannot go ahead?

Is the Commission of the opinion that an overriding interest has not been demonstrated in this instance and that there are no plans for compensation?

Does the Commission think that the plan in question should at least be frozen by the Dutch authorities until an overriding interest has been demonstrated and sufficient compensation is offered for loss of natural areas?

Answer given by Mrs Wallström on behalf of the Commission

(17 May 2000)

The Commission has not been informed about the project concerned including the construction of tower blocks in the municipality of Almere in the area beyond the dyke along the IJmeer.

The IJmeer has been designated by the Dutch authorities as a special protection area (SPA) as defined in the Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1).

As an SPA the IJmeer is protected by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(2), in particular by Article 6(2), 6(3) and 6(4). According to Article 7 of Directive 92/43/EEC these provisions also apply to SPAs as defined in Directive 79/409/EEC. The construction of tower blocks near or within an SPA could be a project within the meaning of Article 6(3) of Directive 92/43/EEC that is likely to have a significant effect on the SPA. In that case the project has to be subjected to an appropriate assessment of its implications on the IJmeer, especially on the habitats and the species that are protected by Directive 79/409/EEC. If the conclusion of the assessment is that there will be negative implications, Article 6(4) applies. The responsibility for applying Article 6(4) lies primarily with the Member State.

On the basis of the present information, the Commission cannot judge if there is an infringement of Directive 79/409/EEC or Directive 92/43/EEC. Therefore it has sent a letter to the Netherlands asking for information about the project and its implications under Directive 79/409/EEC and Directive 92/43/EEC. The Commission will not take other steps at the moment, since interested parties can initiate legal proceedings against the municipality of Almere and additionally, the national authorities have legal instruments in the relevant national legislation to prevent the construction of the tower blocks if necessary.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.