WRITTEN QUESTION E-3696/01

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

(17 January 2002)

Subject: Disposal of contaminated mud in sandfill pits ('omputten') and the Birds Directive

The province of Gelderland has earmarked the following seven nature reserves as likely sites for deep sand extraction followed by dumping of contaminated mud in the pits thus created (known in Dutch as omputten): Heesseltsche

Waarden (municipality of Neerijnen), Lobberdensche Waard (municipality of Rijnwaarden), Koppenwaard (municipality of Angerlo), Havikerwaard (municipality of Rheden), Dreumelsche Waard (municipality of West Maas en Waal), Ochtense Buitenpolder (municipality of Kesteren) and Oosterhoutse Waarden (municipality of Over-Betuwe). The nature reserves in question lie entirely or for the most part within the Special Protection Areas of Kil van Hurwenen, Gelderse Poort, IJssel and Waal designated by the State in 2000 on the basis of the Nature Protection Law of 1998 and the EC Birds Directive.

The 1992 EC Habitats Directive and the habitat assessment framework also apply to the special protection areas, whereby any alteration to the natural characteristics of these areas is only permitted where there is no alternative and compelling reasons of major public importance are in play.

On what compelling grounds of major public importance does the province of Gelderland believe it can ignore its legal obligation to protect these nature reserves and the birds living in them?

Does the Commission agree with me that deep sand extraction and depositing of (contaminated) dredgings in these areas would have a harmful effect on their natural characteristics and on the birds living in them, and thus violate the abovementioned legal provisions?

How do these plans tie in with the designation of these nature reserves as A rural areas and meadow bird areas and even as strategic action areas in the 1996 Gelderland regional plan, and with the nature development plans of the Department of Waterways and Public Works?

Is it correct that the designation of areas as likely for sand extraction and dumping is based mainly on the support of the local authorities in question and not on its compatibility with the relevant European directives and other legislation?

Answer given by Mrs Wallström on behalf of the Commission

(26 February 2002)

The Commission has not received any information from the Province of Gelderland nor from the Dutch government about likely plans for sand extraction and subsequent dredging sludge disposal in the Special Protection Areas (SPA) mentioned by the Honourable Member.

The Commission holds the opinion that the likely effects of deep sand extraction and disposal of sludge on the conservation status of the birds for which the SPA were designated and the compatibility of such a project with Community nature protection provisions should be tested by means of an appropriate assessment of the proposed undertaking in the sense of Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(1).

The Commission has no powers to give an opinion about the designation of natural reserves as rural areas A, meadow bird areas or as strategic action areas in regional plans or nature development plans of the Department of Waterways and Public Works, as such designations are not covered by definitions under Community law but under the national law of the Netherlands.

The Commission is not aware of a hierarchical order in the criteria for the designation of areas as likely for sand extraction and sludge disposal that are mentioned by the Honourable Member.

The Commission is currently investigating facts similar to those raised by the Honourable Member under complaint procedure 2000/5179, regarding a water body named Kaliwaal which forms part of the SPA No NL2000011 Waal.

(1) OJ L 206, 22.7.1992.