De Europese Commissie waarschuwt Frankrijk over de bescherming van hamsters en de uitbreiding van havens (en)
The European Commission is sending two final warnings to France for insufficient implementation of nature protection legislation. The first case concerns the dramatic decline of one of Europe's most threatened – and strictly protected - mammals, the great hamster of Alsace, which is significantly also known as the European hamster. The final warning letter notes that rapid and substantial action is needed to prevent the animal from becoming extinct. The other case concerns a planned extension to the port of Saint Nazaire on the Loire, which would destroy protected wetlands. More ambitious compensation measures will be required before the development can be sanctioned. Any failure to respond within two months could see France taken to the European Court of Justice.
EU Environment Commissioner Stavros Dimas i said: "When a European mammal like the great hamster approaches extinction, nature is sending a message. We are beginning to damage our ecosystems beyond the point of repair. France must heed this warning and implement our nature protection legislation in full as soon as possible."
Disappearing hamsters
The Commission has sent France a final written warning for failing to implement proper measures – as outlined in the Habitats Directive – to safeguard the great hamster of Alsace.
Once considered a nuisance by Alsatian farmers, this European hamster Cricetus cricetus is now in serious danger. The species, which can grow to a length of 20cm, has a high reproductive capacity, but its numbers are dwindling as its habitat disappears. The number of burrows in Alsace has fallen dramatically, from 1167 in 2001 to 161 in 2007.
A plan to save the hamster is in place, but implementation has been slow and the Commission does not believe that the measures it contains will be sufficient to halt the decline and prevent the species from becoming extinct. It is therefore demanding that the plan to save the hamster should include more measures to combat the agricultural practices and the urban sprawl that are destroying the animal's natural habitat. The Commission is therefore sending France a final written warning.
The Saint Nazaire port extension
The Commission has also sent France a final written warning for failing to provide appropriate measures to compensate for the construction work that is due to take place on a Site of Community Importance (SCI) under the Habitats Directive. Under the directive, Member States must present proposals to compensate for the damage done to protected sites.
The port of Saint Nazaire on the Loire estuary is a major industrial hub and needs to be extended. But the extension proposed by France – in the Donges area of the Loire estuary – will destroy 50 hectares of wetlands protected under Natura 2000, Europe's network of protected natural areas.
France was sent a first written warning in March 2007 indicating that the compensation measures it is planning are not satisfactory, and that more needs to be done. Despite the warning, the compensation measures have still not been improved. The Commission is therefore sending a final written warning to France making clear that the project is not acceptable in its current state, and that more ambitious compensation measures will be required. Work has not yet started on the planned extension.
Special protection areas and sites of community importance
Europe's nature is protected by two key pieces of legislation, the Birds Directive and the Habitats Directive. Under the Birds Directive, Member States are obliged to designate all of the most suitable sites as Special Protection Areas (SPAs) for the conservation of wild bird species. The designation of SPAs must be based on objective, verifiable scientific criteria.
The Habitats Directive requires Member States to designate sites of Community Importance (SCIs) for the conservation of natural habitat types, and to protect various listed species. Together, SPAs and SCIs form the Natura 2000 network of protected areas, which is the EU's most important instrument for conserving natural habitats and the animal and plant species they contain.
Legal Process
Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.
If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a “Letter of Formal Notice” (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.
In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a “Reasoned Opinion” (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law, and calls upon the Member State to comply within a specified period, usually two months.
If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.
Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.
For current statistics on infringements in general see: