The clearing of the Sterrebos in Limburg and the ensuing disturbance of strictly protected animal species

Subject: The clearing of the Sterrebos in Limburg and the ensuing disturbance of strictly protected animal species

The Sterrebos in Dutch Limburg is home to 11 bat species that are strictly protected under the EU Habitats Directive, as well as maternity roosts of the brown long-eared bat and common noctule.

The Province of Limburg has granted an exemption for the clearing 7.5 hectares of forest for the expansion of the Nedcar car factory.

Is the Commission aware of this issue and can it confirm that the deliberate disturbance of strictly protected species, such as bats, and the deterioration or destruction of the breeding sites and resting places of these animals is prohibited under Article 12 of the EU Habitats Directive?

Some bat species in the Sterrebos are in an unfavourable position with regards to reaching favourable conservation status. The clearing of the Sterrebos may be detrimental for the species concerned in terms of reaching said status.

Can the Commission confirm that woods may not be cleared if this undermines the efforts to ensure the affected protected species reach favourable conservation status?

The Sterrebos lies within the external area of the Natura 2000 area of Lilbosch and Mariahoop. According to experts, it cannot be ruled out that this Natura 2000 area and the Geoffroy’s bat will be adversely effected, nor has such a possibility been investigated.

Does the Commission consider that the Sterrebos should not be cleared until the effects on the nearby Natura 2000 areas have been thoroughly investigated?

Answer given by Mr Sinkevičius on behalf of the European Commission (18 March 2022)

The Commission has not been previously informed about the planned clearing of the Sterrebos forest.

The deliberate disturbance of strictly protected species, such as bats, and the deterioration or destruction of the breeding sites and resting places of these animals are prohibited under Article 12 of the Habitats Directive (1).

Member States may grant derogations from Article 12 on the basis of the grounds listed in Article 16 of the Habitats Directive provided that 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.

To facilitate compliance with the strict species protection requirements under the directive, the Commission has recently updated its guidance document (2).

With regard to a possible impact on a Natura 2000 site located nearby, Article 6 of the Habitats Directive, related to plans and project that migth affect a Natura 2000 site, also applies if the plan or project concerns an area that is located outside the boundaries of the site.

Without prejudice to the Commission’s powers as guardian of the Treaties, Member States are primarily responsible for ensuring compliance with the Habitats and Birds (3) Directives and making sure that Natura 2000 sites and the protected habitats and species on their territory, including all wild birds, are managed in compliance with EC law.

⋅1∙ Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7‐50.

⋅2∙ Commission notice Guidance document on the strict protection of animal species of Community interest under the Habitats Directive, C/2021/7301 final.

⋅3∙ Council Directive 2009/147/EC on the conservation of wild birds, OJ L 20 of 26.01.2010. p. 7.