2008/914/EC: Commission Decision of 11 June 2008 on the confirmation of measures proposed by the Netherlands for the conservation of marine eco-systems in the Voordelta area (notified under document number C(2008) 2415)

The measures proposed by the Netherlands for the conservation of marine eco-systems in the Voordelta area, as set out in Annexes I to III, are hereby confirmed.

This Decision is addressed to the Kingdom of the Netherlands.

Access to Hinderplaat, situated within the Voordelta as shown on the map accompanying this decree, is to be restricted. Restricted access to Hinderplaat applies to all types of activities throughout the whole of the year with the exception of the activities listed below: Organised canoe trips A total of 10 organised canoe (kayak) trips are permitted in the period between 1 September and 1 May with a maximum of two such trips on any one day. The following additional conditions also apply: access is only permitted in a group (maximum 16 persons) led by a certified tour guide or instructor affiliated to either the NKB (Dutch Canoe Association) or the TKBN (Dutch Tourist Canoeing Association), setting foot on tidal plains is prohibited. A distance of at least 250 m from resting seals must be observed, excursions must be registered with the Handhaving Voordelta registration centre at least 48 hours in advance (telephone number known to the above organisations). Trawling Trawling with an engine capacity of less than 191 kW (260 hp) is permitted between 1 September and 1 May subject to existing permission for such usage at the time of this decree being enacted. This concerns two enterprises, namely vessels OD 2 and SL 22. Continued usage is permitted subject to the following conditions: a distance of at least 250 m must be kept from tidal plains, the maximum speed permitted is 7 knots (13 km/h), both vessels must be equipped with serviceable tracking equipment for enforcement purposes. Cast net fishing Cast net fishing (using gillnets and entangling nets) is permitted throughout the whole of the year subject to existing permission for such usage at the time of this decree being enacted. This concerns one enterprise, namely vessel Goeree 47. Continued usage is permitted subject to the following conditions: a distance of at least 150 m must be kept from tidal plains. Before, during and after the common seal's suckling period (1 May to 1 September), a distance of at least 250 m must be kept from tidal plains, the maximum speed permitted is 7 knots (13 km/h), the fishing vessel must be equipped with serviceable tracking equipment for enforcement purposes. Helicopter flights and recreational flights in small aircraft Helicopter flights are permitted over this area above a minimum altitude of 1000 ft (approx. 300 m). Paragliding and hang gliding are expressly prohibited above this area. For all other forms of recreational aviation (motorised or unmotorised), this area has been designated a nature conservation area in accordance with the code of conduct for general aviation, Verantwoord Vliegen [Responsible Flying], applying to this category , which stipulates that these areas should be avoided wherever possible. If flying over these areas is unavoidable, then an altitude of at least 1000 ft (approx. 300 m) must be maintained, except in situations where this is unfeasible due to safety considerations.

Access to Bollen van de Ooster, located within the Voordelta as shown on the map accompanying this decree, is to be restricted. Restricted access to Bollen van de Ooster applies throughout the whole of the year to the smaller summer resting area as indicated on the map. From 1 November to 1 April, restricted access applies to the larger winter resting area as indicated on the map. Restricted access to Bollen van de Ooster applies to all types of activities with the exception of the activities listed below: Commercial and leisure navigation via a corridor Navigation through the winter resting area via the designated corridor subject to a maximum speed of 7 knots (13 km/h). However, surfing and sailing through the corridor is prohibited. Canoeing, windsurfing and surfing Canoeing (kayaking), windsurfing and surfing in the north-eastern section of the resting area throughout the whole of the year as indicated on the enclosed map (see Section 5). Entering tidal plains in this part of the resting area with the sole purpose of pursuing the abovementioned sports is also permitted. Helicopter flights and recreational flights in small aircraft Helicopter flights are permitted over this area above a minimum altitude of 1000 ft (approx. 300 m). Paragliding and hang gliding are expressly prohibited above this area. For all other forms of recreational aviation (motorised or unmotorised), this area has been designated a nature conservation area in accordance with the code of conduct for general aviation, Verantwoord Vliegen [Responsible Flying], applying to this category, which stipulates that these areas should be avoided wherever possible. If flying over these areas is unavoidable, then an altitude of at least 1000 ft (approx. 300 m) must be maintained, except in situations where this is unfeasible due to safety considerations.

Access to Bollen van het Nieuwe Zand, located within the Voordelta as shown on the map accompanying this decree, is to be restricted. Restricted access to Bollen van het Nieuwe Zand only applies from 1 November to 1 May. Restricted access to Bollen van het Nieuwe Zand applies to all types of activities with the exception of activities listed below: Helicopter flights and recreational flights in small aircraft Helicopter flights are permitted over this area above a minimum altitude of 1000 ft (approx. 300 m). Paragliding and hang gliding are prohibited above this area. For all other forms of recreational aviation (motorised or unmotorised), this area has been designated a nature conservation area in accordance with the code of conduct for general aviation, Verantwoord Vliegen [Responsible Flying], applying to this category, which stipulates that these areas should be avoided wherever possible. If flying over these areas is unavoidable, then an altitude of at least 1000 ft (approx. 300 m) must be maintained, except in situations where this is unfeasible due to safety considerations.

Access restrictions described above in Sections 1 to 3 do not apply to the following activities under Section 20, Subsection 4, of the Nature Conservation Act 1998: Performing necessary government tasks Presence throughout the whole of the year for tasks performed by the government or on behalf of the government, with or without the use of a vessel, vehicle or aircraft, in so far as is necessary for purposes of conservation, maintenance, demarcation, monitoring, inspection or tracking and military activities. Cable and pipeline maintenance Maintenance work carried out on cables and pipelines between 1 September and 1 May. Access outside of this period is only permitted as a matter of urgent necessity subject to the discretion of the competent authority.

1 Areas to which access has been restricted by virtue of this decree are shown on the associated map titled Toegangsbeperkingsbesluit Hinderplaat, Bollen van de Ooster en Bollen van het Nieuwe Zand [access restriction decree, Hinderplaat, Bollen van de Ooster and Bollen van het Nieuwe Zand] and defined in detail by means of coordinates.

2 In the field and on the water, restricted area boundaries can be identified by means of signposts and buoys.

3 Maps and other appendices as indicated in Subsection 1 can be viewed for inspection for a period of six weeks after publication, at the offices of the Southern Regional Affairs Directorate of the Ministry of Agriculture, Nature and Food Quality located at Keisersgracht 5 in Eindhoven. Office hours are from Monday to Friday, from 9 a.m. to 5 p.m.

This decree is to be announced in the Staatscourant [Government Gazette]. An explanatory memorandum accompanying this decree must be read in conjunction with the order.

Access to the seabed conservation area in the Voordelta, as shown on the map accompanying this decree, is to be restricted for beam trawling with an engine capacity greater than 191 kW (260 hp). Restricted access applies throughout the whole of the year.

1. The area to which access has been restricted by virtue of this decree is shown on the associated map titled Toegangsbeperkingsbesluit bodembeschermingsgebiet Voordelta [access restriction decree — Voordelta seabed conservation area] and defined in detail by means of coordinates. 2. Maps and other appendices as indicated in Subsection 1 can be viewed for inspection for a period of six weeks after publication, at the offices of the Southern Regional Affairs Directorate of the Ministry of Agriculture, Nature and Food Quality located at Keisersgracht 5 in Eindhoven. Office hours are from Monday to Friday, from 9 a.m. to 5 p.m.

This decree is to be announced in the Staatscourant [Government Gazette]. An explanatory memorandum accompanying this decree must be read in conjunction with the order.

Access to the Verklikkerplaat area, as shown in the map accompanying this decree, is to be restricted. Restricted access to Verklikkerplaat applies throughout the whole of the year. Restricted access applies to all types of activities with the exception of the activities listed below: Helicopter flights and recreational flights in small aircraft Helicopter flights are permitted over this area above a minimum altitude of 1000 ft (approx. 300 m). Paragliding and hang gliding are prohibited above this area. For all other forms of recreational aviation (motorised or unmotorised), this area has been designated a nature conservation area in accordance with the code of conduct for general aviation, Verantwoord Vliegen [Responsible Flying], applying to this category , which stipulates that these areas should be avoided wherever possible. If flying over these areas is unavoidable, then an altitude of at least 1000 ft (approx. 300 m) must be maintained, except in situations where this is unfeasible due to safety considerations.

Access to the Slikken van Voorne area, located within the Voordelta as shown on the map accompanying this decree, is to be restricted. Restricted access to Slikken van Voorne applies throughout the whole of the year. Restricted access does not apply to the activities listed below: Seine net fishing Seine net fishing is permitted throughout the whole of the year under the following conditions. This concerns one enterprise, namely vessel Tholen 5. A distance of at least 250 m must be kept from high water refuge areas on mud flats. The fishing vessel must be equipped with serviceable tracking equipment for enforcement purposes. Helicopter flights and recreational flights in small aircraft Helicopter flights are permitted over this area above a minimum altitude of 1000 ft (approx. 300 m). Paragliding and hang gliding are expressly prohibited above this area. For all other forms of recreational aviation (motorised or unmotorised), this area has been designated a nature conservation area in accordance with the code of conduct for general aviation, Verantwoord Vliegen [Responsible Flying], applying to this category, which stipulates that these areas should be avoided wherever possible. If flying over these areas is unavoidable, then an altitude of at least 1000 ft (approx. 300 m) must be maintained, except in situations where this is unfeasible due to safety considerations.

Access restrictions described above in Section 1 do not apply to the following activities on grounds of Section 20, Subsection 4 of the Nature Conservation Act 1998: Performing necessary government tasks Presence throughout the whole of the year for tasks performed by the government or on behalf of the government, with or without the use of a vessel, vehicle or aircraft, in so far as is necessary for purposes of conservation, maintenance, demarcation, monitoring, inspection or tracking and military activities. Cable and pipeline maintenance Maintenance work carried out on cables and pipelines between 1 September and 1 May. Access outside this period is only permitted as a matter of urgent necessity subject to the discretion of the competent authority.

1 Areas to which access has been restricted by virtue of this decree are shown on the associated map titled Toegangelijkheidsbesluit Verklikkerplaat en Slikken van Voorne [access restriction decree Verklikkerplaat en Slikken van Voorne] and defined in detail by means of coordinates.

2 In the field and on the water, restricted area boundaries can be identified by means of signposts and buoys.

3 Maps and other appendices as indicated in Subsection 1 can be viewed for inspection for a period of six weeks after publication, at the offices of the Southern Regional Affairs Directorate of the Ministry of Agriculture, Nature and Food Quality located at Keisersgracht 5 in Eindhoven. Office hours are from Monday to Friday, from 9 a.m. to 5 p.m.

This decree is to be announced in the Staatscourant [Government Gazette]. An explanatory memorandum accompanying this decree must be read in conjunction with the order.