It has also decided to refer Spain to the Court due to gaps in the Spanish network of protected sites for wild birds, and ESPO says Luxembourg has been requested to take measures to comply with a 2003 ruling of the Court of Justice requiring improved legislation to comply with the Habitats Directive.

The requests take the form of final written warnings (or 'reasoned opinions'), and, notes ESPO, the decisions taken 'highlight the need for nature conservation goals to be underpinned by adequate national legislation, designations and good practice.'

Commenting on the decisions, Environment Commissioner, Margot Wallstrom, said: 'At the European Council in Goteburg in June 2001, Member States committed themselves to halting the loss of bio-diversity in the EU by 2010. If this objective is to be achieved, Member States need to reinforce their legislation and practice. I urge them to take the necessary steps as soon as possible.'

The case of the Netherlands is interesting, because it relates to the project to deepen and widen the river Scheldt.

The Commission has sent the Dutch government a final written warning because it considers that this hugely important project "does not respect EU nature conservation legislation.'

The project was carried out within the framework of a Treaty that has been signed between the Netherlands and the Flemish Region of Belgium to help facilitate access to the Port of Antwerp.

Because the river Scheldt is a designated special protection area (SPA) under the Wild Birds Directive, certain safeguards must be respected, says the Commission.

These include the adoption of compensatory measures to make up for any habitat damage.

However, reports ESPO, the Commission considers that the compensatory measures that have been taken are 'inadequate.'

'In this context' said ESPO, 'it is worth mentioning another example of port-related project conflicting with nature protection legislation, ' noting that a Dutch high court has recently decided to dismiss plans for a 150 hectare container terminal in Zeeland ports.

The Province of Zeeland authority had given the green light for the Westerschelde terminal last year. Work was due to start this year and the first vessels were expected to be handled in 2006.

The main objections related to the location of the project, nearby a nature reserve, and the court decided that alternatives had not been investigated thoroughly. Arguments that it would create employment were not accepted because there were other opportunities.