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(2004/C 33 E/188)

WRITTEN QUESTION E-1898/03

by Jillian Evans (Verts/ALE) to the Commission

(6 June 2003)

Subject:   Detaining dolphins in captivity

Regardless of the size of the pools keeping them, captive dolphins cannot benefit from a diet, care or lodging adapted to their nature, their physiological needs, their state of health nor their stage of development, adaptation or domestication. They are often forced to live and breed in a manner completely alien to their instincts. This, in short, seems to contravene existing laws geared at protecting animals.

The dolphin is a particularly intelligent animal species, and, taking into account the particular biological peculiarities of the species, a new legal framework needs to be put into place to ensure their protection and well-being.

What will the Commission be doing to ensure that:

Answer given by Mrs Wallström on behalf of the Commission

(26 June 2003)

The Commission is aware that dolphins have a great intelligence and pronounced social behaviour. However, the authorisation for the construction of new dolphinaria and the supervision of existing dolphinaria remain the competence of the Member States.

Nevertheless, a number of measures have been undertaken at Community level to ensure the protection of dolphins. The Commission is of the view that proper enforcement of these requirements can satisfactorily ensure the conservation and protection of dolphins.

The capture of dolphins from European seas is prohibited under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1).

Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (2) contains a number of protective provisions which are relevant in this context. This Regulation implements the Convention on international trade in endangered species of wild fauna and flora (CITES) in the Union. Dolphins are included in Annex A (including species threatened with extinction) of Council Regulation (EC) No 338/97 which means that dolphins from the wild have a considerable degree of protection and may not be imported or used for primarily commercial purposes. However, Article 8(3) of the Regulation sets out limited and specific derogations from this general prohibition which can be applicable for dolphinaria and zoos. Accordingly, requests to import dolphins into the Union need to be addressed on a case-by-case basis by the Management and Scientific Authorities of the Member State of destination. Moreover, the Regulation stipulates in its Article 4 that import can only take place if the Scientific Authority of the Member State concerned is satisfied that the intended accommodation for the live animal at the place of destination is adequately equipped to conserve and care for it properly. The Commission specifically reminded Member States' Scientific Authorities in 2001 to ensure that these provisions are thoroughly applied in relation to any proposed import of dolphins.

Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (3) imposes a series of animal protection and conservation measures on zoos. These measures include adequate accommodation for animals, a high standard of animal husbandry with a developed programme of preventive and curative veterinary care and nutrition as well as training of staff and education of the visiting public. Member States must take measures to ensure that all zoos accommodate their animals under conditions which aim to satisfy the biological and conservation requirements of the individual species, inter alia, by providing species specific enrichment of the enclosures. Only zoos that implement these measures should get a licence and the competent authorities in Member States are required to carry out regular inspections to ensure that the zoos maintain the measures.

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(1)OJ L 206, 22.7.1992.

(2)OJ L 61, 3.3.1997.

(3)OJ L 94, 9.4.1999.

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