WRITTEN QUESTION E-0639/02

by Chantal Cauquil (GUE/NGL) to the Commission

(6 March 2002)

Subject: Death of dolphins in Community waters

The Commission's reply of 15 January 2002 to question P-3509/01(1) has given rise to the following observations and questions regarding the application of Community rules:

- In accordance with Articles 11 and 12(4) of Council Directive 92/43/EEC(2), it is the legal responsibility of Member States to implement Community rules on the surveillance and monitoring of fishing activities relating to the incidental capture of cetaceans. In this context, Member States were required to report to the Commission, by 30 September 2001, on the implementation of the provisions of the aforementioned directive. The Commission has noted that some Member States, including France, have not respected this obligation. The same state of affairs is reported each year by the Commission.

- Does the Commission, whose role in this matter is to ensure the effective implementation of the provisions in force, have sufficient coercive power, freedom and will to force Member States to implement and respect its own directives?

- Is the Commission in a position to say which Member States did not fulfil their obligations in 1999, 2000 and 2001, in particular the obligation to provide the Commission with a report on the monitoring of the incidental capture of dolphins?

- Last December the Commission organised a four-day meeting with the Fisheries Directorate-General, the Environment Directorate-General and its Scientific, Technical and Economic Committee for Fisheries in order to give an updated overview of relevant scientific material and in order to find a solution to the problem.

- What was the outcome of this meeting?

- The reply of 24 July 2000 to question E-2105/00(3) states that the Member of the Commission in charge of Fisheries indicated his intention to give priority to further research and to consider what might be done in the immediate future.

- Could the Commission communicate the results of research carried out since 24 July 2000?

(1) OJ C 134 E, 6.6.2002, p. 239.

(2) OJ L 206, 22.7.1992, p. 7.

(3) OJ C 89 E, 20.3.2001, p. 150.

Answer given by Mrs Wallström on behalf of the Commission

(7 May 2002)

According to the obligations arising under Article 17(1) of the Habitats Directive, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, the Member States are required to draw up a report on the implementation of the measures taken under the Directive every six years from the date of expiry of the period laid down in Article 23 of the Directive. The reports currently due cover the first period of implementation of the Directive (1994-2000). The Commission has reminded the Member State delegates several times in the Habitats Committee of the need for a timely transmission of their national reports.

At present, the reports from Belgium, Denmark, Germany, Greece, Ireland, Austria, Portugal, Finland, Sweden and United Kingdom have been received. The Commission envisages taking appropriate initiatives in order to ensure that Member States not having transmitted their reports yet, will meet their obligations in the shortest delay.

On the other hand, if the analysis of this information leads to the conclusion that there is a failure to comply with Community law protecting cetaceans, then the Commission will consider taking appropriate measures to ensure proper fulfilment of national duties.

Notwithstanding these specific national issues, the Commission is increasingly aware that efforts deployed at national level to implement the Habitats Directive in this regard may not be sufficient. Other Community initiatives might therefore be required, including an overall downsizing of the fishing effort to reduce the pressure on the whole marine environment, and also more targeted measures aimed to avoid significant impacts on some sensitive species, such as cetaceans.

The Commission organised in December 2001 a meeting of a sub-group of its Scientific, Technical and Economic Committee for Fisheries (STECF) with a view to providing the Commission with the scientific and technical basis for the setting up of measures to mitigate by-catch of cetaceans. The report of the meeting is yet to be finalised by correspondence, and will be made available to the Parliament as soon as it is completed.

As far as the results of the studies are concerned, these are reviewed and compiled by the relevant scientific bodies, especially STECF and the International Council for the Exploration of the Sea (ICES). STECF reports are regularly made available to the Parliament and ICES reports are publicly available through Internet. It is expected that, by early summer, a new report from ICES and an extended report from STECF will become available as the most updated information on the problem of fisheries and cetaceans.

On these bases, measures as those mentioned before could be drafted and proposed for adoption to the Council.