WRITTEN QUESTION E-0307/02

by Marie Isler Béguin (Verts/ALE) to the Commission

(11 February 2002)

Subject: Malta and environmental directives

The republic of Malta officially applied for membership of the European Union in June 1990 and renewed its application in February 1999.

Malta, like the other applicant countries, it is therefore required to incorporate into its national legislation all provisions regarding the Community acquis.

This harmonisation between the Member States and applicant states makes it possible to uphold the rights and duties of their citizens and ensure the conservation of their heritage.

The geographical situation of Malta, an island situated between the continents of North Africa and Europe, places it exactly along the migratory routes of the bird populations crossing the first external border of the enlarged EU and its territory protected by Community legislation.

During accession negotiations with the Maltese Government, did the Commission take full account of the importance of the strategic situation of the island of Malta for migrant birds and its irreplaceable value in terms of ornithological biodiversity and its responsibility to all the Member States in this respect?

Can the Commission give its assurance that no exemption clauses based on any local hunting traditions will be adopted which could compromise the full application of Community environmental directives, in particular those concerning birds and habitats in the republic of Malta once it becomes a member of the EU?

Does the Commission fully subscribe to the need for fully binding protection of the ornithological heritage at this new border of the enlarged EU?

Answer given by Mr Verheugen on behalf of the Commission

(13 March 2002)

One of the general principles established by the Commission for all the accession negotiations is that there can be no derogations from the Community acquis and any transitional measures must be of limited duration and scope. Any request for a transitional period must also be fully substantiated and accompanied by a plan for implementing the acquis during the transitional period.

These general principles apply to the Environment chapter, and in particular to Council Directives 92/43/EEC of 21 May on the conservation of natural habitats and of wild fauna and flora(1) (Habitats Directive) and 79/409/EEC of 2 April 1979 on the conservation of wild birds(2). The Commission fully subscribes to the objective of protecting natural habitats and birds in the expanded European Union, in accordance with the relevant Community legislation.

The Commission is aware that Malta's special geographical situation makes it a particularly important place of transit for birds migrating between Europe and North Africa.

In the course of the accession negotiations the Commission asked Malta for additional information on the implementation of the Habitats Directive, and will continue to monitor the situation to ensure that it is actually applied. It has also asked Malta to give detailed information on its timetable for the transposition and implementation of the Directive on the conservation. It is following developments in this area closely.

(1) OJ L 206, 22.7.1992.

(2) OJ L 103, 25.4.1979.