WRITTEN QUESTION E-0987/01

by Emmanouil Bakopoulos (GUE/NGL) to the Commission

(30 March 2001)

Subject: Threat of survival of cetaceans

Every year tens of thousands of cetaceans die in fishing nets in European waters - in particular some 4 % of the total population of harbour whales die in this way. The IWC estimates that in the long term marine cetaceans are in danger of becoming extinct, since they are dying off at a rate of 1 % annually.

Given that Principle 15 of the Rio Earth Summit Conference of 1992 and UNEP's 1999 annual report attach great importance to multilateral environmental agreements as a means of reducing environmental degradation, what action does the Commission intend to take to address this important problem?

Answer given by Mrs Wallström on behalf of the Commission

(8 June 2001)

All cetacean species are specifically protected under the Habitats Directive(1). Member States have to take the requisite measures to establish a system of strict protection in order to ensure a favourable conservation status of cetaceans.

On the basis of this Directive, and along with the Convention on International Trade in Endangered Species(2) (CITES), any kind of hunting for whales and trading in whale species is forbidden in the Community.

As for the interaction between these species and fishing activities, the Community has addressed the incidental capture of cetaceans on several occasions, adopting legislation on the grounds both of internal and multilateral commitments.

Community Fisheries legislation already limits the size of drift nets and has introduced measures to prohibit their use from the start of 2002, with expected consequential benefits to the cetaceans(3) populations.

At multilateral level, the Agreement on the International Dolphin Conservation Programme(4) is applied by the Community since 1 June 1999, following its adoption by the Council. The Community has subsequently implemented the rules of this Agreement with a view to protecting cetaceans in the tuna fisheries of the Pacific Ocean(5).

From a broader viewpoint, the Commission is well aware that the protection of marine bio-diversity needs an integrated strategy to cope with the degradation of marine habitats. The development of such strategy is therefore considered a priority(6). Furthermore, taking into account the interest that the Community has in promoting more sustainable fishing activities, the use of selectivity devices that reduce or eliminate by-catches of non-target species is also to be considered(7). In both cases, there is scope for improving the coordination with Member States as well as the dialogue with international organizations and other interested countries.

(1) Council Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992).

(2) Implemented by Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on international trade in endangered species of wild fauna and flora (OJ L 384, 31.12.1982).

(3) Council Regulation (EC) No 1239/98, amending Regulation (EC) No 894/97 laying down certain technical measures for the conservation of fishery resources (OJ L 171, 17.6.1998).

(4) Council Decision 1999/386/EC of 7 June 1999 (OJ L 147, 12.6.1999).

(5) Council Regulation (EC) No 850/98, of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998).

(6) Communication from the Commission on the sixth environment action programme of the European Community, COM(2001) 31 final.

(7) Communication from the Commission on a Biodiversity Action Plan for Fisheries, COM(2001) 162 final.