WRITTEN QUESTION E-3036/02

by Dorette Corbey (PSE) to the Commission

(24 October 2002)

Subject: Nature conservation in Malta

On 31 March 1998 accession negotiations were started with six applicant countries Hungary, Poland, Estonia, the Czech Republic, Slovenia and Cyprus. On 13 October 1999 the Commission recommended Member States to open negotiations with Romania, the Slovak Republic, Latvia, Lithuania, Bulgaria and Malta. Nature conservation legislation, such as the Wild Birds and Habitats Directives, is included in the list of priority tasks. The EU has underlined from the very beginning of the negotiations that transitional measures will not be granted on nature conservation.

Recently the Times of Malta (22 August 2002) reported that Malta had managed to reach agreement with the Commission that would guarantee that the tradition of hunting and trapping of songbirds would remain alive and sustainable.

1. Can the Commission confirm that no exemptions or transitional measures have been granted to the accession countries concerning the Wild Birds and Habitats Directives?

2. Can the Commission confirm that an agreement has been reached with Malta allowing hunting and trapping of songbirds after accession?

3. If exemptions or transitional measures have been granted how, when and by whom was this decided and how and when did the Commission inform the European Parliament about this agreement?

4. If they have, which provisions of the Wild Birds Directive are affected by the transitional measures concerned?

5. Can the Commission confirm that it will closely monitor the situation in the accession countries as regards the correct implementation and effective enforcement of the Wild Birds and Habitats Directives?

Answer given by Mrs Wallström on behalf of the Commission

(29 November 2002)

With the environment chapter in the accession negotiations provisionally closed for 10 candidate countries, one transitional measure has been agreed by the Council for Malta in the application of Directive 79/409/EEC of 2 April 1979, on the conservation of wild birds, hereafter Birds Directive(1). No exemptions from the requirements of the Directive have been given and there are no transition periods granted to any candidate country under Directive 92/43/EEC of 21 May 1992, on the conservation of natural habitats and of wild fauna and flora, hereafter Habitats Directive(2).

In agreeing to the recent Union Common Position on the environmental chapter Malta has accepted to fully transpose and implement the Birds Directive by the date of accession. This means that bird hunting in Malta can, as from accession, only take place within the limits provided for by the Directive. Article 9 of this Directive allows, where there is no other satisfactory solution, for exceptions under certain very stringent conditions. If Malta wishes to allow spring hunting, for instance in relation to turtle dove and quail, it would need to ensure that all the requirements of Article 9 are met and that any permitting is carried out under strictly supervised conditions and limited to small numbers only. Furthermore, the use of Article 9 is subject to monitoring by the Commission and Malta is committed, in such a case, to report each year on its possible use.

As regards the specific issue of trapping, Malta is committed to ensuring full transposition by accession and full respect of the provisions on trapping, even if in the short-term they need to be phased-in over a strictly limited time. A transitional period until 31 December 2008 regarding Articles 5(a), 5(e), 8(1) and Annex IV(a) of the Directive was granted by the Council and accepted by Malta at the Accession Conference of 1 October 2002. The transition period allows Malta to employ traditional method of trapping known as clap-nets for the capture of seven finch species in view of establishing a captive breeding system.

In the past two months, the Commission has answered several written questions from the Parliament related to the negotiations on the Birds Directive with Malta. The Member of the Commission responsible for the Environment has undertaken to keep the Parliament informed of developments through the Environment Committee. The Directorate General for Enlargement has sent updates on the accession negotiations to the Chairman of the External Relations Committee of the Parliament, in April 2002 and October 2002.

The Commission can confirm that it will closely monitor the situation in the accession countries as regards the correct implementation and enforcement of the Birds and Habitats Directives.

It should be recognised that the accession of Malta to the Union will provide a greatly strengthened framework for bird protection on the island by bringing it into conformity with the common standards defined in the Birds Directive and already applied in all Member States.

(1) OJ L 103, 25.4.1979.

(2) OJ L 206, 22.7.1992.