WRITTEN QUESTION E-2518/99

by Gianfranco Dell'Alba (TDI) to the Commission

(22 December 1999)

Subject: Use of laser instruments in the city of Modena

For many years laser guns (recently renamed laser instruments) have been used in the city centre of Modena to scare away starlings, pigeons and other birds.

Despite the protests and initiatives aimed at stopping this practice by numerous individuals and associations, including efforts at European level, the guns continue to be used.

In addition, the Italian authorities declared in May 1997 (Ministry of the Interior) and December 1997 (Ministry of Health) that the use of these instruments was dangerous under the terms of European standard CEI EN 60825.

This standard, which governs the manufacture and use of lasers, provides for only three fields of application, namely:

- industry;

- telecommunications;

- medicine.

Thus excluding the use made by the city of Modena and probably by other cities, particularly as the laser instruments used in Modena are equipped with a manually adjustable optical system not mentioned in the instruction manual provided by the manufacturer, the French company Desman.

Bearing in mind the answers given on behalf of the Commission by Mrs Bjerregard on 28 January 1997 (E-3175/96)(1) and 16 December 1997 (E-3800/97)(2) to two written questions on the subject by Mr Tamino, will the Commission say whether it has requested and obtained from the Italian authorities the additional information concerning the safety of the inhabitants of Modena and of the staff required to operate equipment such as laser instruments which they are required to provide pursuant to Article 9 of Council Directive 79/409/EEC(3)?

As this practice is continuing, does it not consider it necessary and urgent to carry out on-the-spot inspections and, if appropriate, to issue a formal notice to the Italian authorities requiring them to comply fully with Community rules on the matter?

(1) OJ C 186, 18.6.1997, p. 41.

(2) OJ C 187, 16.6.1998, p. 59.

(3) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(23 February 2000)

As far as protecting the health and safety of workers handling equipment such as laser instruments is concerned, the Commission invites the Honourable Member to refer to the answers given to Written Questions E-3175/96 and E-3800/97 from Mr Tamino. Indeed, the Italian authorities are responsible for ensuring that the national provisions transposing the health and safety at work Directives are checked and monitored in an adequate manner. The matter should thus be laid before those authorities by those involved.

The Italian authorities have informed the Commission, in connection with Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, that the actions undertaken has caused no major disruption of the population of wild birds at issue. That action was taken after the end of the breeding season, and no birds have been either injured or killed. Since no significant disruption has been caused, Article 9 of Directive 79/409/EEC does not apply in this case.

The Commission feels that the information received with regard to said Directive has been quite adequate and has thus brought the matter to a close.

A letter adding to the information given in the answer to Written Question E-3800/97 was sent to Mr Tamino in the spring of 1998.