WRITTEN QUESTION E-3680/01

by Jorge Moreira Da Silva (PPE-DE),Chris Davies (ELDR), Alexander de Roo (Verts/ALE)and Ria Oomen-Ruijten (PPE-DE) to the Commission

(17 January 2002)

Subject: Importation of dolphins

The import of cetacean species (known as whales, dolphins and porpoises) into the European Union for primarily commercial purposes is banned by European Council Regulation (EC) 338/97(1) of 9 December 1996. However, importation of live specimens of cetaceans, especially of bottlenose dolphins (Tursiops truncatus) has continued in recent years.

We, Members of the European Parliament, are concerned about current applications by dolphinariums for the importation of bottlenose dolphins originating from Cuba and Guinea-Bissau into Portugal for captive display. To our knowledge no abundance estimates for the Cuban and/or Guinea Bissau bottlenose dolphin population are currently available. Referring to the fact that the bottlenose dolphin (Tursiops truncatus) is listed in Annex II of the so-called SPAW-Protocol (Specially Protected Areas and Wildlife (SPAW) Protocol of the Cartagena Convention of the Wider Caribbean Region) for which the taking, possession or killing (including, to the extent possible, the incidental taking, possession or killing) or commercial trade in such species, their eggs, parts or products is prohibited, and to which Cuba is a Party, we are concerned that granting an import permit would not only violate existing EU law, but may also be in violation of existing regional treaties in other parts of the world.

Therefore we would like the Commission to clarify the following aspects:

1. What are the detailed criteria, under Council Regulation (EC) 338/97, which have to be met by an institution applying for an import of Annex A animals, for the CITES authority of a Member State to be able grant an import permit for such specimens for the purpose of education, breeding and scientific research?

2. What kind of evaluation process exists to ensure that such criteria are being consistently met by the institutions that have previously imported live cetaceans into the European Union under such an import permit?

3. What criteria exist to evaluate whether a zoo, amusement park or other such facility displaying wild animals is classified as primarily commercial or not?

4. What steps can be taken by the Commission if it is proven that a national CITES authority has granted an import permit for a CITES-listed species without being in a position to prove that such introduction into the Community would not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species (Council Regulation (EC) 338/97, Art.4)?

(1) OJ L 61, 3.3.1997, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(26 February 2002)

The detailed conservation criteria that must be complied with before a Member State issues an import permit for live dolphins are set out in Article 4.1 of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein(1).

Requests to import dolphins need to be addressed on a case-by-case basis by the Management and Scientific Authorities of the Member State of destination. However, in order to help ensure that the criteria are being applied consistently, the Scientific Review Group, established under Article 17 of Regulation (EC) No 338/97, has adopted guidelines detailing the factors that national scientific authorities will consider when providing their advice under Article 4.1(a). At a meeting of the Scientific Review Group on 29 November 2001 the Commission specifically reminded Member States' scientific authorities to apply these provisions thoroughly in relation to any proposed import of dolphins.

The term primarily commercial purposes is defined in Article 2 (m) of Council Regulation (EC) No 338/97. The judgement about whether a specimen to be imported will be used for primarily commercial purposes or not, rests with the Management Authority of the Member State of import each case being taken on its individual merits.

Under the terms of Council Regulation (EC) No 338/97 the Commission is required to draw the attention of any Member State to matters whose investigation it considers necessary. The Commission, in consultation with a Member State may deem an import permit void if it has been established that it was issued on the false pretence that the conditions for its issuance were met.

(1) OJ L 61, 3.3.1997.