WRITTEN QUESTION E-3035/02

by Dorette Corbey (PSE) to the Council

(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 Council confirm that no exemptions or transitional measures have been granted to the accession countries concerning the Wild Birds and Habitats Directives?

2. Can the Council 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 Council 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 Council 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?

Reply

(18 February 2003)

As the Honourable Member is certainly aware, the accession negotiations on the Environment chapter have been provisionally closed within intergovernmental Accession Conferences with all ten Laeken candidates (Cyprus, Malta, Hungary, Poland, Slovakia, Latvia, Estonia, Lithuania, the Czech Republic and Slovenia). In this context, the EU has consistently underlined the importance for the candidate countries to pay early attention to nature protection legislation. Furthermore, any transitional periods accepted by the Union in the area of the environment have been in line with the Union's general position that transitional measures are exceptional, limited in time and scope and accompanied by a plan with clearly defined stages for application. They must not involve amendments to the rules or policies of the Union, disrupt their proper functioning or lead to significant distortions of competition.

No derogation or transitional periods have been granted to the candidate countries as regards Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

With regard to Directive 79/409/EEC on the conservation of wild birds, the only transitional period regarding this Directive has been granted to Malta, concerning the implementation of Articles 5(a), 5(e), 8(1) and Annex IV(a). This allows Malta to employ traditional nets known as clap-nets within the Maltese islands exclusively for the trapping of seven species of finches until 31 December 2008 for the purpose of keeping them in captivity. The EU underlines that the measures taken during the transitional period should be in full accordance with the principles governing the timing of hunting of migratory bird species as outlined in the Directive. These principles include the ecologically balanced control of the species concerned, in particular migratory species which are not to be hunted during their return to the rearing grounds. At the end of the transitional period, Directive 79/409/EEC will have to be implemented by Malta in full.

As with every candidate, the Union will closely monitor Malta's progress in the adoption and implementation of the acquis.