EN Official Journal of the European Union CE 84/750

(2004/C 84 E/0845)

WRITTEN QUESTION E-0003/04

by Graham Watson (ELDR) to the Commission

(16 January 2004)

Subject: Trade in wild birds

Is the Commission aware of the legal trade in wild-caught birds in Europe? Between 1997 and 2000 nearly half a million birds, mainly parrots, were imported into Europe.

Would the Commission consider protecting these birds by introducing legislation to ban this, similar to that now valid in the USA? Since the introduction in the USA of the ‘Wild Bird Conservation Act’, poaching has fallen. It is anticipated that European legislation would have the same effect.

Answer given by Mrs Wallström on behalf of the Commission

(23 February 2004)

The Commission is fully aware of legal trade in wild birds and there is already specific Community legislation in place to protect wild birds.

Most of the wild bird species that are in demand in trade (including parrots) are listed in the appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES is implemented in the EU through 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). The primary purpose of CITES and of Council Regulation (EC) No 338/97 is to protect wild species of flora and fauna from unsustainable trade. The aims of CITES are not against all trade in wildlife, but to contribute to the conservation of these species by regulating trade therein, whilst fighting illegal traffic.

Under the Wild Bird Conservation Act (WBCA), the United States does not allow the import of CITES-listed birds caught from the wild, except as allowed by certain exemptions under the WBCA. One of the exemptions is for birds from an approved sustainable use management program, but currently there are no approved programs. At the moment, the Commission does not see a need to introduce similar legislation for the reasons mentioned below.

Council Regulation (EC) No 338/97 lists the endangered species according to their threat status in four annexes (A to D). Annex A concerns the species that need the most protection because they are threatened with extinction. Because of their critical conservation status commercial trade in wild specimens of these species is prohibited — such trade is only allowed for purposes of conservation benefit — e.g. research, education, captive breeding projects etc. However, the bulk of the annexed species are in Annex B. This annex lists species that are not necessarily threatened with extinction but may become so. Commercial trade in these species is strictly regulated.

The above Regulation goes further than CITES in imposing strict controls on the importation of Annex Β species. Under these stricter measures, the importation of certain species can be suspended if it is judged to be unsustainable. There is also a requirement that live animals be transported in a humane manner. In addition, the import of certain species from all countries of origin can be suspended if they are at high risk of mortality during transport or premature mortality in captivity. In fact, this EU legislation which implement CITES is amongst the most comprehensive of its kind in the world.

All wild bird species naturally occurring in the European territory of the Member States of the European Union are protected under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (2) (hereafter ‘Birds Directive’). In order to prevent commercial interests from exerting a possible harmful pressure on exploitation levels, the Directive imposes a general ban on commercialization, with the exception of a small number of species listed in Annex III of the Directive, where commercialization may be permitted if the birds are legally acquired.

With regard to the question of a trade ban for all European wild birds, the Commission would refer the Honourable Member to the existing prohibition under the above-mentioned Birds Directive. However, in the case of imported birds, the various aspects of the effectiveness of the Community legislation on trade in wildlife and its compliance with the principle of sustainable use of wildlife must be taken into account. The latter principle is considered to be a better solution for conservation of wildlife by many authorities worldwide than a ban on all international trade in birds listed under CITES. It is the Commission's conviction that the CITES Convention offers an effective tool to bring the concept of sustainable use of wildlife into practice. An outright ban, on the other hand, would simply encourage exporting countries to switch to other less sustainable forms of land use and would not be in the best interests of the species concerned. Most probably, it would also encourage smuggling and circumventions because of the absence of a link to the socio-economic aspects embedded in the concept of sustainability.

(1) OJ L 61, 3.3.1997.

(2) OJ L 103, 25.4.1979.