EN Official Journal of the European Union CE 78/818

(2004/C 78 E/0870)

WRITTEN QUESTION E-3532/03

by María Bergaz Conesa (GUE/NGL) to the Commission

(28 November 2003)

Subject: Protection of the Caretta caretta tortoise

Reliable sources indicate that no progress is being made with the measures to protect the Caretta caretta tortoise, nor those to protect the Zakynthos Maríne Park, although the Commission has negotiated and funded such measures, and that on the contrary, the measures are in difficulties due to opposition, at both local and Greek governmental level.

Is this true?

What were the results of the Commission's recent on-the-spot inspections?

Joint answer

to Written Questions E-3475/03, E-3507/03, E-3528/03 and E-3532/03

given by Mrs Wallström on behalf of the Commission

(21 January 2004)

In its Judgement delivered on 30 January 2002 (1), the Court declared that ‘by failing to take, within the prescribed time-limit, the requisite measures to establish and implement an effective system of strict protection for the sea turtle Caretta caretta on Zakinthos so as to avoid any disturbance of the species during its breeding period and any activity which might bring about deterioration or destruction of its breeding sites, the Hellenic Republic has failed to fulfil its obligations under Article 12(1)(b) and (d) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (2).’

In July 2002, the Greek authorities notified the Commission that measures had been taken to comply with the Judgement. Following a visit in September 2002, the Commission ascertained that the legal framework for the protection of the sea turtle was insufficient and that the necessary specific measures, on the ground, for the protection of the species were not effectively implemented. Considering that the Greek authorities had not taken all the requisite measures to comply with the Court Judgement, the Commission addressed a 228 letter of formal notice to Greece in December 2002. In their reply of March 2003, the Greek authorities described the measures taken and enclosed a detailed calendar for the remaining actions.

In order to check whether all necessary measures had been taken to protect the sea turtle Caretta caretta and comply with the above-mentioned Court judgment, a Commission delegation visited the island of Zakynthos from 7 to 9 September 2003. The delegation met with all the authorities and stakeholders concerned and visited the breeding beaches of Caretta caretta.

It can be concluded that substantial progress has been made towards the establishment and effective implementation of a system of strict protection for the sea turtle Caretta caretta on Zakynthos. The majority of the actions announced in 2002 have been put in place, while the adoption and implementation of the remaining measures are ongoing. This progress is due, in particular, to the operation of the National Maríne Park of Zakynthos (NMPZ) and the good collaboration with the competent local authorities. However, the Commission delegation noted that no surveillance takes place at Daphni beach because of local opposition.

It should also be stressed that some measures, such as information/awareness actions, a monitoring and surveillance programme, environmental management systems on economic activities and delineation and marking of the NMPZ marine area, are co-financed by a LIFE project. In relation to this, a Commission delegation visited the island of Zakynthos on 20 October 2003 to verify the progress of these co-financed measures. The Commission delegation also noted the absence of surveillance at Daphni and requested that the competent local authorities and the beneficiary of the LIFE project (NMPZ) intensify their efforts to resolve the problem.

In addition, the infringement formed part of the agenda of the meeting between the Commission and Greek authorities on the implementation of Community environmental law in Greece, which took place on 30/31 October 2003. The Greek authorities announced a short-term calendar for the adoption of the remaining actions. For the most part, these actions involve the financing of the NMPZ, the supervision of the marine area, the adoption of the ‘Regulation of Administration and Management of the NMPZ’ and the definitive delineation of the high water mark (αιγιαλός') and of the coastline (‘ακτογραμμή’) on all the nesting beaches. The latter is expected to resolve the property conflicts. The written notification of this information to the Commission is underway.

The Commission will assess this additional information and will not hesitate to take appropriate measures to ensure that Greece complies with the Court Judgement of 30 January 2002.

(1) Judgment of 30 January 2002, Commission v. Hellenic Republic, Case C-103/00, ECR 2002, p.1 147.

(2) OJ L 206, 22.7.1992.