EN Official Journal of the European Union CE 78/487

(2004/C 78 E/0509)

WRITTEN QUESTION E-3204/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(30 October 2003)

Subject: Commercial exploitation of protected wildlife species in Greece

According to reports in the ‘VΙΜΑ’ newspaper (5 October 2003), environmental and scientific organisations have revealed that the Ministry of Agriculture has authorised the capture and commercial exploitation of rare and protected Greek wildlife species (birds, turtles, chameleons, etc.) without any stipulations being imposed regarding their collection, capture, transport and living conditions.

1. What view does the Commission take of this and of the fact that the authorisations issued refer to the species concerned as ‘State property’.

2. What action is being taken to ensure compliance with Article 5 of Directive 79/409/EEC (1) banning the capture of all types of birds living in the wild, apart from those included on the list of birds, the hunting of which is authorised?

3. Has this matter been brought to the attention of the enforcement group set up under Article 14 of Regulation (EC) No 338/97 (2) (CITES) which is responsible for ensuring implementation of the regulation? Is Greece represented on this enforcement group? Is Article 8(1) of the regulation being enforced?

Answer given by Mrs Wallström on behalf of the Commission

(19 December 2003)

The Commission informs the Honourable Member that, on the basis of a complaint (No 2003/4831) regarding the issue by the Ministry of Agriculture of authorisations to collect and breed a number of Greek wildlife species included in the Annex IV of Council Directive 92/43/EEC (3), it has opened a file in order to examine if this practice complies with the obligations under Articles 12 and 16 of this Directive.

The complaint received was not referring to the capture of bird species, subsequently the complaint case has not yet been related to Council Directive 79/409/EEC (4). However, the Commission will raise this supplementary issue with the Greek authorities and, if authorisations to collect individuals of bird species protected under Directive 79/409/EEC have been issued, an appropriate reference will be made. The Commission would like to assure the Honourable Member that it will continue the investigation of the complaint and will not hesitate to take all necessary measures needed to ensure that Greece acts in conformity with Community Law.

With regard to the possibility of an infringement of Council Regulation (EC) No 338/97 (5) (CITES), Articles 5 and 8 of this Regulation allow commercial trade in the species included in Annexes A, B and C, if these have been legally taken from the wild in the territory of a Member State. Consequently, any breach of this Regulation would only arise in respect of such species listed in the Regulation (not other species) and then only if it can be established that the Greek authorities issued permits for such species in defiance of their own laws or of Council Directive 92/43/EEC.

The Commission will deal with this case through the standard complaints procedure and does not intend to bring it to the attention of the enforcement group set up under Article 14(3) of Council Regulation (EC) No 338/97. That group is not a compliance committee where complaints can be brought against Member States for alleged infringements. It is, in fact, a forum for all Member States' enforcement authorities (i.e. police, customs etc.) to discuss and exchange information on technical matters of common concern so as to improve enforcement of CITES Regulations.

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

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

(3) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.

(4) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.

(5) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, OJ L 61, 3.3.1997.