WRITTEN QUESTION E-2154/98

by Laura González Álvarez (GUE/NGL) and Pedro Marset Campos (GUE/NGL) to the Commission

(13 July 1998)

Subject: Capercaillie threatened with extinction in Asturias (Spain)

In the totally protected nature reserve at Muniellos (Asturias) the number of sites occupied by capercaillies has fallen by almost 60 % over a 15 - year period (1981-1996), largely on account of the activities of poachers. This is the conclusion reached in the studies carried out by the ICONA and the Asturias Environmental Study Group.

Poachers prey on this species, which has for many years been under threat of extinction, by using its cries as a means of locating the breeding area: they follow the repeated cries of the bird in order to track down the very few examples which still exist and then await the arrival of the male bird with a view to killing both at the same time.

The capercaillie is used as an indicator of the state of conservation of the most characteristic mountains of the wetter part of Spain and the areas of the country in which capercaillies are found are considered to be the last haunts of the species in southern Europe.

Given that the illegal practice of hunting protected species and game animals is carried on throughout Spain,

1. Is the Commission aware of the cruel manner in which capercaillies are killed by poachers?

2. Is the species in question eligible for the aid available under Regulation (EC) 1467/94(1) on the conservation, characterization, collection and utilization of genetic resources in agriculture?

3. To what extent does the apparent passiveness of the relevant authorities result in contravention of Council Directive 92/43/EEC(2) on the conservation of natural habitats and of wild fauna and flora?

4. In view of the fact that the Commission has established the promotion of sustainable development as a priority, should it not engage in a dialogue with the Spanish authorities with a view to setting up an appropriate framework to provide protection for the species in question (involving the local people in the protection of their natural heritage), so as to ensure that forest rangers are adequately equipped to take action against poachers?

Answer given by Mrs Bjerregaard on behalf of the Commission

(16 September 1998)

1. The Commission is aware that this species is poached primarily in the spring, during the breeding season. Poachers wait for the male birds to sing before closing in and shooting them.

2. Council Regulation (EC) 1467/94 of 20 June 1994 on the conservation, characterization, collection and utilization of genetic resources in agriculture does not cover wild species unless they are of real or potential use in agriculture. For this reason, the capercaillie seems unlikely to be eligible as a priority species.

3. Annex II/2 to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(3) does not mention the capercaillie as a species which may be hunted in Spain. This means that, in accordance with Article 5 of the Directive, Member States must prohibit the deliberate killing of the species. Spain does not allow capercaillies to be hunted on its territory. Poaching of the species is prosecutable.

4. The Member States are responsible for equipping their forest rangers. Nonetheless, the Spanish authorities have informed the Commission that they intend to report on the status of the capercaillie at a forthcoming meeting of the "Ornis" Committee (set up by the Directive and comprising representatives of the Member States). They intend to ask that the capercaillie be considered a priority species for Life-Nature funding.

(1) OJ L 159, 28.6.1994, p. 1.

(2) OJ L 206, 22.7.1992, p. 7.

(3) OJ L 103, 25.4.1979.