WRITTEN QUESTION E-3753/97 by Maartje van Putten (PSE) to the Commission (21 November 1997)

Subject: Assistance to customs services in implementing the Convention on International Trade in Endangered Species and Council Regulation (EC) No 338/97

With reference to Council Regulation (EC) No 338/97 ((OJ L 61, 3.3.1997, p. 1.)) on the protection of wild fauna and flora by regulating trade therein:

1. Does the Commission know whether all Member States have designated management authorities to implement the Regulation and whether all Member States have designated customs offices to monitor the introduction of wild fauna and flora?

2. Does the Commission know whether the management authorities are carrying out their responsibilities properly (and more particularly whether they are able to do so) and whether the customs offices have sufficient staff with the necessary expertise and adequate facilities to transport and accommodate live animals and plants?

3. If not, what has the Commission done to assist them, thereby enabling the required facilities to be provided?

4. Has the Committee chaired by a Commission representative which is responsible for implementing the Regulation been set up yet and if so, what has it done to date?

5. Is the exchange of information between the Member States and the Commission as provided for by Article 15(1) of Regulation No 338/97 adequate to enable the Regulation to be implemented? If so, on what subjects is information exchanged? If not, why not, and what further information is needed?

6. Does the Commission know whether information is exchanged between customs offices? If so, between which, and to what does it relate? If not, will the Commission assist such an exchange of information, as Parliament has requested?

Answer given by Mrs Bjerregaard on behalf of the Commission (19 December 1997)

1. All Member States have designated management and scientific authorities under Article 13 of Regulation (EC) No 338/97 on the protection of wild fauna and flora by regulating trade therein. The designation of places of introduction and export under Article 12 of the regulation has not yet been completed in all Member States but is expected to have taken place before the end of 1997.

2. The administrative authorities - most of which have been implementing legislation in this area for almost fifteen years now - should be in position to fulfil their tasks under Regulation (EC) No 338/97. A proper assessment thereof, however, can only be made when this legislation has been in place for a longer period of time and e.g. together with the biennial reports in Article 15(4)(c) and (d) of Regulation (EC) No 338/97. The second part of the question can only be answered after the designation process referred to in point 1 is finalised.

3. In view of the above, it has not been necessary for the Commission to assist these authorities.

4. The enforcement group was established by Article 14(3) of Regulation (EC) No 338/97 and has met once since the entry into force of the regulation on 1 June 1997. At least two meetings are envisaged for 1998. Its activities have so far been limited to the identification of issues for future discussion. Its main activity will be to co-ordinate enforcement aspects of Community legislation on trade in wild fauna and flora and the exchange of information on enforcement issues between customs, police and other enforcement authorities.

5. Yes. Information is being exchanged on any issue of relevance to implementation and enforcement. In the first half year following the new legislation this mainly concerned the interpretation of provisions. Another important issue -which continues- is the taking of decisions under Article 4 of Regulation (EC) No 338/97, on whether imports of the many species in the Annexes to the Regulation (± 30 000) can be authorised or not.

6. Yes. The exchange of information between customs authorities of the Member States and the Commission takes place in the framework of a series of arrangements and procedures created for that purpose. The streamlining of specific information related to the implementation of Regulation (EC) No 338/97 is one of the issues to be addressed by the enforcement group.