EN Official Journal of the European Union CE 78/933

(2004/C 78 E/0988)

WRITTEN QUESTION P-0126/04

by Jean Lambert (Verts/ALE) to the Commission

(19 January 2004)

Subject: Permits for capture, breeding and trading of protected species in Greece in violation of EU legislation

From August 2002 to January 2003, Greece has issued permits to a private company to capture and use as breeding stock for subsequent selling a large number of reptiles and amphibians (ranging from 220 to 600 per species to a total of 8 540) from a large number of species (a total of 90 species), without any other restrictions about the place, the time and the circumstances of the capture. The permits include authorisations to capture many species included in the Habitats Directive, among them one priority species (macrovipera schweizeri).

There are no reports regarding the overall population of the species concerned or impact assessments on the consequences of the permits to the natural populations of these species. The permits were issued without the knowledge of the relevant National Scientific CITES committee.

The authorisations concerning specific species are alarming.

For example:

— the capture of 320 individuals of chamaeleo africanus, when the best available estimate of the size of the European population is 300, found exclusively in only one locality in Greece, or

— the capture of 600 individuals of vipera ursinii (listed in Habitats Directive Annex II, in CITES Annex I), as well as several species listed in Annexes II and III.

Is the Commission aware of these permits and the apparent breach of EU legislation, in particular Council Directive 92/43/EEC (1) on the conservation of natural habitats and of wild fauna and flora, in addition to international commitments under the CITES and Bern Conventions, by the Greek authorities?

What measures will the Commission take to stop the implementation of the permits in question without further delay, and to prevent permits which risk prejudicing the attainment of the objectives of EU legislation from being issued by the Greek authorities in the future?

Answer given by Mrs Wallström on behalf of the Commission

(9 February 2004)

The Commission would like to inform 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 Annexes II and/or IV of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, 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 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 for assuring that Greece acts in conformity with Community Law.

With regard to the possibility of an infringement of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (2) (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.

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

(2) OJ L 61, 3.3.1997.