WRITTEN QUESTION No. 3086/97 by Jessica LARIVE to the Commission. Draft directive on paraffin
Date: 1997-09-19
Institutions: European Parliament, LARIVE
Subjects: accident in the home, consumer protection, dangerous substance, health risk, lighting equipment, mineral oil, petroleum, product safety

C 134/76

EN

Official Journal of the European Communities

30. 4. 98

3.
The removal of the great cormorant from Annex I has no effect on the legal status of special protection
areas which were classified for the habitats of other bird species as well as the great cormorant. Special protection
areas classified exclusively for the sub-species phalacrocorax carbo sinensis would have been classified on the
basis of its inclusion in Annex I, and the Commission considers that the effect of its removal from Annex I is that
the  obligations  of  Directive  79/409/EEC  in  respect  of  special  protection  areas  no  longer  apply  to  the  areas
concerned  in  the  absence  of  some  new  basis  for  classification.  Such  a  basis  might  lie  in  Article  4(2)  of  the
Directive, which requires the classification of areas for migratory species not included in Annex I. As a migratory
species no longer included in Annex I, the great cormorant qualifies for protection under this provision. The
Commission considers that there is no risk to the coherence of special protection areas as a whole.

4.
The same legal conservation and protection regime applies to areas classified under Article 4(1) and areas
classified  under  Article  4(2)  of  Directive  79/409/EEC.  The  difference  between  the  two  provisions  lies  in  the
species for which habitat conservation measures are required to be classified. Article 4(1) exclusively addresses
the habitats of Annex I species whereas Article 4(2) addresses the habitats of non-Annex I migratory species,
with  a  particular  accent  being  placed  on  wetlands.  The  same  site  may  qualify  for  classification  under  both
provisions.

(1)  OJ L 103, 25.04.1979, as lastly amended by Directive 97/49/EC, OJ L 223, 13.08.1997.

(98/C 134/98)

WRITTEN QUESTION P-3086/97

by Jessica Larive (ELDR) to the Commission

(19 September 1997)

Subject: Draft directive on paraffin

Can the Commission answer the following questions concerning its proposal for an amendment of Directive
76/769/EEC (1) in respect of paraffin?

1.  Does the current proposal in respect of paraffin really constitute an adaptation to technical progress within

the meaning of Directive 89/678/EEC (2) amending Directive 76/769/EEC?

2.  Has the Commission carried out an in-depth investigation into the real risks involved in this issue and into
the effectiveness of the proposed measure in terms of risk reduction? If so, what were the findings of those
investigations?

3.  To what extent is the Commission aware that the danger to health results largely from oil lamps which are

not properly secureed, and what measures has it envisaged to reduce that risk?

4.  To  what  extent  does  the  Commission  consider  it  justified  that  the  proposed  measure  will  have  a  major
economic  impact  on  certain  undertakings  within  the  European  Union,  although  alternative  and  effective
measures are available which will have a considerably less adverse effect on those undertakings?

(1)  OJ L 262, 27.9.1976, p. 201.
(2)  OJ L 398, 30.12.1989, p. 24.

Answer given by Mr Bangemann on behalf of the Commission

(14 October 1997)

The  Honourable  Member  is  referred  to  the  Commission(cid:146)s  answers  to  Written  Questions  E-2302/97  from
Mrs Jackson and P-2377/97 from Mr Cassidy (1), E-2415/97 from Mr Kellett Bowman (2) and E-2763/97 from
Mrs Peijs (3).

(1)  OJ C 60, 25.2.1998, p. 122.
(2)  OJ C 60, 25.2.1998, p. 130.
(3)  OJ C 102, 3.4.1998, p.113.