WRITTEN QUESTION No. 4111/97 by Anita POLLACK to the Commission. Enforcement of the Habitats Directive
Date: 1998-01-16
Institutions: European Parliament, POLLACK
Subjects: EC Directive, application of EU law, competence of the Member States, environmental protection, exchange of information, protected area, protected species, protection of animal life, protection of plant life

16. 6. 98

EN

Official Journal of the European Communities

C 187/125

(98/C 187/195)

WRITTEN QUESTION E-4111/97

by Anita Pollack (PSE) to the Commission

(16 January 1998)

Subject: Enforcement of the Habitats Directive

Why is the progress on creating a network of special conservation areas [Nature 2000] so slow when Member
States were expected to produce a list of protected areas to be incorporated into this network by June 1995?

Answer given by Mrs Bjerregaard on behalf of the Commission

(4 February 1998)

The (cid:145)Habitats(cid:146) Directive, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats
and of wild fauna and flora (1), sets June 1995 as the final date for Member States to submit their list of proposed
sites for the Natura 2000 network.

It is therefore up to each Member State to explain why it has not met the deadline. The Commission itself has
instituted infringement proceedings against the Member States for not submitting complete national lists of sites.

The (cid:145)Habitats(cid:146) Directive provides for a second period of three years during which the Commission must compile
a  draft  list  of  sites  of  Community  importance  from  lists  submitted  by  the  Member  States.  The  Commission
intends meeting this deadline of three years.

(1)  OJ L 206, 22.7.1992.

(98/C 187/196)

WRITTEN QUESTION E-4112/97

by Daniel Varela Suanzes-Carpegna (PPE) to the Commission

(16 January 1998)

Subject: Restrictions on Spanish investment in French-registered fishing vessels

On  18  November  1997  the  French  Parliament  adopted  a  new  law  to  regulate  fishing  at  sea  which  imposes
requirements relating to the residence of crew members on French soil and the landing of catches at French ports,
from which the majority of fishing voyages must originate.

Is the Commission officially aware of this new French law?

Does it consider the law in question to be compatible with the basic principles of Community law, in particular
those relating to the freedom of establishment and the free movement of persons and goods?

In any event, could it state its opinion regarding this law in the light of recent ECJ judgments on this subject?

Answer given by Mrs Bonino on behalf of the Commission

(9 February 1998)

The Honourable Member is probably referring to France(cid:146)s Law No 97-1051 of 18 November 1997 on marine
fishing and seafood cultivation.

Article 6 of this Law stipulates that a fishing vessel flying the French flag is not permitted to fish on national
quotas or to apply for a fishing licence unless it has a genuine economic link with the territory of the French
Republic and that it is managed and controlled by a permanent undertaking located in French territory.

The Commission takes the view that this provision is compatible with Community law, as interpreted by the
Court  of  Justice,  provided  that  the  practical  application  of  the  Law  complies  fully  with  the  principles  of
proportionality and non-discrimination.