WRITTEN QUESTION No. 664/98 by Undine-Uta BLOCH von BLOTTNITZ to the Commission. Germany's failure to implement EU legislation on the protection of species
Date: 1998-03-10
Institutions: BLOCH VON BLOTTNITZ, European Parliament
Subjects: Germany, application of EU law, complaint to the Commission, marketing, national implementing measure, protected species, protection of animal life, protection of plant life

9. 10. 98

EN

Official Journal of the European Communities

C 310/115

(98/C 310/152)

WRITTEN QUESTION E-0664/98

by Undine-Uta Bloch von Blottnitz (V) to the Commission

(10 March 1998)

Subject: Germany(cid:146)s failure to implement EU legislation on the protection of species

Since  1  June  1997  the  trade  in  species  of  fauna  and  flora  protected  by  the  Washington  Convention  on  the
protection  of  species  has  been  regulated  in  the  EU  exclusively  by  Council  Regulation  (EC)  No  338/97 (1).
Germany  has  so  far  failed  to  honour  its  commitment  as  a  Member  State  to  implement  this  legislation.  In
particular, no penalties or confiscatory measures (as called for in Article 16 of the regulation) have yet been
introduced. There are still no penalties for the import and export, purchase, offer to purchase, acquisition for
commercial purposes, display to the public and use for commercial gain and for the sale, offering for sale or
transporting of the species listed in Annexes A and B to the regulation. Application of ordinary customs and
public  order  legislation  is  not  enough.  On  the  contrary.  The  responsible  prosecution  services  are  currently
dropping  proceedings  for  breaches  of  the  legislation  on  the  protection  of  species.  Implementation  of  the  EU
regulation is not at present imminent in Germany. A complaint on these lines from the Committee Against the
Murder of Birds is pending at the Commission under File No 97/4604SG(97) A/11682/2.

1.

How does the Commission view the behaviour of the Federal Republic of Germany?

2. What steps has it so far taken to induce Germany to implement the above regulation and what steps will it
be taking to ensure in particular that the obligations arising from Article 16 thereof are at long last also applied in
Germany?

(1)  OJ L 61, 3.3.1997, p. 1.

Answer given by Mrs Bjerregaard on behalf of the Commission

(30 April 1998)

At present the Commission is following the implementation, application and enforcement in all Member States
including Germany 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.  The  Commission  seeks  to  ensure  correct  implementation
through bilateral and multilateral contacts and, where necessary, legal proceedings.

(98/C 310/153)

WRITTEN QUESTION E-0665/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(10 March 1998)

Subject: Employment of teachers in extra tuition programme for Greek lower secondary schools

The resolution of the Amsterdam European Council (1) on growth and employment begins: (cid:145)It is imperative to
give  a  new  impulse  for  keeping  employment  at  the  top  of  the  political  agenda  of  the  European  Union.(cid:146)  The
chapter  on  the  organization  of  working  time  of  Parliament(cid:146)s  proposal  to  the  extraordinary  meeting  of  the
European Council on employment states that where overtime is structural in nature, firms, unions and employers
should reduce it and create additional jobs.

In  Greece,  extra  tuition  has  been  introduced  as  part  of  the  package  of  measures  designed  to  support  the
comprehensive secondary school system, which is funded through the Community Support Framework. Tuition
is to be provided mainly by teachers who already hold posts working overtime, whereas there are thousands of
teachers unemployed.

What  measures  will  the  Commission  take  to  fill  these  new  posts,  which  are  being  financed  through  the
Community Support framework, with unemployed teachers?

(1)  OJ C 236, 2.8.1997, p. 3.