WRITTEN QUESTION E-1677/99 by Marialiese Flemming (PPE-DE) to the Commission. Hunting season for migratory bird species.
Date: 1999-09-22
Institutions: European Parliament, Provisional data
Subjects: EU environmental policy, France, hunting regulations, infringement procedure (EU)

C 203 E/20

Official Journal of the European Communities

EN

18.7.2000

In general terms, the Commission is of the opinion that available catch quotas in third country waters
under a fisheries agreement must be utilised in a rational and optimal manner and that appropriate
mechanisms making transfers of unused or under-utilised catch quotas to other interested Member States
possible should be designed without prejudice to the principle of (cid:145)relative stability(cid:146). The controversy
revolves around the question as to what level of interference in the quota management of Member States is
permissible under the principle of (cid:145)relative stability(cid:146). This topic will have to be addressed in the framework
of the impending overall cost-benefit analysis of fisheries agreements, which is to be presented to the
Fisheries Council on 26 October 1999.

(2000/C 203 E/026)

WRITTEN QUESTION E-1677/99

by Marialiese Flemming (PPE-DE) to the Commission

Subject: Hunting season for migratory bird species

(22 September 1999)

Council Directive 79/409/EEC (1) on the conservation of wild birds sets out
the European Union(cid:146)s
commitment to conserving all species of wild birds occurring naturally in the European territory of the
Member States.

With regard to the hunting of certain species, the directive requires Member States to ensure that the
principles of (cid:145)wise use and ecologically balanced control(cid:146) of populations of the species concerned,
in
particular migratory species, are observed. They are required to ensure that migratory species in particular
are not hunted during the various stages of reproduction or the rearing season.

In March 1994 the Commission proposed an amendment to the directive, leaving it to each Member State
to determine the period of the hunting season. The Commission proposal, which did not lay down a
uniform EU-wide date for the end of the hunting season, was debated by the European Parliament.
the annual hunting season ending on 31 January
In February 1996, Members voted in favour of
throughout the EU.

What steps have since been taken to meet Parliament(cid:146)s demand?

Some Member States have fixed the period of the hunting season in a way which puts at risk the
conservation of certain species. For example, the hunting season in France opens at a time when young
birds are still dependent on being cared for by their parents. This contravenes Article 7(4) of Directive 79/
409/EEC. For that reason, infringement proceedings have been instituted against France.

What stage has been reached in the proceedings?

What action does the Commission intend to take to ensure that the provisions of Directive 79/409/EEC
are implemented in all the Member States?

(1) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(15 November 1999)

On 1 March 1994 the Commission put forward a proposal (1) for the amendment of Council Directive 79/
409/EEC of 2 April 1979 on the conservation of wild birds. (2) Since the proposal was based on Article 175
(ex-130s) of
the cooperation procedure with Parliament was mandatory. Parliament
delivered its opinion on 15 February 1996. The Council has not so far adopted a common position on
the subject.

the EC Treaty,

The Commission believes that the dates of the opening and the close of the hunting season in France
under the 1994 and 1998 laws (Law No 98-549 of 3 July 1998 amending Law No 94-591 of 15 July
1994 establishing the dates of the close of the hunting season for migratory birds) do not provide a
guarantee of full protection for certain species of wild birds during their return to their rearing grounds or
during their period of reproduction in accordance with Council Directive 79/409/EEC.

18.7.2000

EN

Official Journal of the European Communities

C 203 E/21

to Article 226
The Commission therefore instituted proceedings against France in 1997 pursuant
(ex-Article 169) of the EC Treaty for failure to fulfil its obligations and, on 15 February 1999, referred
the matter to the Court of Justice (Case C-38/99). The Court still has to give a ruling on this case.

(1) OJ C 100, 9.4.1994.
(2) OJ C 65, 4.3.1996.

(2000/C 203 E/027)

WRITTEN QUESTION E-1678/99

by Marialiese Flemming (PPE-DE) to the Council

(22 September 1999)

Subject: Antibiotics in feedingstuffs

For decades antibiotics have been used as growth promoters for fattening purposes. However,the use of
such feed additives poses the risk that bacteria may become resistant to the antibiotics and it may no
longer be possible to treat diseases occurring with them. Furthermore, residues of the antibiotics may find
their way into the human body through the consumption of eggs, milk, meat, etc., thereby posing a
significant health risk.

Sweden imposed a ban on the use of antibiotics as growth promoters in fattening on 1 January 1986,
prior to the country(cid:146)s accession to the European Union. During the Austrian Presidency, the use of four
antibiotic feed additives was banned throughout the EU.

Will the Council support a ban on the use of all antibiotics as growth promoters in feedingstuffs?

If so, what measures does the Council intend to take to enforce such a ban in all the Member States?

Answer

(24 January 2000)

At its meeting on 17 December 1998, the Council adopted a Regulation (1) amending Directive 70/524/
EEC concerning additives in feedingstuffs. as regards withdrawal of authorisation of certain antibiotics.
The antibiotics involved are virginiamycin, spiramycin, tylosin phosphate and zinc bacitracin.

When the above Regulation was adopted, the Council and the Commission confirmed that any decision in
this area must continue to be taken on the basis of Community scientific evidence and in the light of the
precautionary principle.

At its meeting on 14 and 15 June 1999, the Council took note of the publication of the opinion of the
Scientific Steering Committee on antimicrobial resistance. In this respect, and with regard to the other
categories of antibiotic products mentioned in this opinion, the Commission representative indicated that
the Commission departments were preparing appropriate proposals.

The Council will examine any measure that the Commission might judge it necessary to propose on the
subject with very great interest.

The use of antibiotics is also dealt with in a Council Resolution on antibiotic resistance entitled (cid:145)A Strategy
Against the Microbial Threat(cid:146), adopted on 8 June 1999. This Resolution invites the Commission to include
in particular, as a priority, the surveillance of antibiotic resistance in human medicine and in the field of
zoonosis control.

(1) Council Regulation (EC) No 2821/98 of 17.12.1998 published in OJ L 351, 29.12.1998, p. 4.