WRITTEN QUESTION E-2516/99 by Sergio Berlato (UEN) to the Commission. Directive 79/409/EEC on the conservation of wild birds.
Date: 1999-12-22
Institutions: European Parliament, Provisional data
Subjects: EC Directive, amendment of a law, protection of animal life

C 303 E/72

Official Journal of the European Communities

EN

24.10.2000

approved in Codex Alimentarius (6) and because sufficient data exist which clearly demonstrate that, by
sorting, the level of 15 ppb in unprocessed peanuts can be reduced to 4 ppb in the final consumer
product. The limit of 15 ppb will also be considered for unprocessed nuts, including Brazil nuts and dried
fruit if data are provided before 1 July 2001 (7) proving the effectiveness of the sorting techniques or other
physical treatments to reduce an aflatoxin level of 15 ppb in unprocessed nuts and dried fruit to the
maximum level set for products intended for direct human consumption or use as an food ingredient.
These data have not yet been submitted.

3., 5. and 6.
The draft measures were notified to the World trade organisation (WTO) by notification
G/SPS/N/EEC/51, dated 8 January 1998 with a deadline for comments set at 20 March 1998. Conse-
quently, the competent authorities of WTO members were officially informed of the draft measures
in January 1998. The adopted measures have been published in the Official journal (8) and a reply to the
comments made during the consultation was sent to the WTO for distribution on 14 October 1998. The
measures entered into force on 1 January 1999. The Commission is of the opinion that the national
authorities have to ensure that the domestic producers of Brazil nuts are informed of the regulations in
force in the countries whereto their products are exported.

The maximum limits established at Community level by Commission Regulation (EC) No 1525/98
replaced and harmonised the existing national maximum limits for aflatoxins of the Member States. For
Brazil nuts maximum limits similar to those established at Community level were already established at
national level since the beginning of the 1990(cid:146)s by important importing countries of Brazil nuts. It can
therefore be reasonably assumed that the entry into force of the Community maximum limits on 1 January
1999, replacing the existing national maximum limits for aflatoxins, would not significantly affect the
import of Brazil nuts into the Community in comparison with previous years.

Consequently, the Commission is of the opinion that on the basis of the available information, there is no
reason justifying a withdrawal of the Regulation (EC) No 1525/98.

4. and 7.
The Commission is fully aware of the importance of Brazil nut production for the social
conditions of the local producers and for the preservation of the Amazon forest. The Commission is
therefore currently examining under the technical co-operation programmes with the countries involved,
including Brazil, what technical and financial assistance can be provided in order to maintain brazil nut
production as a way of preservation of the bio-diversity of the Amazon rainforest, to improve the quality
of the brazil nut with regard aflatoxin content and to improve the social conditions of the small, local
growers. However these objectives are secondary to the protection of European consumers from the
dangers to public health from aflatoxin contamination.

International Agency for Research on Cancer.

(1) OJ L 201, 17.7.1998.
(2) Reports of the Scientific Committee for Food, 35th series.
(3)
(4) Minutes of the 108th meeting of the Scientific Committee for Food held on 18-19 September 1997 in Brussels.
(5)

Joint FAO/WHO Expert Committee on Food Additives (JECFA), Forty-ninth meeting, Rome, 17-26 June 1997,
Summary and Conclusions, enclosed section.

(6) Alinorm 99/12, Report of the Thirtieth Session of the Codex Committee on Food Additives and Contaminants, The

Hague, The Netherlands, 9-13 March 1998, par. 64-72 and Appendix X.

(7) Commission Regulation (EC) No 1566/1999 of 16 July 1999 amending Regulation (EC) No 194/97 setting

maximum levels for certain contaminants in foodstuffs (OJ L 184, 17.7.1999, p.17).

(8) OJ L 201, 17.7.1998.

(2000/C 303 E/063)

WRITTEN QUESTION E-2516/99

by Sergio Berlato (UEN) to the Commission

(22 December 1999)

Subject: Directive 79/409/EEC on the conservation of wild birds

Directive 79/409/EEC on the conservation of wild birds (1) is now 20 years old. During that time it has
never been the subject of debate or amendment and is now in need of thorough revision.

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Over the years it has moved from being a directive which allowed for derogations for given periods and
small quantities (notably in Article 9), giving each Member State responsibility for taking the measures
necessary to achieve the aims set by the directive, and has become a provision which lays down only fixed
obligations.

Bearing in mind that Annex II of the directive sets out a list of protected species, automatically excluding
from its scope all other species not on the list, will the Commission undertake a revision of Directive
79/409 in order to ensure effective conservation of wild birds and their habitat,
in the light of the
biological and biogeographical changes which have occurred in Europe?

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

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

(19 January 2000)

Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds has been amended at various
times, for example by Directive 85/411/EEC of 25 July 1985 (1), Directive 91/244/EEC of 6 March
1991 (2), Directive 94/24/EC of 8 June 1994 (3) and Directive 97/49/EC of 29 July 1997 (4)
(not to
mention the amendments resulting from the accession of Greece, Spain and Portugal).

The scope of application of Directive 79/409/EEC covers all species of wild birds in the European territory
of the Member States to which the Treaty applies. Article 1 of the Directive establishes that all species of
naturally occurring birds in the wild state are concerned by the directive.
It covers the protection,
management and control of these species and lays down rules for their exploitation. Article 5 requires
Member States to take the requisite measures to establish a general system of protection for all species of
birds referred to in Article 1, prohibiting in particular: (a) deliberate killing or capture by any method;
(b) deliberate destruction of, or damage to, their nests and eggs or removal of their nests; (c) taking their
eggs in the wild and keeping these eggs even if empty; (d) deliberate disturbance of these birds particularly
during the period of breeding and rearing, in so far as disturbance would be significant having regard to
the objectives of this directive; (e) keeping birds of species the hunting and capture of which is prohibited.

Given this general protection system for all species of wild birds, Article 4 provides species of wild birds
listed in Annex I of the Directive with special conservation measures concerning their habitat in order to
ensure their survival and reproduction in their area of distribution. Article 7 states that, because of their
population level, geographical distribution and reproductive rate throughout the Community, species listed
in Annex II may be hunted under national legislation without jeopardizing conservation efforts in their
distribution area (the species referred to in annex II/1 may be hunted in the geographical sea and land area
where this directive applies while the species referred to in annex II/2 may be hunted only in the Member
States in respect of which they are indicated). Article 9, to which the Honourable Member refers, lists
requirements and conditions under which derogations to the provisions of the Directive are admitted.

Therefore, under Directive 79/409/EEC all wild bird species are protected by a general conservation
system. In particular, those listed in Annex I are the subject of a stricter conservation system. Those listed
in Annex II are the subject of a less strict conservation system. Derogations from the provisions of the
if properly
Directive may be authorised under strict conditions. The provisions of
implemented by the Member States, guarantee the conservation of all European wild bird species while
allowing for their wise use and ecologically balanced control. Consequently, the Commission considers that
a fundamental modification of Directive 79/409/EEC is not justified at present.

the Directive,

(1) OJ L 233, 30.8.1985.
(2) OJ L 115, 8.5.1991.
(3) OJ L 164, 30.6.1994.
(4) OJ L 223, 13.8.1997.