WRITTEN QUESTION E-2721/99 by Laura González Álvarez (GUE/NGL) to the Commission. Poisoning of protected birds in Spain.
Date: 2000-01-18
Institutions: European Parliament, Provisional data
Subjects: Spain, biotope, bird, directive (EU), hunting regulations, legality, national implementing measure, protected species, protection of animal life

21.11.2000

EN

Official Journal of the European Communities

C 330 E/43

Joint answer
to Written Questions E-2705/99 and E-2706/99
given by Mr Fischler on behalf of the Commission

(22 February 2000)

A Member State can, within the framework of
funds, re-allocate
Community finance from one programme to another or between funds in a Member State. It can also
return the allocation in part or in whole to the Commission for re-distribution to another Member State or
for other purposes as appropriate. One or more of these options has been exercised by many Member
States.

the regulations on the structural

The total allocation to the Financial instrument for fisheries guidance (FIFG) in the United Kingdom for
In 1999 this amount was reduced by
fisheries for the period 1994-1999 was € 128,14 million.
€ 25,25 million at the request of the British authorities due mainly to a reduced financial requirement
for a measure to decommission fishing vessels. The amount returned by the United Kingdom was not
reallocated to another Member State but was used to help balance the Community budget for 1999.

The 1998 and 1999 FIFG allocations for the whole of the United Kingdom (all objective 1 and 5a
programmes) totalled € 14,5 million and € 41,2 million respectively. All of these FIFG allocations have
been committed.

It is important to note that financial amounts allocated to measures in a programme are indicative only
and it is normal for changes to be made from time to time as circumstances dictate.

(2000/C 330 E/048)

WRITTEN QUESTION E-2721/99

by Laura GonzÆlez `lvarez (GUE/NGL) to the Commission

Subject: Poisoning of protected birds in Spain

(18 January 2000)

A total of 961 birds of various protected species have died in Spain through poisoning since 1990,
according to figures produced by the Antidote programme, which coordinates the activities of eight
environmental organisations, including WWF/Adena, working to combat the illegal use of poisoned feed
on small-game reserves. The dead birds included 53 imperial Iberian eagles, of which there remain only
115 breeding pairs, and at least six bearded vultures, of which approximately 75 pairs remain. Both
species are in danger of extinction. Among the species at risk of poisoning are two endangered carrion
breeds, the black vulture and the Egyptian vulture, and many protected species, including Bonelli(cid:146)s eagle,
the royal kite, the black kite, the Griffon vulture and the royal eagle. Poison is also transferred to other
endangered species, such as the wild cat and the pardal lynx.

The use of poisoned feed has been illegal in Spain since 1983. Under the Spanish penal code of 1996 and
laws in the autonomous communities, causing the death of endangered species is punishable by fines and
imprisonment. However, this rarely happens.

To ensure effective implementation of Directive 79/409/EEC (1) on the conservation of wild birds and
Directive 92/43/EEC (2) on the conservation of natural habitats and wild fauna and flora, what measures
does the Commission intend to take, together with the Spanish authorities, to step up the fight against the
poisoning of protected birds of prey?

For example, could owners of game reserves be made responsible for ensuring that poisoned feed is not
used on their land, following the example of the recent law on nature conservation approved by the
regional parliament of Castilla-la-Mancha?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.

C 330 E/44

Official Journal of the European Communities

EN

21.11.2000

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

(22 February 2000)

The Commission is aware that many bird species, in particular birds of prey, are adversely affected by
poisoning. The Commission is also aware that this illegal practice, having ceased for a few years, has since
the 1990(cid:146)s returned.

Both Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and Council
Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,
have been transposed correctly into Spanish law.

Furthermore, the Spanish authorities have the powers to take the necessary and appropriate measures to
avoid poisoning occurring.

However, the Commission would be interested in obtaining further information on the conclusions of the
Antidote programme mentioned by the Honourable Member. If necessary, the Commission will conduct an
legislation has been
investigation in order to assess whether the relevant Community environmental
complied with in this case. The Commission will not hesitate to take all the necessary steps, including
recourse to the procedure set out in Article 226 (ex Article 169) of the EC Treaty, to ensure full
compliance with this legislation.

(2000/C 330 E/049)

WRITTEN QUESTION E-2740/99

by Bart Staes (Verts/ALE) to the Commission

(18 January 2000)

Subject: Elf-Atochem chemical plant in Boretto, Reggio Emilia (Emilia-Romagna, Italy)

The multinational firm Elf-Atochem owns and operates a chemical plant in the district of Boretto, in the
Emilia-Romagna region in Italy. In January 1998 a chemical accident occurred in the Elf-Atochem plant
and criminal charges have been brought against the lawyers representing the plant. Over recent years, the
local residents and workers at factories located near the Elf-Acothem plant have often complained to the
local and regional authorities about the discomfort and smells caused by the chemical substances emitted
by the plant. The chemicals used by Elf-Acothem and the proximity of the plant to residential areas are
said by local residents to cause discomfort and serious damage to health (the problem has also been looked
into by the Regional Environmental Protection Agency of the Emilia-Romagna region). On 6 December
1999 further complaints about discomfort in the area around the Elf-Atochem chemical plant were made.
Employees at the companies located in the surrounding area reported an obnoxious smell. The previous
week there had been similar reports of discomfort which led to the Regional Environmental Agency, the
district authorities in Boretto and the local police being alerted. The local fire service was also called to deal
with a tanker carrying chemical substances which had been involved in a road accident in the Boretto
district.

Does the Commission not consider that it should ask the Italian authorities to check whether or not the
Elf-Atochem plant in Boretto complies with the relevant EU legislation on environmental protection, safety
in the workplace, public health, and the use and emission of toxic substances?

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

(23 February 2000)

In the opinion of the Commission, based on the information given by the Honourable Member, the
situation to which he refers could fall within the scope of Council Directive 84/360/EEC of 28 June 1984
on the combating of air pollution from industrial plants (1),
if the installation could be considered a
chemical plant for the production of olefins, derivatives of olefins, monomers and polymers, or for the
manufacture of other organic intermediate products or of basic inorganic chemicals, and of Council
Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous