WRITTEN QUESTION E-2435/00 by Giorgio Celli (Verts/ALE) to the Commission. Death of dolphins at Gardaland.
Date: 2000-07-19
Institutions: European Parliament, Provisional data
Subjects: Italy, competence of the Member States, death, international convention, leisure park, marine mammal, protection of animals, safety standard

C 113 E/94

Official Journal of the European Communities

EN

18.4.2001

cooperating voluntarily, have undertaken that by 2003 they will be able to provide up to 5 000 police
officers for international missions across the range of conflict prevention and crisis management
operations. Member States have also undertaken to be able to identify and deploy up to 1 000 police
officers within 30 days. The participation of
the Member States in crisis
management operations conducted by the Union must not in present circumstances be confused
with the proposal, submitted by the Commission and now under scrutiny by the Council, for a (cid:145)rapid
reaction facility(cid:146). The European Council invited the French Presidency, together with the Secretary
General/High Representative, to carry work forward within the General Affairs Council on this subject,
and to submit an overall Presidency report to the European Council
in Nice in December 2000,
including information on the development and implementation of EU capabilities in civilian aspects of
crisis management.

the police forces of

(1) OJ C 221, 19.7.1997, p. 1.
(2) OJ C 26, 30.1.1999, p. 23.

(2001/C 113 E/093)

WRITTEN QUESTION E-2431/00

by Gorka Kn(cid:246)rr Borr(cid:224)s (Verts/ALE) to the Commission

(18 July 2000)

Subject: Peoples

What is the Commission(cid:146)s interpretation of (cid:145)peoples(cid:146), within the meaning of Articles 151, 189 and 190 of
the EC Treaty? In the case of the Spanish State, does it correspond to that which the Spanish Constitution
recognises as (cid:145)nationalities(cid:146)?

Answer given by Mr Prodi on behalf of the Commission

(29 September 2000)

In the provisions referred to by the Honourable Member, as in other provisions (see in particular the first
recital of the Preamble to the EC Treaty), the term (cid:145)European peoples(cid:146) or (cid:145)peoples of the Member States(cid:146) is
general and refers to the population of the Member States making up the Community.

The Commission considers that the authors of the Treaties used the word (cid:145)peoples(cid:146) throughout to refer to
the people holding the nationality of a Member State, namely the citizens of the Union.

(2001/C 113 E/094)

WRITTEN QUESTION E-2435/00

by Giorgio Celli (Verts/ALE) to the Commission

(19 July 2000)

Subject: Death of dolphins at Gardaland

There have been reports of a number of deaths among the bottle-nosed dolphins (Tursiops truncata) kept
at the dolphinarium at the Gardaland amusement park (Verona, Italy).

These dolphins apparently take part in a show designed for public entertainment that is repeated five times
each day, which may have put their lives at risk.

It should be remembered that these animals are protected under the Convention of Washington of 3 March
1973 (CITES), which has been incorporated into its law by the European Union (Council Regulation EC/
3626/82 (1) and Commission Regulation EC/3418/83 (2). The EU has also adopted Council Regulation EC/
338/97 (3) of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade
therein. Subsequently, on 26 May 1997, the EU adopted Commission Regulation (EC) 939/97 (4) laying
down detailed rules concerning the implementation of Council Regulation (EC) 338/97.

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Official Journal of the European Communities

C 113 E/95

Is the Commission aware of these incidents?

Will it check that all safety standards have been met?

(1) OJ L 384, 31.12.1982, p. 1.
(2) OJ L 344, 7.12.1983, p. 1.
(3) OJ L 61, 3.3.1997, p. 1.
(4) OJ L 140, 30.5.1997, p. 9.

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

(19 September 2000)

The Commission is not aware of the incidents mentioned by the Honourable Member.

Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and
flora by regulating trade therein, and Commission Regulation (EC) No 939/97 of 26 May 1997, laying
down detailed rules concerning the implementation of the above Council Regulation, have replaced
respectively Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the
Community of the Convention on international trade in endangered species of wild fauna and flora, and
Commission Regulation (EEC) No 3418/83 of 28 November 1983 laying down provisions for the uniform
issue and use of the documents required for the implementation in the Community of the Convention on
international trade in endangered species of wild fauna and flora.

The dolphin (Tursiops truncatus) is a species included in Annex A of Council Regulation (EC) No 338/97
which means that it may not be imported for commercial purposes, but in the case of dolphinaria, or
zoos, a derogation under Article 8(3)(g) may be invoked, i.e. that import may take place if intended for
research or education aimed at the preservation or conservation of the species. Moreover, the Regulation
stipulates that import can only take place if the scientific authority of the Member State concerned is
satisfied that the intended accommodation for a live specimen at the place of destination is adequately
equipped to conserve and care for it properly.

However, the keeping and treatment of live animals, dolphins in dolphinaria in this case, falls within the
competence of the individual Member States. Consequently, the Commission is not in a position to control
any safety standards.

(2001/C 113 E/095)

WRITTEN QUESTION E-2437/00

by Giovanni Pittella (PSE) to the Commission

(19 July 2000)

Subject: Dangers posed by electromagnetic fields

The European Parliament recently dealt with the question of the risks posed by electromagnetic radiation
in the Tamino report on a proposal for a Council recommendation on setting limits for exposure of the
public to electromagnetic fields. Parliament supported the adoption of a common framework in this field
and stressed the need for more extensive research into the effects on health of electromagnetic fields and
the urgent need for a wide-ranging and continuing campaign to raise awareness of the dangers of
exposure.

In response to this position, only some Member States have taken steps to legislate in this field by
introducing framework laws. There is concern among the population, together with a desire for knowledge
and for precise rules to provide safeguards against the risk of prolonged exposure to electromagnetic
radiation and the effects this might have.

In the light of the above, does the Commission not think it necessary to call on the Member States which
have been slow to act and urge them to adopt the appropriate legislative provisions on the basis of the
recommendation?