WRITTEN QUESTION E-0465/01 by Antonios Trakatellis (PPE-DE)and Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Commission. Violation of Community environmental legislation and measures to protect the Loggerhead (Caretta Caretta) sea turtle.
Date: 2001-02-20
Institutions: European Parliament, Provisional data
Subjects: EU law, Greece, Ionian Islands, action for failure to fulfil an obligation, environmental law, infringement of EU law, protected area, protected species, reptile

27.3.2004

EN

Official Journal of the European Union

C 78 E/1

I

(Information)

EUROPEAN PARLIAMENT

WRITTEN QUESTIONS WITH ANSWER
(Part 1)

(2004/C 78 E/0001)

WRITTEN QUESTION E-0465/01

by Antonios Trakatellis (PPE-DE)
and Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Commission

(20 February 2001)

Subject: Violation of Community environmental

legislation and measures to protect

the Loggerhead

(Caretta Caretta) sea turtle

In its answer to a previous question about the implementation of environmental legislation (P-3912/00 (1)),
in view of Greece’s failure to take the necessary measures to ensure the
the Commission states that,
protection of the marine turtle Caretta Caretta in breach of Article 12 of Directive 92/43/EEC (2), it initiated
legal proceedings before the Court of Justice on 17 March 2000 (Case C-2000/103).

This turtle is a rare species in danger of extinction and 30-50 % of the remaining stock of these turtles in
the Mediterranean have found refuge in the Gulf of Lagana on the island of Zakinthos; the shores of this
area are considered the most
the
Commission has decided to suspend the funding of projects, such as the Lagana biological purification
plant, owing to the violation of environmental legislation. In view of the above, will the Commission say:

important nesting places in the entire Mediterranean. Moreover,

1. What measures does it consider adequate to put an end to the violation of Community environmental
legislation in Zakinthos, and notably in region GR2210002 of the Natura 2000 network, so as to
ensure the comprehensive protection of the biological diversity and maintain natural biotopes and
wild fauna and flora in this regard?

2.

In implementing measures to ensure the effective protection of the species in question can the Greek
Government include measures to exchange land, compensation and the expropriation of land at a
reasonable price so as to strike a balance between environmental protection and the tourist
development of the island and protect the rights of property owners?

3. Can the plans co-funded by the Community cover the cost of compensatory measures and costs

relating to the exchange and expropriation of land?

4. The Presidential Decree concerning the establishment of a body for managing the marine park of
Zakyithos is flawed, because the local community, the social partners and social organisations are not
represented and it does not contain the necessary measures to establish a system of strict protection,
as required by Article 12 of Directive 92/43/EEC. Can the Commission really go ahead with the co-
funding of flawed management schemes?

(1) OJ C 174 E, 19.6.2001, p. 182.
(2) OJ L 206, 22.7.1992, p. 7.

C 78 E/2

Official Journal of the European Union

EN

27.3.2004

Answer given by Mrs Wallström on behalf of the Commission

(24 April 2001)

Article 12 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of
wild fauna and flora (1) states that Member States shall take the requisite measures to establish a system of
strict protection for the animal species listed in Annex IV(a), prohibiting deliberate disturbance of these
species, particularly during the period of breeding, rearing, hibernation and migration as well as
deterioration or destruction of breeding sites or resting places.

The Commission initiated legal proceedings before the Court of Justice on 17 March 2000 in view of the
Greek authorities’
failure to take the measures they had declared necessary in order to protect the
Loggerhead Sea Turtle Caretta caretta, namely the adoption of two Presidential Decrees on, firstly, the
establishment of the Zakinthos marine park and, secondly, compensatory measures. The Greek authorities
adopted the Presidential Decree establishing the marine park in December 1999.

The Commission considers that, in addition to adopting the second Presidential Decree on compensatory
measures, the Greek authorities should take the measures needed to ensure the smooth running of the
marine park and should make provision for the long-term implementation of a package of practical
measures to protect the Lagana beaches which are nesting sites for the species.

Directive 92/43/EEC leaves it to Member State to specify the measures needed to establish a system of
strict protection for the animal species concerned. The Greek authorities must therefore define the practical
measures needed to ensure the protection of Caretta caretta on Zakinthos.

The projects co-funded by both the European Regional Development Fund and the Cohesion Fund cover
the cost of the projects plus, where necessary and within certain limits, the cost of related expropriations.
The cost of any compensatory measures and costs relating to the exchange of land, etc., must normally be
covered by national funding without any Community contribution.

The type of project to which the Honourable Members refer (a biotope management plan) may be eligible
under the future ‘Environment’ Operational Programme (OP) for Greece for the programming period
2000-2006.

In order to be eligible, a project must comply with the objective and transparent selection criteria
authorised in advance by the authority responsible for managing each OP. These criteria are listed in the
framework for the abovementioned period and, amongst other considerations,
Community support
stipulate that
the project promoters must be capable of
completing it successfully. It is however the task of the Monitoring Committee for each OP to determine
the details of the specific criteria adopted and subsequently to check that they are properly implemented
by the relevant authority.

the project must be operational and that

(1) OJ L 206, 22.7.1992.

(2004/C 78 E/0002)

WRITTEN QUESTION E-2369/02

by Chris Davies (ELDR) to the Commission

(2 August 2002)

Subject: Directive 1999/74/EC on the protection of laying hens

What is the estimated cost to business of compliance with Directive 1999/74/EC (1) laying down minimum
standards for the protection of laying hens?

How many keepers are there in the EU who hold less than 350 hens?

(1) OJ L 203, 3.8.1999, p. 53.