WRITTEN QUESTION E-3680/01 by Jorge Moreira Da Silva (PPE-DE),Chris Davies (ELDR), Alexander de Roo (Verts/ALE)and Ria Oomen-Ruijten (PPE-DE) to the Commission. Importation of dolphins.
Date: 2002-01-17
Institutions: European Parliament, Provisional data
Subjects: import licence, import policy, import restriction, marine mammal, marketing, protected species, protection of animal life

18.7.2002

EN

Official Journal of the European Communities

C 172 E/111

(2002/C 172 E/114)

WRITTEN QUESTION E-3679/01

by Astrid Thors (ELDR) to the Commission

(17 January 2002)

Subject: The needs of blind people when travelling

A Finnish citizen, Lotta Lamminen, participated in an event organised in connection with the October
session of the European Parliament in Strasbourg.

As a blind person, Ms Lamminen is normally entitled to bring her guide dog with her into the cabin of the
plane and keep it with her throughout the flight. However, this time the ground staff of Air France in
Strasbourg refused to accept this arrangement. It was only after lengthy discussions with the staff of the
flight company and a conversation with the manager of the airport that Ms Lamminen was entitled to
bring her dog along with her.

The experience of travelling in a box in cargo would most probably have been frightening for the dog and
prevented it from helping Ms Lamminen according to its normal capacities for several days.

Has the Commission taken any measures to ensure that blind people’s needs when travelling are taken into
due consideration by flight companies?

Answer given by Mrs de Palacio on behalf of the Commission

(20 February 2002)

The Commission attaches great importance to ensuring that disabled people, including blind people, can
travel like any other citizen …

It has pushed Community airlines to prepare and adopt a voluntary commitment on service to passengers,
which includes meeting the needs of disabled people. Under this schemes airlines commit themselves,
among other things, to carry certified guide dogs in the cabin free of charge, subject to importation and
other regulation. Air France is among the companies that have signed the commitment and will begin
implementation in February 2002.

Valuable as such commitments are, the Commission believes that the rights of disabled people are so basic
that they must be guaranteed by law. It intends later this year to present proposals for legislation on
airlines’ contracts with passengers that, among other things, would create rights for disabled people. This
paper will discuss, among other things, how best to meet the needs of blind and other disabled people.
Before proposing this legislation, the Commission will consult interested parties by means of a consultation
paper, that will naturally be made available to the Parliament

(2002/C 172 E/115)

WRITTEN QUESTION E-3680/01

by Jorge Moreira Da Silva (PPE-DE),
Chris Davies (ELDR), Alexander de Roo (Verts/ALE)
and Ria Oomen-Ruijten (PPE-DE) to the Commission

(17 January 2002)

Subject: Importation of dolphins

The import of cetacean species (known as whales, dolphins and porpoises) into the European Union for
primarily commercial purposes is banned by European Council Regulation (EC) 338/97 (1) of 9 December
1996. However, importation of live specimens of cetaceans, especially of bottlenose dolphins (Tursiops
truncatus) has continued in recent years.

C 172 E/112

Official Journal of the European Communities

EN

18.7.2002

We, Members of the European Parliament, are concerned about current applications by dolphinariums for
the importation of bottlenose dolphins originating from Cuba and Guinea-Bissau into Portugal for captive
display. To our knowledge no abundance estimates for the Cuban and/or Guinea Bissau bottlenose dolphin
population are currently available. Referring to the fact that the bottlenose dolphin (Tursiops truncatus) is
listed in Annex II of the so-called SPAW-Protocol (Specially Protected Areas and Wildlife (SPAW) Protocol
of the Cartagena Convention of the Wider Caribbean Region) for which ‘the taking, possession or killing
(including, to the extent possible, the incidental taking, possession or killing) or commercial trade in such
species, their eggs, parts or products’ is prohibited, and to which Cuba is a Party, we are concerned that
granting an import permit would not only violate existing EU law, but may also be in violation of existing
regional treaties in other parts of the world.

Therefore we would like the Commission to clarify the following aspects:

1. What are the detailed criteria, under Council Regulation (EC) 338/97, which have to be met by an
institution applying for an import of Annex A animals, for the CITES authority of a Member State to
be able grant an import permit for such specimens for the purpose of education, breeding and
scientific research?

2. What kind of evaluation process exists to ensure that such criteria are being consistently met by the
institutions that have previously imported live cetaceans into the European Union under such an
import permit?

3. What criteria exist to evaluate whether a zoo, amusement park or other such facility displaying wild

animals is classified as ‘primarily commercial’ or not?

4. What steps can be taken by the Commission if it is proven that a national CITES authority has granted
an import permit
for a CITES-listed species without being in a position to prove that such
introduction into the Community ‘would not have a harmful effect on the conservation status of the
species or on the extent of the territory occupied by the relevant population of the species’ (Council
Regulation (EC) 338/97, Art.4)?

(1) OJ L 61, 3.3.1997, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(26 February 2002)

The detailed conservation criteria that must be complied with before a Member State issues an import
permit for live dolphins are set out in Article 4.1 of Council Regulation (EC) No 338/97 of 9 December
1996 on the protection of species of wild fauna and flora by regulating trade therein (1).

Requests to import dolphins need to be addressed on a case-by-case basis by the Management and
Scientific Authorities of the Member State of destination. However, in order to help ensure that the criteria
are being applied consistently, the Scientific Review Group, established under Article 17 of Regulation (EC)
No 338/97, has adopted guidelines detailing the factors that national scientific authorities will consider
when providing their advice under Article 4.1(a). At a meeting of
the Scientific Review Group on
29 November 2001 the Commission specifically reminded Member States’ scientific authorities to apply
these provisions thoroughly in relation to any proposed import of dolphins.

The term ‘primarily commercial purposes’ is defined in Article 2 (m) of Council Regulation (EC) No 338/97.
The judgement about whether a specimen to be imported will be used for primarily commercial purposes
or not, rests with the Management Authority of the Member State of import E each case being taken on
its individual merits.

Under the terms of Council Regulation (EC) No 338/97 the Commission is required to draw the attention
in
of any Member State to matters whose investigation it considers necessary. The Commission,
consultation with a Member State may deem an import permit void if it has been established that it was
issued on the false pretence that the conditions for its issuance were met.

(1) OJ L 61, 3.3.1997.