WRITTEN QUESTION P-0134/02 by Albert Maat (PPE-DE) to the Commission. Maintaining the tradition of collecting plovers' eggs in Friesland.
Date: 2002-01-25
Institutions: European Parliament, Provisional data
Subjects: Friesland, customs and traditions, derogation from EU law, environmental law, infringement procedure (EU), protection of animal life

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Official Journal of the European Communities

EN

29.8.2002

(2002/C 205 E/083)

WRITTEN QUESTION P-0134/02

by Albert Maat (PPE-DE) to the Commission

(25 January 2002)

Subject: Maintaining the tradition of collecting plovers’ eggs in Friesland

The hunting and collection of plovers’ eggs at a certain time of the year is an old tradition in Friesland.
The practice is subject to strict rules: eggs can only be collected from 1 March to 1 April and authorisation
will not be granted unless a collector can show that ‘aftercare’ will be provided (including protection of the
nest after 1 April). The way in which collection is now regulated could even be said to be a modern
approach to nature conservation. This tradition is now under threat because the European Commission is
not prepared to grant Friesland an exemption from implementation of
the Birds Directive in the
Netherlands. Although plovers are protected in Friesland they are hunted, for example, in France. Under
Article 9(1)(c) of the Birds Directive this is permitted subject to stringent conditions. The Province of
Friesland, in cooperation with the Ministry of Agriculture, Nature Conservation and Fisheries, is currently
examining the possibility of tightening up the requirements with regard to selectivity and preservation
policy under new ministerial rules.

This time-honoured tradition enjoys broad support within Friesland.

Is the Commission aware of the special nature of the Friesian tradition of collecting plovers’ eggs during a
certain period of the year?

Is the Commission prepared to make an exception under Article 9(1)(c),
the authorities in the
Netherlands (Ministry of Agriculture, Nature Conservation and Fisheries and Province of Friesland) satisfy
the necessary conditions?

if

If not, why not?

Answer given by Mrs Wallström on behalf of the Commission

(25 February 2002)

The Commission is aware of the traditional taking of lapwing eggs from the wild in the province of
Friesland in the Netherlands.

Lapwing, as any other European naturally occurring bird species, falls under the scope of Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds (1) (hereinafter referred to as ‘the Directive’).

Article 5 of the Directive strictly forbids inter alia, the taking of eggs from the wild.

Exceptions to this general prohibition under article 5 of the Directive may only be granted under the strict
derogation system set out in article 9 of the Directive, provided that there is no other satisfactory solution,
only for one of the following reasons:

: in the interests of public health and safety; in the interests of air safety; to prevent serious damage to

crops, livestock, forests, fisheries and water; for the protection of flora and fauna;

: for the purposes of research and teaching, of re-population, of re-introduction and for the breeding

necessary for these purposes;

: to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other

judicious use of certain birds in small numbers.

The Commission is currently investigating a case concerning this practice of taking of eggs from the wild
in the province of Friesland,
in the Netherlands. In the context of this investigation, the Commission
opened an infringement procedure, since it had no indication that the provisions of Article 9 of the
Directive were respected in this case. In the framework of this ongoing case, a reasoned opinion pursuant

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to Article 226 of the EC Treaty has been issued. In the absence of an answer to this reasoned opinion, the
Commission decided to bring the case before the European Court of Justice. Shortly afterwards, the
authorities of
the Netherlands responded to the reasoned opinion. This answer is currently under
assessment. If the assessment under way shows that the authorities of the Netherlands have acted in
compliance with the provisions of Article 9 of the Directive, the case will be closed. Otherwise, the
Commission could decide to implement its former decision to bring the matter before the European Court
of Justice.

(1) OJ L 103, 25.4.1979.

(2002/C 205 E/084)

WRITTEN QUESTION E-0138/02

by Jorge Hernández Mollar (PPE-DE) to the Commission

Subject: Regeneration of beaches on the Malaga coastline

(1 February 2002)

The tourism authorities of the province of Malaga, Spain, have been the first to take action to tackle the
disastrous condition of the beaches in many parts of the Costa del Sol as a result of the recent storms and
the serious damage caused.

The main tourism authorities of the province at all levels have shown deep concern for this problem,
since, unless the beaches are regenerated within a few months, the adverse effects on tourism in the Costa
del Sol will be significant.

Will the Commission say what emergency Community aid could be used to help combat the effects of the
disastrous storms which devastated the Costa del Sol’s beaches?

Answer given by Mr Barnier on behalf of the Commission

(11 March 2002)

The Commission cannot grant exceptional aid because Parliament removed the specific budget line for
emergency aid in the event of natural disasters in the Member States in 1997. That line had an annual
budget of € 5 million. The Commission must therefore aid the reconstruction of the affected regions
through existing instruments, under regional policy in particular.

the Structural Funds under the 2000-2006
The province of Malaga is covered by Objective 1 of
Operational Programme for Andalusia.
the various operational
programmes, the Spanish authorities can decide to jointly finance infrastructure projects and projects to
redevelop damaged productive activities, provided that they meet the programme’s objectives, are eligible
for the Structural Funds and comply with the legislation in force.

In their capacity as manager of

The Commission will promptly consider any notifications submitted by the Spanish authorities, but any
decision on whether to grant aid or not is for them alone to take.

(2002/C 205 E/085)

WRITTEN QUESTION P-0142/02

by Giuseppe Di Lello Finuoli (GUE/NGL) to the Council

(29 January 2002)

Subject: Creation of anti-globalisation units and a database for demonstrators

It is reported by a number of information networks that the Spanish Ministry of the Interior has set up
‘anti-globalisation’ units.