WRITTEN QUESTION E-0639/02 by Chantal Cauquil (GUE/NGL) to the Commission. Death of dolphins in Community waters.
Date: 2002-03-06
Institutions: European Parliament, Provisional data
Subjects: France, application of EU law, by-catch, fishing controls, marine mammal, protection of animal life, report

C 301 E/50

Official Journal of the European Communities

EN

5.12.2002

2.

The intention is to provide a document of the Commission during 2002.

3.
The guide will be fully in accordance with the jurisprudence of the Court of Justice on hunting and
based on sound scientific principles. However, there are still issues related to the practice of hunting for
which the Court has not given interpretation (e.g. the French Conseil d’Etat has recently referred questions
relating to the possible use of Article 9 derogations for hunting to the Court). The Commission,
in
preparing the guide, has stated from the outset that definitive interpretation of environmental legislation is
the role of the Court.

The Commission is pursuing the alleged infringement of the Birds Directive by a number of provisions in
the German Federal and regional hunting legislation in the framework of case 1999/4095. On
20 December 2001 the Commission decided to bring the matter before the Court. Since this decision
was taken, new developments in the German legislation intervened or are imminent, which the
Commission must assess before the decision to apply to the Court can be implemented.

(2002/C 301 E/055)

WRITTEN QUESTION E-0639/02

by Chantal Cauquil (GUE/NGL) to the Commission

(6 March 2002)

Subject: Death of dolphins in Community waters

The Commission’s reply of 15 January 2002 to question P-3509/01 (1) has given rise to the following
observations and questions regarding the application of Community rules:

(cid:1) In accordance with Articles 11 and 12(4) of Council Directive 92/43/EEC (2),

is the legal
responsibility of Member States to implement Community rules on the surveillance and monitoring
of fishing activities relating to the incidental capture of cetaceans. In this context, Member States were
the
required to report
provisions of the aforementioned directive. The Commission has noted that some Member States,
including France, have not respected this obligation. The same state of affairs is reported each year by
the Commission.

to the Commission, by 30 September 2001, on the implementation of

it

(cid:1) Does the Commission, whose role in this matter is to ensure the effective implementation of the
provisions in force, have sufficient coercive power, freedom and will to force Member States to
implement and respect its own directives?

(cid:1) Is the Commission in a position to say which Member States did not fulfil their obligations in 1999,
in particular the obligation to provide the Commission with a report on the

2000 and 2001,
monitoring of the incidental capture of dolphins?

(cid:1) Last December the Commission organised a four-day meeting with the Fisheries Directorate-General,
the Environment Directorate-General and its Scientific, Technical and Economic Committee for
Fisheries in order to give an updated overview of relevant scientific material and in order to find a
solution to the problem.

(cid:1) What was the outcome of this meeting?

(cid:1) The reply of 24 July 2000 to question E-2105/00 (3) states that ‘the Member of the Commission in
charge of Fisheries indicated his intention to give priority to further research and to consider what
might be done in the immediate future’.

(cid:1) Could the Commission communicate the results of research carried out since 24 July 2000?

(1) OJ C 134 E, 6.6.2002, p. 239.
(2) OJ L 206, 22.7.1992, p. 7.
(3) OJ C 89 E, 20.3.2001, p. 150.

5.12.2002

EN

Official Journal of the European Communities

C 301 E/51

Answer given by Mrs Wallström on behalf of the Commission

(7 May 2002)

According to the obligations arising under Article 17(1) of the Habitats Directive, Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, the
Member States are required to draw up a report on the implementation of the measures taken under the
Directive every six years from the date of expiry of the period laid down in Article 23 of the Directive. The
reports currently due cover the first period of
the Directive (1994-2000). The
Commission has reminded the Member State delegates several times in the Habitats Committee of the need
for a timely transmission of their national reports.

implementation of

At present, the reports from Belgium, Denmark, Germany, Greece, Ireland, Austria, Portugal, Finland,
Sweden and United Kingdom have been received. The Commission envisages taking appropriate initiatives
in order to ensure that Member States not having transmitted their reports yet, will meet their obligations
in the shortest delay.

On the other hand, if the analysis of this information leads to the conclusion that there is a failure to
comply with Community law protecting cetaceans, then the Commission will consider taking appropriate
measures to ensure proper fulfilment of national duties.

level

Notwithstanding these specific national issues, the Commission is increasingly aware that efforts deployed
the Habitats Directive in this regard may not be sufficient. Other
at national
Community initiatives might therefore be required, including an overall downsizing of the fishing effort to
reduce the pressure on the whole marine environment, and also more targeted measures aimed to avoid
significant impacts on some sensitive species, such as cetaceans.

to implement

The Commission organised in December 2001 a meeting of a sub-group of its Scientific, Technical and
Economic Committee for Fisheries (STECF) with a view to providing the Commission with the scientific
and technical basis for the setting up of measures to mitigate by-catch of cetaceans. The report of the
meeting is yet to be finalised by correspondence, and will be made available to the Parliament as soon as it
is completed.

As far as the results of the studies are concerned, these are reviewed and compiled by the relevant scientific
bodies, especially STECF and the International Council for the Exploration of the Sea (ICES). STECF reports
are regularly made available to the Parliament and ICES reports are publicly available through Internet. It is
expected that, by early summer, a new report from ICES and an extended report from STECF will become
available as the most updated information on the problem of fisheries and cetaceans.

On these bases, measures as those mentioned before could be drafted and proposed for adoption to the
Council.

(2002/C 301 E/056)

WRITTEN QUESTION P-0692/02

by Gabriele Stauner (PPE-DE) to the Commission

(5 March 2002)

Subject: Audit reports concerning renovation of the Berlaymont Building

In Written Question P-0571/01 (1), I asked the Commission to forward the confidential audit reports drawn
up by Ernst & Young concerning the renovation of the Berlaymont Building.

In his answer of 3 April 2001, the President of the Commission informed me that the reports had already
been sent to the chairman of the Committee on Budgetary Control in connection with the 1999 discharge
procedure.

The reports had indeed been forwarded by Vice-President Kinnock and Commissioner Schreyer to the
chairman of the Budgetary Control Committee on 9 February 2001, though with the proviso that only the
rapporteur for the 1999 discharge procedure was to have access to them.