WRITTEN QUESTION E-0967/02 by Eurig Wyn (Verts/ALE) to the Commission. The capturing and killing of dolphins in Devon and Cornwall.
Date: 2002-04-10
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, fishing controls, fishing net, fishing regulations, marine mammal, proposal (EU), protection of animal life

14.11.2002

EN

Official Journal of the European Communities

C 277 E/117

The purpose of the amendment is to allow more intensive urban development. Amongst the zones which
will now become subject to increased urban pressure is a major route across flat country used by wild
animals, a veritable ecological corridor between two nearby mountains, namely Collserola mountain and
the natural park of Sant Llorenç del Munt, Serra de l’Obac.

The scheme in question threatens the biodiversity of the entire region. It flies in the face of any prospect of
sustainable development, and has led to protests and appeals from many NGOs and environmental
protection associations. It would appear to violate 1985 and 1997 directives on environmental impact
assessments for public or private projects, and the 1992 directive on the preservation of the natural
habitats of fauna and flora.

Is the Commission aware of the situation? If not, does it have any means of carrying out an inquiry? If it
is, would it inform me and possibly also the authorities concerned as to its standpoint?

Answer given by Mrs Wallström on behalf of the Commission

(29 May 2002)

It must be pointed out that Article 2 of Council Directive 85/337/EEC of 27 June 1985 on the assessment
of the effects of certain public and private projects on the environment (1), amended by Council Directive
97/11/EC of 3 March 1997 (2), states that Member States are to adopt all measures necessary to ensure
that, before consent is given, projects likely to have significant effects on the environment by virtue of
their nature, size or location are made subject to an assessment with regard to their effects. This provision
is applicable to the projects referred to in Annexes I and II to the Directive.

It must be stressed, however, that only concrete projects are referred to in the Annexes of Directive
85/337/EEC, amended by Directive 97/11/EC. Urban development plans or regulations cannot be regarded
as projects and, as a result, do not fall within the scope of this Directive. Nevertheless, it will be noted that,
if any project resulting from the application of a town planning regulation falls within the scope of
Annexes I or II to the Directive, it will then have to be subject to the procedure provided for therein.

The Commission was not informed of the events which the Honourable Member deplores. In any case, on
the basis of the information provided in the written question, the Commission considers that the facts as
reported do not constitute a failure to comply with Community legislation.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2002/C 277 E/132)

WRITTEN QUESTION E-0967/02

by Eurig Wyn (Verts/ALE) to the Commission

(10 April 2002)

Subject: The capturing and killing of dolphins in Devon and Cornwall

Over the last few weeks Wildlife Trust volunteers have reported an alarming number of incidents of
stranded dolphins. The mutilated bodies of over 85 dolphins have been collected from the beaches of
Devon and Cornwall.

The UK Government has carried out a limited observer programme on the British pelagic fleet. The results
showed that 53 common dolphins were caught in 14 hauls for bass.

Since 1 January 2002 the EU has banned the use of drift nets in tuna fisheries, because of substantial by-
catches of dolphins.

C 277 E/118

Official Journal of the European Communities

EN

14.11.2002

Does the Commission agree that similar measures should be put in place for bass fishing? Will the
Commission also agree that these measures would lead to a substantial reduction in the incidental capture
and killing of dolphins?

Many European countries such as France and the Netherlands are not conducting independent monitoring
of their pelagic trawl fisheries. Does the Commission agree that the monitoring of cetacean by-catch in all
pelagic trawl fisheries in European waters should be made compulsory?

Answer given by Mr Fischler on behalf of the Commission

(15 May 2002)

The problem of dolphin by-catch in the bass fishery off Devon and Cornwall is just an example of the
problem of by-catch of protected or threatened species. Cetaceans, which are strictly protected under
Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
flora (1), suffer mortality from diverse types of fishing, not just the winter bass fishery in the Western
Channel. Updated details on by-catch of cetaceans may be obtained from the report of the STECF
(Scientific, Technical and Economic Committee for Fisheries) subgroup on Fishery and the Environment.
Details on the problem can also be found from the 2002 report of the Advisory Committee for the
Environment (ACE) of the International Council for the Exploration of the Sea.

The above-mentioned reports also highlight possible remedial measures to keep by-catch of cetaceans
under control. However, technical details that will be needed to draft efficient measures proportionate to
the threat to cetacean populations are still missing. The Commission expects to have a complete picture of
these details by June 2002.

As far as the monitoring of by-catch is concerned, it should be borne in mind that Article 12 of Directive
92/43/EEC already stipulates this obligation for Member States, as well as the obligation to set up remedial
measures. The Commission believes that, in any case, action at Community level is required for monitoring
and alleviation of by-catch to be effective.

On the basis of the forthcoming reports of STECF and ICES, and following further consultation, the
Commission will elaborate the appropriate legislative proposals on monitoring and mitigation of by-catch.
Whether these measures will include measures similar to the drift-net ban cannot be anticipated at this
stage.

(1) OJ L 206, 22.7.1992.

(2002/C 277 E/133)

WRITTEN QUESTION E-0973/02

by Jules Maaten (ELDR) to the Council

(10 April 2002)

Subject: Phone tapping at Europol

Is the Council aware of the revelation in the edition of ‘De Telegraaf’ published on 23 March 2002

1.
that internal phones are allegedly being tapped at Europol?

Does the Council share my view that, if those allegations prove to be true, they indicate lamentable

2.
working relationships at Europol and potential management problems?

Is the Council prepared to conduct an inquiry into these allegations and inform the European

3.
Parliament of the findings of that inquiry and of any measures which might be taken?