WRITTEN QUESTION E-1865/03 by Anders Wijkman (PPE-DE) to the Commission. National interpretation of EU legislation on protection of endangered animals.
Date: 2003-06-06
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Sweden, bird, international convention, interpretation of the law, protected species, protection of animal life, trade restriction

20.3.2004

EN

Official Journal of the European Union

C 70 E/65

Answer given by Mr Prodi on behalf of the Commission

(6 August 2003)

The Commission would refer to the answer it recently gave to Written Question E-1370/03 by Ms Patricia
McKenna (1) on the same subject.

As was explained in that answer, the status of member of the Bilderberg Club is not defined by the statutes
of the Club and occasional attendance at one or other meeting does not mean that a person can be
deemed to be a member of the Club, nor does it warrant a reference in the declaration of interests
provided for by the Code of Conduct for Commissioners.

Moreover, no Commissioner is a member of the Trilateral Commission, whose statutes exclude persons
holding public office from membership.

With regard to the last paragraph, which raises the question of a possible conflict of interest, it should be
pointed out that this is not the case as occasional attendance at meetings of outside bodies does not imply
that the person concerned shares their objectives or takes part in their decision-making processes.

(1) OJ C 268 E, 7.11.2003, p. 192.

(2004/C 70 E/068)

WRITTEN QUESTION E-1865/03

by Anders Wijkman (PPE-DE) to the Commission

(6 June 2003)

Subject: National interpretation of EU legislation on protection of endangered animals

The scarlet macaw is a species of bird included on the EU’s list of endangered animals (Annex A).
EU legislation, which is based on and strengthens the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) seeks to protect wild plants and animals from extinction by
restricting and controlling trade therein.

The Swedish Board of Agriculture is the authority responsible for the implementation of the EU legislation
in Sweden. According to staff of the Board of Agriculture, EU rules may be interpreted in such a way that
a scarlet macaw which has lived in Sweden for fifty years, first in a pet shop and then in a tropical wildlife
centre, and whose origin is not documented, may no longer be displayed to the public but must be
impounded and possibly put down. However, the bird is ‘pre-convention’, i.e. it was imported into the
country before the entry into force of the EU legislation or CITES.
It should therefore be exempt.
Moreover, the interpretation of the Swedish Board of Agriculture runs counter to the spirit of the
legislation which is there to promote animal welfare.

Does the Commission consider that the Swedish Board of Agriculture has made a reasonable interpretation
of the EU’s legislation?

Answer given by Mrs Wallström on behalf of the Commission

(17 July 2003)

The primary purpose of CITES and of Council Regulation (EC) No 338/97 (1), which implements it in the
Community, is to protect wild species of flora and fauna from unsustainable trade.

The species listed on Appendix I of the Convention, which corresponds to Annex A of the Regulation, are
those most at risk. In view of this, commercial use of wild-caught specimens is prohibited. The scarlet
macaw is one of these species.

C 70 E/66

Official Journal of the European Union

EN

20.3.2004

Derogations are provided for in this regard if the specimen entered the territory of the Member State
before CITES legislation applied. However, such derogations are only granted on a case-by-case basis where
the CITES Management Authority in the relevant Member State has satisfied itself regarding the facts of the
case and issues a certificate accordingly. Otherwise, it would be possible to trade commercially in illegally
taken wild animals or plants by misrepresenting them as ‘pre-convention specimens’ and the objective of
Annex A listing would be undermined.

If the specimen is being used for commercial purposes and no derogation is granted, this constitutes an
offence and the specimen must be seized and confiscated. Unless they can feasibly be returned to their
country of origin, live specimens (of animals or plants) are sent to a designated rescue centre in such
circumstances. If they cannot remain there in the long term, they are usually passed on to reputable zoos
or breeders but the prohibition on commercial use remains.

The Commission has contacted the Swedish Management Authority about the present case. It had come to
the attention of the authorities in Sweden that the bird was being displayed without a certificate. Quite
correctly, the owner was advised to apply for a certificate. This certificate has subsequently been granted.
In the meantime, on the basis of media reports, a misunderstanding arose that the bird would be killed if a
certificate could not be granted. The Commission is informed that this was never the Swedish Management
Authority’s intention.

The Commission is satisfied that the Swedish Authorities interpreted Community legislation correctly and
acted properly in this case. The welfare of the bird was not put at risk and the overriding objective of
preventing fraudulent or unsustainable use of endangered species in Annex A species was respected.

(1) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by

regulating trade therein, OJ L 61, 3.3.1997.

(2004/C 70 E/069)

WRITTEN QUESTION E-1878/03

by Christopher Huhne (ELDR) to the Commission

(6 June 2003)

Subject: Impact assessment

Will the Commission detail what measures it is taking to improve the quality of the cost and benefit
analysis attached to its legislative proposals? What are its objectives in this regard?

Answer given by Mr Prodi on behalf of the Commission

(31 July 2003)

The Commission has introduced an impact assessment (IA) procedure covering both regulatory aspects and
sustainable development. The Better Regulation Action Plan and the Communication on Impact
Assessment, adopted in 2002, establish a new integrated approach to IA as agreed at the Göteborg and
the Laeken European Councils. The Communication (1) foresees that, for all major initiatives included in
the Commission’s Annual Policy Strategy and Work Programme, an impact assessment be carried out. This
covers a preliminary assessment of the main impacts of the proposal.

This year, the Commission will carry out extended IAs (Ex IAs) for 43 of its initiatives. These proposals fall
within the three main Commission priorities for 2003, being (1) Enlargement, (2) Stability and Security
and (3) Sustainable and Inclusive Economy.

The Ex IAs should evaluate the economic, social and environmental impacts of the proposal concerned.
The benefits and disadvantages of
the various policy proposals should be described in qualitative,
quantitative terms and, whenever possible, monetary terms. This should allow all stakeholders to
understand the implications of Commission proposals giving them the possibility to draw their conclusions
about the costs and benefits of the proposal concerned.