WRITTEN QUESTION E-1899/03 by Jillian Evans (Verts/ALE) to the Commission. Dolphins in trawler nets.
Date: 2003-06-06
Institutions: European Parliament, Provisional data
Subjects: by-catch, fisheries policy, fishing net, fishing regulations, marine mammal, protection of animals

26.2.2004

EN

Official Journal of the European Union

C 51 E/155

Answer given by Mrs Wallström on behalf of the Commission

(30 July 2003)

In response to the Honourable Member’s previous written questions about the outbreaks of legionellosis in
Alcoy, the Commission opened an own-initiative investigation, registered as No 2001/2048, to check that
the Spanish authorities were correctly applying Community environmental law in this particular case.

In the course of its enquiries, the Commission contacted the Spanish authorities to ask for their comments
on the situation reported by the Honourable Member and the application, in this case, of Council Directive
80/778/EEC (1) of 15 July 1980, on the quality of water intended for human consumption. This Directive
was replaced by Council Directive 98/83/EC (2) of 3 November 1998 on the quality of water intended for
human consumption.

As explained in the answer to the Honourable Member’s Written Question P-1159/02, examination of the
case did not point to any infringement of the Community legislation in force. The Commission therefore
decided to close the case.

In its role as guardian of the Treaties, the Commission monitors the application of Community law by the
Member States. However, it cannot intervene in matters which do not fall within Community competence.

As the Honourable Member indicates in her most recent written question, the new cases of legionellosis in
Alcoy seem to be originating in air conditioning systems, which, apparently, are not being cleaned and
inspected as current rules prescribe.

As the legionellosis in Alcoy is not originating in the drinking water, Directives 80/778/EEC and 98/83/EC
do not apply. There is no Community legislation applicable to this case and the Commission cannot give a
decision on the matter.

Epidemiological
information on legionellosis is to be provided to the Community on the basis of the
Parliament and Council Decision 2119/98/EC establishing a Network for the Surveillance and Control of
Communicable Disease (3). The Spanish public health authorities, upon request of the Commission, have
informed the Community that a systematic plan of control of installations and enhanced surveillance of
legionellosis are in place in the town of Alcoi. No objections have been raised by the other Member States
on the adoption of the measures. No further actions are foreseen by Community legislation in the field of
public health.

(1) OJ L 229, 30.8.1980.
(2) OJ L 330, 5.12.1998.
(3) OJ L 268, 3.10.1998.

(2004/C 51 E/172)

WRITTEN QUESTION E-1899/03

by Jillian Evans (Verts/ALE) to the Commission

(6 June 2003)

Subject: Dolphins in trawler nets

Each year, large numbers of dead dolphins are washed up on the shores of the English Channel, and there
would appear to be some connection between this and the fact that large, mid-water trawls also fish the
areas. Post-mortems of these dolphins show that nearly all of them were in fact victims of by-catch. As the
number of dolphin bodies washed ashore may represent less than 5 % of the actual total dead,
it is
imperative that something be done about this.

C 51 E/156

Official Journal of the European Union

EN

26.2.2004

Will the Commission be establishing a mandatory observer scheme on European pelagic boats to facilitate
the gathering of data thus enabling something fuller and long-term to be done about the problem?

Answer given by Mr Fischler on behalf of the Commission

(3 July 2003)

The Commission is well aware of the problem of dead dolphins being washed ashore on the beaches of
Member States, in particular during winter around the English Channel.

According to the ‘Habitats’ Directive (1), Member States shall take measures for the protection of small
cetaceans and to ensure a favourable state of conservation of
these species (including population
assessment, monitoring of incidental killing, mitigation measures and habitat protection).

The Commission is, however, convinced that additional Community measures are needed to increase
conservation of small cetaceans,
in a consistent and co-operative
in particular in the fisheries sector,
manner at Community level.

The setting of mandatory observer schemes for different fisheries is part of a package of measures under
consideration. A Commission proposal on this issue is expected to become available in a few weeks.

In addition, the Commission also launched on 22 May 2003 an open call for tender for a study on the
impact of pelagic trawls on cetaceans through an on board observer programme (2), with the view of
having this study beginning by the end of 2003 if all the necessary conditions for engaging such a contract
are met.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

OJ L 206, 22.7.1992.

(2) Open call for tender FISH/2003/09, OJ S 98, 22.5.2003.

(2004/C 51 E/173)

WRITTEN QUESTION E-1903/03

by Caroline Lucas (Verts/ALE) to the Commission

(11 June 2003)

Subject: Transfrontier cooperation (Interreg)

The Commission’s Second Progress Report on Economic and Social Cohesion, published in January
2003 (1), confirmed the need to continue actions to promote co-operation across frontiers and within
regions. However, applying for Interreg funding is a complex process which, in particular, can inhibit
participation by smaller organisations such as those in the voluntary sector.

Could the Commission indicate what steps are being taken to simplify and increase flexibility in the future
operation of Interreg and to increase take-up by neglected sectors?

The Second Progress Report also indicated that, because of the different national administrative and legal
traditions involved, the Commission had been asked to look into the possibilities of drawing up a legal
instrument for cooperation across frontiers so as to facilitate the design and implementation of Interreg.
Could the Commission state what progress has been made in this regard?

(1) COM(2003) 34 final.