WRITTEN QUESTION E-1898/03 by Jillian Evans (Verts/ALE) to the Commission. Detaining dolphins in captivity.
Date: 2003-06-06
Institutions: European Parliament, Provisional data
Subjects: animal welfare, leisure park, marine mammal, protection of animals, zoo

6.2.2004

EN

Official Journal of the European Union

C 33 E/185

(2004/C 33 E/187)

WRITTEN QUESTION P-1889/03

by Christopher Heaton-Harris (PPE-DE) to the Commission

(27 May 2003)

Subject: Eurostat

Would the Commission give details of all
September 1999?

internal audit reports received concerning Eurostat since

Would the Commission also give details outlining what was said in these documents with regards to
Eurostat?

Answer given by Mr Solbes Mira on behalf of the Commission

(4 September 2003)

On 16 May 2003, as part of its follow-up to the 2001 discharge and at Parliament’s request, the
Commission sent the secretariat of the Committee on Budgetary Control (Cocobu) six internal audit reports
drawn up by Eurostat’s internal audit service over the period 1999-2002, in accordance with the rules laid
down in the framework agreement on the transmission of confidential documents to Parliament. Also
under the terms of that agreement, a report summarising the action taken on the internal audit reports was
sent to the Cocobu secretariat on 20 May 2003, and on 3 July 2003 the Commission sent the President of
Parliament the audit report entitled ‘Internal audit of the financial systems for Eurostat’, produced by the
Directorate-General for Audit on 7 June 2000.

On 9 July 2003 the Commission took note of two reports from its departments concerning financial
management and control at Eurostat. The first is an analysis by DG Budget of the audit reports produced
by Eurostat’s Internal Audit Capability (IAC). Ordered by the Commission on 21 May 2003 and sent to
Cocobu on 11 July, the report analyses Eurostat’s financial management and control systems and the
action taken on internal audit reports from the point of view of compliance with the Financial Regulation.
The second report is the interim report produced by the Internal Audit Service (IAS) under the remit it
received from the Commission on 11 June 2003. The IAS report has been forwarded to the European
Anti-Fraud Office (OLAF).

Finally, on 8 July 2003, Eurostat completed an analysis of certain aspects of the SUPCOM programme.
This report was sent to OLAF on 22 July 2003 under Article 7(1) of Regulation 1073/1999.

The Commission would also like to stress that certain audit reports are being investigated by OLAF and
that some of these reports form part of the files which OLAF handed over to the judicial authorities in
Luxembourg and to the Public Prosecutor at the Tribunal de Grande Instance in Paris. The Commission
wishes to ensure that ongoing investigations are protected.

(2004/C 33 E/188)

WRITTEN QUESTION E-1898/03

by Jillian Evans (Verts/ALE) to the Commission

(6 June 2003)

Subject: Detaining dolphins in captivity

Regardless of the size of the pools keeping them, captive dolphins cannot benefit from a diet, care or
lodging adapted to their nature,
their state of health nor their stage of
development, adaptation or domestication. They are often forced to live and breed in a manner completely
alien to their instincts. This, in short, seems to contravene existing laws geared at protecting animals.

their physiological needs,

C 33 E/186

Official Journal of the European Union

EN

6.2.2004

The dolphin is a particularly intelligent animal species, and, taking into account the particular biological
peculiarities of the species, a new legal framework needs to be put into place to ensure their protection
and well-being.

What will the Commission be doing to ensure that:

(cid:1) new dolphinariums are prohibited in Europe,

(cid:1) existing dolphinariums are closed over a period of time,

(cid:1) greater attention is given to the breeding of dolphins (cid:1) especially as they are currently being forced to
breed in a manner completely alien to them, and bearing in mind that 50 % of dolphins born in
captivity die before they are a year old?

Answer given by Mrs Wallström on behalf of the Commission

(26 June 2003)

The Commission is aware that dolphins have a great intelligence and pronounced social behaviour.
However, the authorisation for the construction of new dolphinaria and the supervision of existing
dolphinaria remain the competence of the Member States.

Nevertheless, a number of measures have been undertaken at Community level to ensure the protection of
dolphins. The Commission is of the view that proper enforcement of these requirements can satisfactorily
ensure the conservation and protection of dolphins.

The capture of dolphins from European seas is prohibited under Council Directive 92/43/EEC of 21 May
1992 on the conservation of natural habitats and of wild fauna and flora (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 (2) contains a number of protective provisions which are relevant in this
context. This Regulation implements the Convention on international trade in endangered species of wild
fauna and flora (CITES) in the Union. Dolphins are included in Annex A (including species threatened with
extinction) of Council Regulation (EC) No 338/97 which means that dolphins from the wild have a
considerable degree of protection and may not be imported or used for primarily commercial purposes.
However, Article 8(3) of
limited and specific derogations from this general
prohibition which can be applicable for dolphinaria and zoos. Accordingly, requests to import dolphins
into the Union need to be addressed on a case-by-case basis by the Management and Scientific Authorities
of the Member State of destination. Moreover, the Regulation stipulates in its Article 4 that import can
only take place if the Scientific Authority of the Member State concerned is satisfied that the intended
accommodation for the live animal at the place of destination is adequately equipped to conserve and care
for it properly. The Commission specifically reminded Member States’ Scientific Authorities in 2001 to
ensure that these provisions are thoroughly applied in relation to any proposed import of dolphins.

the Regulation sets out

Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (3)
imposes a series of animal protection and conservation measures on zoos. These measures include
adequate accommodation for animals, a high standard of animal husbandry with a developed programme
of preventive and curative veterinary care and nutrition as well as training of staff and education of the
visiting public. Member States must take measures to ensure that all zoos accommodate their animals
under conditions which aim to satisfy the biological and conservation requirements of the individual
species, inter alia, by providing species specific enrichment of the enclosures. Only zoos that implement
these measures should get a licence and the competent authorities in Member States are required to carry
out regular inspections to ensure that the zoos maintain the measures.

(1) OJ L 206, 22.7.1992.
(2) OJ L 61, 3.3.1997.
(3) OJ L 94, 9.4.1999.