WRITTEN QUESTION E-3204/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Commercial exploitation of protected wildlife species in Greece.
Date: 2003-10-30
Institutions: European Parliament, Provisional data
Subjects: Greece, application of EU law, marketing, protected species, protection of animal life

27.3.2004

EN

Official Journal of the European Union

C 78 E/487

(2004/C 78 E/0508)

WRITTEN QUESTION E-3200/03

by Erik Meijer (GUE/NGL) to the Commission

(30 October 2003)

Subject: Racial appearance as a criterion for police or customs checks on individuals crossing an internal

EU border

As a result of work in the tunnel between Monaco railway station and the temporary Monte Carlo Country
Club station on French territory, through traffic on the route from Genoa (in Italy) and Nice (in France) is
barred between September and December 2003 and train passengers are transported by bus. On the
evening of Thursday, 16 October 2003, between 07.15 and 07.45 p.m., I personally observed how
passengers who had taken the IC 346 ‘Riviera dei Fiori’ Basle-Genoa-Nice train were detained for half an
hour in the replacement bus on the station square in the Italian border town of Ventimiglia for checks
which might normally have taken place on a through train crossing into France. The Italian police’s
selection process was manifestly racially based, with individuals of African or Asiatic appearance being
required to show their travel documents and take their luggage from the baggage compartment, whereas
individuals predominantly Caucasian in appearance were left completely alone.

1.
Can the Commission say whether this is a customary course of events in line with the intended
procedure for random checks at or near the internal EU borders of EU Member States which are parties to
the Schengen Agreement?

2.
Does this mean that non-residents who are not nationals of an EU Member State, but whose skin
colour is white, can cross internal EU borders much more easily than residents who are nationals of a
Member State, but whose ancestors manifestly came from another part of the world?

3. With regard to this appearance-based selection practice which has apparently arisen, what is it that
the Commission would seek to change? What encouragement is being given to ensure that that change
actually takes place in the EU? Is it possible for the Commission to bring this about on the basis of the
existing Treaty, or does it require further action by the Council?

Answer given by Mr Vitorino on behalf of the Commission

(24 November 2003)

The Commission has asked the Italian authorities for the information it requires to answer the Honourable
Member’s question.

It will send him its findings as soon as possible.

(2004/C 78 E/0509)

WRITTEN QUESTION E-3204/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(30 October 2003)

Subject: Commercial exploitation of protected wildlife species in Greece

According to reports
(5 October 2003), environmental and scientific
organisations have revealed that the Ministry of Agriculture has authorised the capture and commercial
exploitation of rare and protected Greek wildlife species (birds, turtles, chameleons, etc.) without any
stipulations being imposed regarding their collection, capture, transport and living conditions.

in the ‘VIMA’ newspaper

1. What view does the Commission take of this and of the fact that the authorisations issued refer to
the species concerned as ‘State property’.

C 78 E/488

Official Journal of the European Union

EN

27.3.2004

2. What action is being taken to ensure compliance with Article 5 of Directive 79/409/EEC (1) banning
the capture of all types of birds living in the wild, apart from those included on the list of birds, the
hunting of which is authorised?

Has this matter been brought to the attention of the enforcement group set up under Article 14 of
3.
Regulation (EC) No 338/97 (2) (CITES) which is responsible for ensuring implementation of the regulation?
Is Greece represented on this enforcement group? Is Article 8(1) of the regulation being enforced?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 61, 3.3.1997, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(19 December 2003)

The Commission informs the Honourable Member that, on the basis of a complaint (No 2003/4831)
regarding the issue by the Ministry of Agriculture of authorisations to collect and breed a number of Greek
wildlife species included in the Annex IV of Council Directive 92/43/EEC (1), it has opened a file in order to
examine if this practice complies with the obligations under Articles 12 and 16 of this Directive.

The complaint received was not referring to the capture of bird species, subsequently the complaint case
has not yet been related to Council Directive 79/409/EEC (2). However, the Commission will raise this
supplementary issue with the Greek authorities and, if authorisations to collect individuals of bird species
protected under Directive 79/409/EEC have been issued, an appropriate reference will be made. The
Commission would like to assure the Honourable Member that it will continue the investigation of the
complaint and will not hesitate to take all necessary measures needed to ensure that Greece acts in
conformity with Community Law.

With regard to the possibility of an infringement of Council Regulation (EC) No 338/97 (3)
(CITES),
Articles 5 and 8 of this Regulation allow commercial trade in the species included in Annexes A, B and C,
if these have been legally taken from the wild in the territory of a Member State. Consequently, any breach
of this Regulation would only arise in respect of such species listed in the Regulation (not other species)
and then only if it can be established that the Greek authorities issued permits for such species in defiance
of their own laws or of Council Directive 92/43/EEC.

The Commission will deal with this case through the standard complaints procedure and does not intend
to bring it to the attention of the enforcement group set up under Article 14(3) of Council Regulation (EC)
No 338/97. That group is not a compliance committee where complaints can be brought against Member
States for alleged infringements. It is, in fact, a forum for all Member States’ enforcement authorities (i.e.
police, customs etc.) to discuss and exchange information on technical matters of common concern so as
to improve enforcement of CITES Regulations.

(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) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.
(3) 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 78 E/0510)

WRITTEN QUESTION E-3207/03

by Alexander de Roo (Verts/ALE) to the Commission

(30 October 2003)

Subject: Peroxide in toothpaste

The Commission is planning to permit an increase in the concentration of peroxide in cosmetic products
from 0,1 % to 6 %, with a view to admitting new dental care products onto the market.