92003E0651

WRITTEN QUESTION E-0651/03

by Erik Meijer (GUE/NGL) to the Commission

(5 March 2003)

Subject: Failure to act on requests to take action against mass collecting of lapwings' eggs in the Dutch province of Friesland

1. Is the Commission aware that the Association of Friesian Bird Protection Patrols (Bond van Friese Vogelbeschermingswachten (BFVW)), which has asked it not to forbid the current practice of collecting lapwings' eggs in the Dutch province of Friesland, is not a nature protection organisation, but an association of lapwings' egg collectors, and that all the major nature and environmental protection organisations oppose the collecting of lapwings' eggs?

2. Is the Commission also aware that there is no question of strict controls on egg collecting, the controls consisting simply in the issuing by the BFVW of a collector's permit to any resident of Friesland who asks for one?

3. Is the Commission aware that the right to collect eggs in Friesland cannot be regarded as a reward for people who conserve birds' nests and protect them as much as possible when agricultural work is being done, since this also happens extensively in Dutch provinces where this right does not exist?

4. What action is the Commission taking on complaint No 4931 filed with the Directorate-General for the Environment by the organisation Faunabescherming in 1999, which concerned the continuing mass collection of lapwings' eggs in Friesland?

5. What have been the results of the Commission's inquiry, announced in Written Answer P-0134/02(1) on 25 February 2002, undertaken in the context of preparing infringement proceedings before the Court of Justice, and of its examination of the Netherlands authorities' reaction thereto?

6. When will the proceedings that have been initiated reach their conclusion? Is it clear whether the EU will allow this violation of the directive on the conservation of wild birds, which has already been going on for 24 years, to continue?

(1) OJ C 205 E, 29.8.2002, p. 76.

Joint answerto Written Questions E-0650/03 and E-0651/03given by Mrs Wallström on behalf of the Commission

(4 April 2003)

The Commission is aware of the traditional taking of lapwing eggs from the wild in the province of Friesland in the Netherlands.

Lapwing, as any other European naturally occurring bird species, falls under the scope of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (hereafter referred to as the Directive).

Article 5 of the Directive strictly forbids inter alia, the taking of eggs from the wild. Exceptions to this general prohibition may only be granted under the strict derogation system set out in Article 9 of the Directive, provided that there is no other satisfactory solution, only for one of a limited number of reasons.

An infringement procedure is ongoing on this issue. In this respect, the Commission has issued a reasoned opinion pursuant to Article 226 of the EC Treaty. In the absence of an answer to this reasoned opinion, the Commission decided to bring the case before the Court of Justice in Luxembourg. Shortly afterwards, the authorities of the Netherlands responded to the reasoned opinion. This answer and a supplementary answer of January 2003, as well as information received from the complainant, are currently under assessment. In addition, in as far as these have not yet been brought forward during the infringement procedure, the Commission will take the elements mentioned by the Honourable Member into account in this context.

Depending on the outcome of the assessment of all the elements involved, the Commission may conclude that the conditions of Article 9 of the Directive have been fulfilled and close the case. Otherwise, the Commission could decide to implement its former decision and bring the case before the Court of Justice.