92002E2797

WRITTEN QUESTION E-2797/02

by Caroline Lucas (Verts/ALE) to the Commission

(7 October 2002)

Subject: Low Frequency Active Sonar

Pursuant to the Commission's response to my previous question E-2442/01(1): Low Frequency Active Sonar (LFAS) is applied by the US Navy for scientific, commercial and military purposes in the Atlantic Ocean, including the area near the coast of the Azores, within the territorial seas of Portugal. Within or even outside the territorial seas of Portugal the use of LFAS may have significant adverse impact on whales and dolphins living in Portuguese territorial waters. Hence, Portugal is obliged to take the requisite measures to avoid the deliberate disturbance of cetacean species which are strictly protected under Council Directive 92/43/EEC(2). Furthermore, there is evidence that similar LFAS systems are in development in France, Germany, the Netherlands, the UK and by NATO.

In light of the above, does the Commission now intend to raise the issue with the US Government?

Will the Commission alert the Portuguese Government to its obligation under Council Directive 92/43?

Is the Commission aware of the development of similar projects in the Member States or by NATO?

(1) OJ C 81 E, 4.4.2002, p. 177.

(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(29 November 2002)

Cetaceans are afforded strict protection by Directive 92/43/EEC (Habitats Directive)(1), which requires Member States to take measures to prevent inter alia deliberate disturbance of these species.

Low-frequency active sonar (LFAS) emits intense, low-frequency tone bursts. It is widely suspected that this type of noise has a disturbing effect on cetaceans, but the seriousness and degree of that effect still need to be studied more thoroughly.

The Commission believes that, given its potential impact on cetaceans, this type of technology needs to be used with caution. Moreover, those provisions of Directive 92/43/EEC which protect cetaceans apply fully both in territorial waters and in the waters of the exclusive economic zone, if the Member State concerned exercises sovereign rights there. The Commission has offered this opinion to the Member States on several occasions.

To date, most of the information the Commission has received on this type of sonar has been prompted by reports of activities of a military nature coinciding with the stranding of cetaceans.

Nonetheless, even though Community law does not require Member States to supply information on such activities except in specific cases, such as those relating to derogations or complaints, the Commission took the opportunity at the recent Habitats Committee meeting on 20 November to request further details from the national authorities of the Member States where these events are probably taking place.

The Commission does not intend, for the moment, to raise the matter in the context of relations with the United States.

(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, amended by the Act of Accession of Austria, Finland and Sweden OJ L 1, 1.1.1995.