WRITTEN QUESTION No. 764/98 by Nikitas KAKLAMANIS to the Commission. Problems encountered by refrigerated haulage firms
11. 12. 98 EN Official Journal of the European Communities C 386/41 (98/C 386/055) WRITTEN QUESTION E-0758/98 by Jonas Sjöstedt (GUE/NGL) to the Commission (18 March 1998) Subject: Compensation for injuries caused by wild animals Both the EU and the Member States have rules for the protection of wild animals, including predators. The situation sometimes arises with large species of predators that people are injured when they are attacked by these animals. In my home region a man was very seriously injured a few years ago by a bear. Does the Commission consider that the requirements imposed by the EU and the Member States for the protection of predators species also imply an obligation to compensate people harmed as a result of attacks by predators? Who is responsible for ensuring that persons thus injured are fully compensated? Answer given by Mrs Bjerregaard on behalf of the Commission (23 April 1998) According to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1), the so-called Habitats Directive, such big predatory mammals occurring in the Community as the brown bear, wolf (with the exception of some populations) and lynx are strictly protected among a number of other wild animals. It has been necessary to provide such a protection regime for these species, which in many parts of the Community have been exterminated a long time ago. However, the Commission is aware that these species may sometimes pose a threat to human safety. The lowering of this threat is adequately covered in the Habitats Directive by making it possible to derogate from the strict protection provisions, when there is no satisfactory alternative, for specific reasons such as in the interest of public safety (Article 16(c)). The provisions of the Habitats Directive when carried over to the national laws provide sufficient possibilities for overall regulation of the populations of big predatory mammals. The compensation for damage caused by predators is part of overall national responsibility concerning the regulation of these populations. The relevant decision and compensation arrangements have to be taken at a national level. (1) OJ L 206, 22. 7. 1992. (98/C 386/056) WRITTEN QUESTION E-0764/98 by Nikitas Kaklamanis (UPE) to the Commission (18 March 1998) Subject: Problems encountered by refrigerated haulage firms The refrigerated transport sector in Greece is encountering tremendous problems in the form of unfair competition from refrigerated transport with false documentation and the operation of foreign lorries which do not meet the most basic safety standards. 30 % of the refrigerated lorries on the roads have false registration plates and licences and no official documentation, while foreign lorries from Bulgaria, Rumania and Albania have broken plates and faulty indicators, fog lights and brake lights. The Greek Union of Refrigerated International Transport Hauliers has repeatedly complained about this situation and that the policing and inspection of these vehicles is inadequate, which creates safety problems on Greek roads and unfair competition for Greek hauliers