Parliamentary Questions – Otter Cull in Lower Austria

I have been contacted by a constituent who is concerned about the recent permission for the cull of 40 otters in Lower Austria.

My constituent believes that otters are protected under the European Union Fauna and Flora habitat Directive and therefore cannot be legally culled.  She also believes that this cull directly threatens the health and well-being of the otter population.

Can the Commission confirm whether:

1. it is aware of the proposed cull of 40 otters in Lower Austria?
2. it believes that the cull is in breach of EU law?
3. it intends to raise objections or take action against Lower Austria for contravening EU law?

UPDATE

EN
E-003371/2017
Answer given by Mr Vella
on behalf of the Commission

(19.6.2017)

As the Commission already pointed out in its answer to written question E-001960/2017, it has been made aware of the matter raised by the Honourable Member by letters sent by private individuals and civil society organisations. The Commission has not been notified by Austria about a permit to cull 40 otters, as the Habitats Directive[1] does not require any prior notification of derogations granted on the basis of its Article 16 but only ex post reports by the Member States. Hence the Commission’s views on this matter are solely based on available information.

The otter is a species listed in Annex IV of the Habitats Directive and as such benefits from the legal protection regime of its Articles 12 and 15. Article 16 of the Directive provides that Member States may derogate from these provisions for certain reasons listed thereunder and “provided that there is no satisfactory alternative and the derogation is not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range…”.

The Commission has not received any evidence that the requirements of Article 16 would not be fulfilled in the case of the above permit. The otter is reported as being in a favourable conservation status in Austria. Its Lower Austrian populations have been expanding significantly over the last 20 years, in line with the overall positive population trend of the species in many other parts of the European Union.

[1]    Council Directive 92/43/EC, of 21 May 1992, on the protection of natural habitats and wild fauna and flora, OJ L 206, 22.7.1992.