# CE2004078EN.01082901.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/829 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/829

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(2004/C 78 E/0882)

WRITTEN QUESTION E-3579/03

by Christoph Konrad (PPE-DE) to the Commission

(5 December 2003)

Subject:   Hunting season for carrion crows in the EU

Subject:

| 1. | Is the Commission aware that in transposing the EU bird protection directive into national law EU Member States have adopted widely differing rules on the hunting season for carrion crows? |
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1.

Is the Commission aware that in transposing the EU bird protection directive into national law EU Member States have adopted widely differing rules on the hunting season for carrion crows?

| 2. | How does the Commission view the fact that farmers, forestry owners and hunters in Germany suffer far greater economic losses than in other EU Member States owing to the fact that the hunting season is restricted in that country? Does it consider that this practice places this interest group in Germany at a disadvantage? |
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2.

How does the Commission view the fact that farmers, forestry owners and hunters in Germany suffer far greater economic losses than in other EU Member States owing to the fact that the hunting season is restricted in that country? Does it consider that this practice places this interest group in Germany at a disadvantage?

| 3. | What view does the Commission take of the fact that other countries frequently issue derogations for hunting carrion crows, while the competent German authorities refuse to do so? |
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3.

What view does the Commission take of the fact that other countries frequently issue derogations for hunting carrion crows, while the competent German authorities refuse to do so?

| 4. | What conditions must be met for such a derogation or the extension of the hunting period to be permissible? |
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4.

What conditions must be met for such a derogation or the extension of the hunting period to be permissible?

Answer given by Mrs Wallström on behalf of the Commission

(29 January 2004)

(29 January 2004)

| 1. | The rules governing the fixing of hunting seasons under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1) are given in Article 7 of the Directive. The Commission, with the Member States, has compiled information on the pre-nuptial migration and reproduction periods of all huntable species in each Member State in order to facilitate the application of the fixing of hunting seasons in accordance with the Directive (2). |
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1.

The rules governing the fixing of hunting seasons under Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1) are given in Article 7 of the Directive. The Commission, with the Member States, has compiled information on the pre-nuptial migration and reproduction periods of all huntable species in each Member State in order to facilitate the application of the fixing of hunting seasons in accordance with the Directive (2).

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| 2. | The Commission has received no evidence that restrictions on hunting has resulted in greater economic losses in Germany than in other Member States. |
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2.

The Commission has received no evidence that restrictions on hunting has resulted in greater economic losses in Germany than in other Member States.

| 3. | Derogations are permissible under Article 9 of the Directive for the purpose of, ‘inter alia’, preventing ‘serious damage to crops, livestock, forests, fisheries and water’. It is the Member States who decide whether the application of a derogation is necessary, provided that there is no other satisfactory solution. |
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3.

Derogations are permissible under Article 9 of the Directive for the purpose of, ‘inter alia’, preventing ‘serious damage to crops, livestock, forests, fisheries and water’. It is the Member States who decide whether the application of a derogation is necessary, provided that there is no other satisfactory solution.

| 4. | The possibilities for use of derogations are restricted. They must be justified in relation to the overall objectives of the Directive and comply with the specific conditions for derogations described in Article 9 of Directive 79/409/EEC. Non-respect of any one of these conditions may render a derogation invalid. |
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4.

The possibilities for use of derogations are restricted. They must be justified in relation to the overall objectives of the Directive and comply with the specific conditions for derogations described in Article 9 of Directive 79/409/EEC. Non-respect of any one of these conditions may render a derogation invalid.

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(1)  OJ L 103, 25.4.1979.

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(2)  Key concepts of Article 7(4) of Directive 79/409/EEC — Period of Reproduction and prenuptial Migration of Annex II Bird Species in the EU, http://europa.eu.int/comm/environment/nature/directive/intro_en.pdf

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