A4-0337/95

Proposal for a Council Directive amending Directive 79/409/EEC on the conservation of wild birds (COM(94)0039 - C3-0197/94 - 94/0061(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 1

>Original text>

Whereas Article 7 of Council Directive 79/409/EEC, as last amended by Commission Directive 91/244/EEC, lays down common principles on hunting; whereas , in accordance with the subsidiarity principle, the Member States are best placed to define the rules for the application of these principles;

>Text following EP vote>

Whereas Article 7 of Council Directive 79/409/EEC, as last amended by Commission Directive 91/244/EEC, lays down common principles on hunting; whereas it is deemed necessary to define the rules for the application of these principles more precisely;

(Amendment 2)

Recital 4

>Original text>

Whereas it is necessary to specify the criteria which Member States may use to determine the end of the hunting season for the migratory species to which hunting laws apply,

>Text following EP vote>

Whereas it is necessary to specify the article which Member States may use to determine the end of the hunting season for the migratory species to which hunting laws apply,

(Amendment 3)

ARTICLE 1(1)

Article 7(4) (Directive 79/409/EEC)

>Original text>

4. Member States shall ensure that the practice of hunting, including falconry if practised, as carried on in accordance with the national measures in force, complies with the principles of wise use and ecologically balanced control of the species of birds concerned and that this practice is compatible as regards the population of these species, in particular migratory species, with the measures resulting from Article 2. They shall see in particular that the species to which hunting laws apply are not hunted during the rearing season nor during the various stages of reproduction. In the case of migratory species, they shall see in particular that the species to which hunting laws apply are not hunted during their period of reproduction. Member States shall also ensure that these species are protected during their return to their rearing grounds; to this end, they shall determine the hunting season for the various species in conformity with the criteria set out in Annex VI. Member States shall send the Commission all relevant information on the practical application of their hunting regulations.

>Text following EP vote>

4. Member States shall ensure that the practice of hunting, including falconry if practised, as carried on in accordance with the national measures in force, complies with the principles of wise use and ecologically balanced control of the species of birds concerned and that this practice is compatible as regards the population of these species, in particular migratory species, with the measures resulting from Article 2. They shall see in particular that the species to which hunting laws apply are not hunted during the rearing season nor during the various stages of reproduction. In the case of migratory species, they shall see in particular that the species to which hunting laws apply are not hunted during their period of reproduction and are adequately protected during their return to their rearing grounds. To this end, Member States shall close the hunting season for migratory species by no later than 31 January. Member States shall send the Commission all relevant information on the practical application of their hunting regulations.

(Amendment 4)

ARTICLE 1(1a) (new)

Article 12(2) (Directive 79/409/EEC)

>Text following EP vote>

1a. Article 12(2) is replaced by the following:

"2. The Commission shall prepare every three years a composite report based on the information referred to in paragraph 1. That part of the draft report covering the information supplied by a Member State shall be forwarded to the authorities of the Member State in question for verification. The final version of the report shall be forwarded to the Member States and to the European Parliament.¨

(Amendment 5)

ARTICLE 1(2)

Article 15 (Directive 79/409/EEC)

>Original text>

2. Article 15 is hereby replaced by the following:

'Article 15

Such amendments as are necessary to adapt Annexes I, V and VI to technical and scientific progress and the amendments referred to in the second paragraph of Article 6(4) shall be adopted in accordance with the procedure laid down in Article 17.'

>Text following EP vote>

Deleted

(Amendment 6)

ARTICLE 1(3)

>Original text>

3. The Annex hereto shall be added as Annex VI.

>Text following EP vote>

Deleted

(Amendment 7)

ANNEX

>Original text>

'Annex VI

CRITERIA FOR DETERMINING THE MAXIMUM

DURATION OF THE HUNTING SEASON

The end of the hunting season shall be determined as follows:

>Text following EP vote>

Deleted

>Original text>

1. for species whose conservation status is favourable and whose migration begins before 20 February, the hunting season closes at the latest within the 10-day period following the 10-day period when migratory passage begins(1);

>Original text>

2. for species whose conservation status is favourable and whose migration begins after 20 February, or for species whose conservation status is unfavourable and whose migration begins before 20 February, the hunting season closes at the latest within the same 10-day period as that during which migratory passage begins;

>Original text>

3. for species whose conservation status is unfavourable and whose migration begins after 20 February, the hunting season closes at the latest within the 10-day period preceding that during which migratory passage begins.

>Original text>

(1) All indications on migration periods refer to annual means.'

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directive 79/409/EEC on the conservation of wild birds (COM(94)0039 - C3-0197/94 - 94/0061(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0039 - 94/0061(SYN) ((OJC100, 9.4.1994, p. 12.)),

- having been consulted by the Council pursuant to Articles 189c and 130s(2) of the EC Treaty (C3-0197/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Agriculture and Rural Development (A4-0337/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.