COMMON POSITION (EC) No 8/94 adopted by the Council on 21 February 1994 with a view to adopting a European Parliament and Council Directive 94/. . ./EC of . . . amending Annex II to Directive 79/409/EEC on the conservation of wild birds (94/C 137/03)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189c of the Treaty,

Whereas Annex II to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (3) should be amended to take account of the latest knowledge on the situation of avifauna;

Whereas several Member States have asked the Commission to amend Annex II/2 to include certain species which hitherto could not legally be hunted;

Whereas Article 7 (4) of the same Directive requires Member States to ensure that the practice of hunting complies with the principles of wise use and ecologically balanced control of the species of birds concerned;

Whereas owing to their geographical distribution and population levels in some countries certain species may be hunted or controlled locally with the result that certain requests for additions to Annex II/2 can be approved;

Whereas the species Limosa limosa, Limosa lapponica and Numenius arquata should be removed from Annex II/2 in respect of Italy in order to protect the globally endangered species Numenius tenuirostis which they resemble so closely in their habits as much as in their appearance that there are exceptional risks of confusion;

Whereas permitting the hunting of the species listed in Annex II/2 is merely an option of which the Member States may or may not avail themselves; whereas, therefore, they are not required to take measures to do so and, if they do so decide, they may do so even after the date laid down for the application of this Directive,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The text of the Annex to this Directive shall be substituted for that of Annex II/2 to Directive 79/409/EEC.

Article 2

The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive by . . . (4).

When Member States adopt those provisions they shall include references to this Directive or accompany them with such references on their official publication. The Member States shall lay down the manner in which such references shall be made.

Article 3

This Directive is addressed to the Member States.

Done at . . ., . . .

For the Council

The President

(1) OJ No C 255, 2. 10. 1992, p. 5.

(2) OJ No C 191, 22. 7. 1991, p. 14.

(3) OJ No L 103, 25. 4. 1979, p. 1. Directive last amended by Directive 91/244/EEC (OJ No L 115, 8. 5. 1991, p. 41).

(4) The date to be entered will be 15 months after the date of publication of the Official Journal.

ANNEX

'ANEXO II/2 - BILAG II/2 - ANHANG II/2 - ÐÁÑÁÑÔÇÌÁ ÉÉ/2 - ANNEX II/2 - ANNEXE II/2 - ALLEGATO II/2 - BIJLAGE II/2 - ANEXO II/2

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STATEMENT OF THE COUNCIL'S REASONS

I. Introduction

1. On 13 March 1991 the Commission submitted to the Council a proposal for a Council Directive amending Directive 79/409/EEC on the conservation of wild birds (1).

2. The European Parliament delivered its opinion on 14 May 1992 (2).

3. The Economic and Social Committee delivered its opinion on 29 May 1991 (3).

4. On 15 September 1992 the Commission forwarded to the Council a proposal amended in the light of the European Parliament's opinion (4).

II. Common position

1. On 21 February 1994 the Council adopted a common position on the basis of Article 130s (1) of the Treaty.

2. Aim of the Directive

Under Council Directive 79/409/EEC of 2 April 1979, Member States must conserve the populations of the species of wild birds inhabiting the various regions of the Community at levels which correspond in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements. Subject to certain exceptions, Member States must prohibit deliberate killing, capture and destruction of and/or damage to nests and eggs. Other restrictions are also placed on the hunting and sale of wild birds.

3. General comments

The proposal for an amendment is very limited in scope; it is merely intended to adapt certain specific points in Annex II/2 to the Directive, which lists species which may be hunted in some Member States.

4. Specific comments

(The following references refer to the text of the common position.)

4.1. Amendments made by the Council to the amended Commission proposal

In order to give increased protection to a number of wild birds in some Member States, the Council removed the species listed under the following numbers from Annex II/2 for Spain:

33, 36, 40, 44, 45, 46, 47, 48, 50, 51, 52, 53, 54, 55, 56, 57, 58, 60, 65 and 68.

Furthermore, in order to adapt Directive 79/409/EEC to the new conditions obtaining in some Member States, the Council felt that in view of ecological, scientific and cultural requirements, and bearing in mind economic and recreational requirements also, the species listed under the following numbers should be included in Annex II/2 for some Member States:

(a) 59 and 62 for Belgium;

(b) 59a and 72b for Spain;

(c) 72b for France;

(d) 72b for Portugal;

(e) 41a, 72b, 74, 75 and 77 for Greece.

4.2. European Parliament amendments inserted into the amended Commission proposal and adopted in the common position

The Council adopted all of these amendments, viz., recital 4a (new) (amendment No 5), deletion from Annex II/2 of the species listed under numbers 52 (amendment No 23), 53 (amendment No 24) and 55 (amendment No 25) as regards Italy, and inclusion of the species under 74 (amendment No 42) and 77 (amendment No 45), also for Italy.

4.3. European Parliament amendments not approved by the Commission

The Council did not adopt these European Parliament amendments, except for amendment No 16, which the Council adopted solely for Spain, given the particular circumstances of the species concerned on Spanish territory.

(1) OJ No L 115, 8. 5. 1991, p. 41.

(2) OJ No C 150, 15. 6. 1992, p. 285.

(3) OJ No C 191, 22. 7. 1991, p. 14.

(4) OJ No C 255, 2. 10. 1992, p. 5.