Proposal for a Council Directive amending Directive 79/409/EEC on the conservation of wild birds (94/C 100/07) COM(94) 39 final - 94/0061(SYN)

(Submitted by the Commission on 1 March 1994)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, in particular the first paragraph of Article 130s thereof,

Having regard to the proposal from the Commission,

In cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas Article 7 of Council Directive 79/409/EEC (1), as last amended by Commission Directive 91/244/EEC (2), 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;

Whereas these rules of application must not compromise conservation efforts; whereas it is therefore necessary to define the discretion Member States have to determine the dates during which migratory species can be hunted within the limits of wise use;

Whereas Article 7 (4) of Directive 79/409/EEC should be amended for this purpose;

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,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 79/409/EEC is amended as follows:

1. Article 7, (4) is replaced by the following:

'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.`;

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.`;

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

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest by . . . . They shall immediately inform the Commission thereof.

When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 103, 25. 4. 1979, p. 1.

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

ANNEX

'ANNEX VI

CRITERIA FOR DETERMINING THE MAXIMUM DURATION OF THE HUNTING SEASON

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

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);

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;

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.

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