2.

The Italian Government states that in the application in Case 262/85 (Commission v Italy), which led to the judgment of the Court of 8 July 1987 ([1987] ECR 3073), the Commission did not allege any failure to implement Article 4 of the directive in respect of the version of Annex I which was then in force. In the Italian Government's view that indicates that the Commission considered that the situation in Italy complied with that provision of the directive in respect of the original Annex I. The Italian Government alleges that the new Annex I introduced by Directive 85/411 (144 species for which special conservation measures must be taken, instead of 74) lists many species of birds which do not occur in Italian territory. In its view it could reasonably be expected that the Commission should state both as regards the original Annex I and the extended Annex I which species needed to be the subject of special conservation measures, having regard to the situation of the protected species occurring in Italian territory. No such particulars have been given, however, either in the pre-litigation procedure or in the application to the Court. In the Italian Government's view, in those circumstances it was not possible to supply any information to the Commission on that subject. It does not think it possible to bring proceedings for failure to fulfil obligations in order to determine whether and to what extent further special conservation measures are needed in Italy as a result of the replacement of Annex I of the directive. It therefore considers that the action must be declared inadmissible in view of its general nature. The Italian Government states that the Commission ought to have informed it of the result of its inquiry finding that there was a failure to implement Article 4 and to have made a specific complaint so as to make possible an exchange of views in relation to the actual situation of any particular protected species. No information of that nature has been supplied. The Italian Government considers that it does not have to notify and explain all the special conservation measures which the Italian regions have adopted in respect of each species of bird referred to in Annex I of the directive occurring in Italy. If the Commission had complained of a specific failure to implement the directive in that respect it would have been possible to review the existence and adequacy of the national special conservation measures. In the absence of a specific complaint such a review is practically impossible. The Italian Government goes on to observe that the implementing measures referred to in Article 4(1) of the directive have been adopted in Italian law. The regions may establish parks and nature reserves for the conservation of the habitat. Pursuant to Law No 968 of 27 December 1977(Gazetta Ufficiale della Repubblica Italiana No 3, 4.1.1978) they must on a regional basis provide for: — Protection areas intended as refuge, breeding and rest areas for wildlife (Art. 6(1)(a)); — Areas for repopulation and capture, intended for game breeding, its spread to adjacent areas and its capture with a view to repopulation (Art. 6(1)(b)); — Public wildlife-breeding centres, including natural reserves (Art. 6(1)(c)); — Rules which provide for or regulate incentives for owners and tenants of land, (individuals or groups) to undertake the restoration and protection of the environment and to provide for game production (Art. 6(1)(f)). According to the Italian Government, it is clear that the existence and adequacy of the national special conservation measures, having regard also to the matters referred to in Article 4(1), can be reviewed only in respect of certain species of birds connected with Italian territory. A general and generic review such as that called for by the Commission is thus impossible.