WRITTEN QUESTION E-2516/99

by Sergio Berlato (UEN) to the Commission

(22 December 1999)

Subject: Directive 79/409/EEC on the conservation of wild birds

Directive 79/409/EEC on the conservation of wild birds(1) is now 20 years old. During that time it has never been the subject of debate or amendment and is now in need of thorough revision.

Over the years it has moved from being a directive which allowed for derogations for given periods and small quantities (notably in Article 9), giving each Member State responsibility for taking the measures necessary to achieve the aims set by the directive, and has become a provision which lays down only fixed obligations.

Bearing in mind that Annex II of the directive sets out a list of protected species, automatically excluding from its scope all other species not on the list, will the Commission undertake a revision of Directive 79/409 in order to ensure effective conservation of wild birds and their habitat, in the light of the biological and biogeographical changes which have occurred in Europe?

(1) OJ L 103, 25.4.1979, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(19 January 2000)

Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds has been amended at various times, for example by Directive 85/411/EEC of 25 July 1985(1), Directive 91/244/EEC of 6 March 1991(2), Directive 94/24/EC of 8 June 1994(3) and Directive 97/49/EC of 29 July 1997(4) (not to mention the amendments resulting from the accession of Greece, Spain and Portugal).

The scope of application of Directive 79/409/EEC covers all species of wild birds in the European territory of the Member States to which the Treaty applies. Article 1 of the Directive establishes that all species of naturally occurring birds in the wild state are concerned by the directive. It covers the protection, management and control of these species and lays down rules for their exploitation. Article 5 requires Member States to take the requisite measures to establish a general system of protection for all species of birds referred to in Article 1, prohibiting in particular: (a) deliberate killing or capture by any method; (b) deliberate destruction of, or damage to, their nests and eggs or removal of their nests; (c) taking their eggs in the wild and keeping these eggs even if empty; (d) deliberate disturbance of these birds particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of this directive; (e) keeping birds of species the hunting and capture of which is prohibited.

Given this general protection system for all species of wild birds, Article 4 provides species of wild birds listed in Annex I of the Directive with special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution. Article 7 states that, because of their population level, geographical distribution and reproductive rate throughout the Community, species listed in Annex II may be hunted under national legislation without jeopardizing conservation efforts in their distribution area (the species referred to in annex II/1 may be hunted in the geographical sea and land area where this directive applies while the species referred to in annex II/2 may be hunted only in the Member States in respect of which they are indicated). Article 9, to which the Honourable Member refers, lists requirements and conditions under which derogations to the provisions of the Directive are admitted.

Therefore, under Directive 79/409/EEC all wild bird species are protected by a general conservation system. In particular, those listed in Annex I are the subject of a stricter conservation system. Those listed in Annex II are the subject of a less strict conservation system. Derogations from the provisions of the Directive may be authorised under strict conditions. The provisions of the Directive, if properly implemented by the Member States, guarantee the conservation of all European wild bird species while allowing for their wise use and ecologically balanced control. Consequently, the Commission considers that a fundamental modification of Directive 79/409/EEC is not justified at present.

(1) OJ L 233, 30.8.1985.

(2) OJ L 115, 8.5.1991.

(3) OJ L 164, 30.6.1994.

(4) OJ L 223, 13.8.1997.