WRITTEN QUESTION P-2580/00

by Dorette Corbey (PSE) to the Commission

(25 July 2000)

Subject: Implementation of the Birds Directive

The European Parliament recently received 2,2 million signatures of citizens from all countries of Europe. These citizens are extremely concerned about the persistence of hunting practices that do not respect the conservation requirements of European legislation on the protection of wild birds.

1. Can the Commission provide an overview of the actual implementation of Article 7(4) of the Birds Directive (79/409/EC)(1)?

2. Hunting during return migration is still practised in some Member States, notably France (February), Finland (seaducks), Greece (February), and Austria (woodcock). What steps has the Commission taken to rectify these breaches of Article 7(4) of the Birds Directive and what steps are being planned?

3. Does the Commission share the view that the new hunting law in France (28 June 2000 and the decrees) does not comply with the Birds Directive because of its authorisation of night hunting and because of the insufficient opening and closing dates?

4. In the United States, federal framework regulations ensure that hunting is prohibited from 20 January until 1 October. Does the Commission share the view that a Europe-wide opening and closing date of the hunting seasons, adapted to the latest and earliest species respectively, would serve legal certainty, implementation and enforcement in Member States and candidate member states?

5. Is the Commission prepared to provide a clear guideline to the Member States?

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

Answer given by Mrs Wallström on behalf of the Commission

(22 September 2000)

The implementation of Article 7.4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds falls under the exclusive competence of Member States. The practical arrangements for hunting are set by national, regional and even local legislation. It is rather difficult to provide an overview of the implementation of this Article in the framework of a written question. The Commission would therefore invite the Honourable Member to consult the last published report from the Commission on the application of Directive 79/409/EEC update for 1993-1995 based on information supplied by the Member States on the application of national measures adopted pursuant to the Directive(1).

When the Commission has evidence that hunting practices in a Member State, including the setting of hunting periods, are not in conformity with Article 7.4, it will normally open an infringement file in order to assess any allegation within the framework of Article 226 (ex Article 169) of the EC Treaty. As far as national hunting periods are concerned, infringement files have been opened for France (case before the Court of justice) and Greece (reasoned opinion delivered on 28 July 2000).

The Commission at this stage cannot take a position on the new hunting law and regulations in France since the French authorities have only recently transmitted the texts to the Commission.

Taking into consideration the principle of subsidiarity, the extensive geographical area of the Community, the diversity of biological and ecological characteristics across Europe and the different economic and recreational requirements recognised in the Directive, the Directive does not fix opening or closing dates for hunting. The Commission considers that the provisions of the Directive are suitable for ensuring that the practice of hunting is compatible with the conservation of wild birds.

Since the adoption of Directive 79/409/CEE, the Commission has produced and supported several studies and guidelines to assist Member States in their implementation of the Directive. This technical and scientific work is carried out with the framework of the ORNIS Committee and its scientific working group.

(1) COM(2000) 180 final.