WRITTEN QUESTION E-3853/97 by Angela Sierra González (GUE/NGL) to the Commission (5 December 1997)

Subject: Effects of 'contrapasa' on migratory birds in the Canaries

The Canary Islands are one of the staging posts on the route taken by birds migrating from Europe to Africa. Many species of bird stop on the islands and they are sometimes present in substantial numbers.

They include the little egret (Egretta garzetta), grey heron (Ardea cineara), spoonbill (Platalea leucorodia), ruddy shelduck (Tadorna ferruginea), ringed plover (Charadrius hiaticula), grey plover (Pluvialis squatarola), sanderling (Calidris alba), little stint (Calidris minuta), dunlin (Calidris alpina), whimbrel (Numenius phaeopus), greenshank (Tringa nebularia), common sandpiper (Actitis hypoleucos), and turnstone (Arenaria interpres).

All these species appear in the national list of threatened species in Spain.

Law 40/1997 of 5 November, amending Law 4/1989 of 27 March, on the conservation of natural areas and woodland flora and fauna, recently came into force, authorizing the 'capture, retention or any other prudent exploitation of certain hunting species in small quantities ... with reference to non-listed migratory birds during their return to their places of origin'. The technique concerned, also known as 'contrapasa', was previously prohibited by the same law.

According to many conservationist groups, including Birdlife International, and legal experts, this amended provision is a serious breach of Directive 79/409/EEC ((OJ L 103, 25.4.1979, p. 1. )) of 2 April 1976 on the conservation of wild birds.

How might the entry into force of this law affect the conservation of migratory birds travelling from northern Europe to Africa?

Does the technique of 'contrapasa' affect birds of the species mentioned above? Does the Commission intend to outlaw the use of this technique?

Answer given by Mrs Bjerregaard on behalf of the Commission (7 January 1998)

The Honourable Member refers in the first place to the provisions of Spanish law 40/1997 of 6 November, published in the Spanish official journal no 266 of 6 November 1997, modifying law 4/1989 on the conservation of habitats and wild fauna and flora. This law contains a possibility to authorize exemptions to the general rule prohibiting hunting of birds during their migration back to their rearing grounds.

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds ((OJ L 103, 25.4.1979. )), covers the protection, management and control of these species and lays down rules for their exploitation.

This protection regime is strict concerning migratory birds. Article 7 (4) of the Directive states:

'(...) In the case of migratory species, they shall see in particular that the species to which hunting regulations apply are not hunted during their period of reproduction or during their return to their rearing grounds, Member States shall send the Commission all relevant information on the practical application of their hunting regulations.'

However, derogations from Article 7.4 are possible, provided they comply with the conditions of Article 9 of the Directive.

The Commission has examined the above mentioned Spanish law and has considered it to be compatible with the provisions of Council Directive 79/409/EEC, since derogations to the general prohibition of hunting migrant birds set out in Article 7.4 of the Directive to be granted under this law must comply with the conditions set out in Article 9 of the Directive.

Under the new Spanish law the derogations applying to migrant birds can only be applied to huntable species, not included in the Spanish catalogue of threatened species ((Real Decreto 439/90. )).

As the Honourable Member acknowledges, all the species mentioned in the question are included in the Spanish catalogue of threatened species and therefore this derogation regime cannot be applied to them.