EN Official Journal of the European Union CE 88/228

(2004/C 88 E/0232)

WRITTEN QUESTION E-0801/04

by Monica Frassoni (Verts/ALE) to the Commission

(11 March 2004)

Subject: Exceptional hunting and wild bird conservation — Sardinia

On 13 February 2004 the Autonomous Region of Sardinia adopted Law No 2, which allows ‘exceptional hunting’ as referred to in Article 9 of Directive 79/409/EEC (1), a system established in Italy in 2002 under Law No 221. The subsequent Order No 3/V, issued on 18 February 2004 by the Member of the Regional Executive responsible for environmental protection, authorised exceptional hunting of the Spanish sparrow (Passer hispaniolensis), the tree sparrow (Passer montanus), the starling (Sturnis vulgaris), the song thrush (Turdus philomelos), and the redwing (Turdus iliacus) on 21, 22, 26, and 29 February 2004, thus affording an opportunity for Sardinian hunters, of whom there are about 50 000, to bag possibly as many as 6 000 000 birds.

The exceptional hunting has been started at the request of the Member of the Regional Executive responsible for agriculture and agricultural and stockbreeding reform (note of 13 February 2004 (number in register 296/Gab.)) on account of supposed damage to crops, namely the non-existent ‘invasions’ by thrushes, sparrows, and starlings.

The Sardinian regional Law No 2/2004 appears to contravene Directives 79/409/EEC, 85/411/EEC (2), and 91/244/EEC (3) because it allows exceptional hunting of all ‘warm-blooded fauna species’ without distinction and is not based on any expert scientific opinion from recognised specialist institutes.

Executive Order No 3/V of 18 February 2004 appears to constitute an even more serious infringement of Community legislation because it authorised exceptional hunting in spite of the fact that no alternative solution had been tried and the alleged crop damage had not been proved. Furthermore, the bird species concerned had already been hunted during the normal hunting season that had just ended (and the Autonomous Region of Sardinia seems to be aiming in reality only to prolong the hunting season); the bagging permitted was on a scale anything but modest and marginal, and coincided with the height of the migration period before the mating and breeding season; and the entire situation manifestly flouted the case law of the Court of Justice (see judgments handed down on 16 October 2003, Case C-182/02; 7 December 2000, Case C-38/99; 19 January 1994, Case C-435/92; and 17 January 1991, Case C-157/89).

Environmentalist organisations (Lega per l'Abolizione della Caccia, Friends of the Earth, Gruppo d'Intervento Giuridico, Movimento U.N.A, and L.A.V.) have reported the matter to the national and Community authorities (notes of 13 and 20 February 2004).

Is the Commission aware of the above facts?

Has it ascertained that the wild bird conservation legislation is being observed?

Will it take the appropriate steps?

Answer given by Mrs Wallström on behalf of the Commission

(23 April 2004)

The Commission has already registered a complaint on the hunting legislation of Regione Sardinia mentioned by the Honourable Member, for possible bad application of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds as amended by Commission Directive 91/244/EEC of 6 March 1991.

The information given by the Honourable Member has been added to the complaint file which is under assessment by the Commission.

Should the Commission conclude that Community law is being breached in the case in question, it would not hesitate, as the Guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of relevant Community law.

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

(2) OJ L 233, 30.8.1985, p. 33.

(3) OJ L 115, 8.5.1991, p. 41.