WRITTEN QUESTION P-3557/97 by Josu Imaz San Miguel (PPE) to the Commission (4 November 1997)

Subject: Spanish hunting law

The law amending Spanish Hunting Law 4/89, adopted in May 1997, was intended to implement the European Directive, 79/409/EEC ((OJ L 103, 25.4.1979, p. 1. )). The amendment takes the form of transposing Derogation C in the directive to the provisions of Article 7(4) of the same directive, concerning the hunting of birds returning to their breeding-grounds.

The derogations would be applied in strictly controlled conditions and on a selective basis, in small quantities, and with specific limits to ensure conservation of the species as laid down in Article 9(2), (3) and (4) of the directive.

Indeed, the derogations applied to Spanish hunting law are in fact more restrictive than those allowed by the European directive. The Community text provides that the derogations may be applied to any species of bird, whereas the amendment to the Spanish law limits them to hunting species and unlisted birds. The application is also more restrictive than European law with regard to breeding-grounds, since it associates them with traditional practice.

This being the case, does the Commission think that Directive 79/409 provides for possible derogations to Article 7(4) for the hunting of birds returning to their breeding-grounds? Does it think that Derogation C of the directive is applicable to Article 7(4)? Does it think that a Member State may apply the derogation to Article 7(4) of Directive 79/409 under its relevant national law in more restrictive conditions than those provided for in the Community directive itself? In so far as the amendment to Spanish Law 4/89 fulfils the above requirements, does it therefore believe that the Spanish derogations comply with the provisions of Directive 79/409?

Answer given by Mrs Bjerregaard on behalf of the Commission (26 November 1997)

The text amending Spanish law 4/1989 on the conservation of habitats and wild fauna and flora, although already approved by the Spanish Parliament, has not yet been published in the official journal (Boletin Oficial del Estado). Such publication is necessary in order for it to enter into force.

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, establishes in Article 1 a general protection regime for wild birds:

' 1. This Directive relates to the conservation of all species of naturally occurring birds in the wild state in the European territory of the Member States to which the Treaty applies. It covers the protection, management and control of these species and lays down rules for their exploitation.

2. It shall apply to birds, their eggs, nests and habitats. (...) '.

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. '.

Derogations from Article 7 must respect the conditions of Article 9 of the Directive.

Should a modification enter into force which does not comply with the provisions of Directive 79/409/EEC, the Commission will take all appropriate measures to ensure full compliance with this Directive.