WRITTEN QUESTION E-0927/98

by María Sornosa Martínez (GUE/NGL) to the Commission

(26 March 1998)

Subject: Green light to hunt migratory species in Navarre

In the past year the Spanish national Congress amended Law 4/89 on the conservation of natural spaces and of wild flora and fauna, granting authorization for the hunting of certain game species, in small numbers, in traditional locations and in a controlled and selective manner provided this received the approval of the autonomous communities.

The amendment of Law 4/89 opened the way to the proposed regional law amending Regional Law 2/1993 of 5 March on the protection and management of wild fauna and its habitats in Navarre, which, when it enters into force, will allow the hunting of migratory species.

The above proposal for a regional law amending Regional Law 2/1993 has been submitted in Navarre and, if adopted, will lead to a dangerous increase in the already existing hunting pressure on migratory birds. This is particularly serious in the case of hunting of migratory species, since it will endanger those specimens which have survived the winter and are of high reproductive capacity and have the necessary food reserves for their return flight and subsequent breeding.

On 21 October 1997 the Commission expressed its opposition to the amendment of Law 4/89 and declared itself in favour of opening infringement proceedings against Spain if it was implemented.

Both amendments are in breach of Community legislation on migratory birds laid down in Directive 79/409/EEC(1).

1. What steps will the Commission take in view of the two-fold breach of the above directive?

2. What action will the Commission take to ensure that the transfer of competences in the area of the environment, as in this case, does not lead to European directives being breached?

Answer given by Mrs Bjerregaard on behalf of the Commission

(23 April 1998)

1. The Honourable Member refers to the provisions of Spanish law 4/1989 on the conservation of natural habitats and wild fauna and flora, as amended by law 40/1997, of 6 November 1997, published in the Spanish official journal No 266 of 6 November 1997.

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, sets out a general protection regime for birds, covering the protection, management and control of these species and laying 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 the conditions of Article 9 of the Directive.

The Commission has examined Spanish law 4/1989 as amended by law 40/1997 and has considered it to be compatible with the provisions of Council Directive 79/409/EEC since the general prohibition concerning hunting migrant birds set out in Article 7(4) of the Directive remains in Article 34 b) of the Spanish law. Exceptions may be authorized, pursuant to the new disposiciσn adicional octava, but they must comply with the conditions set out in Article 28 thereof, which fully complies with Article 9 of the Directive.

2. The Honourable Member also refers to the draft amendment of Ley foral 2/1993, concerning hunting in Navarra. The Commission has not received this draft and therefore cannot comment upon it. However, it is evident that should the draft amendment in its final formally adopted form not comply with the provisions of Directive 79/409/EEC, the Commission will not hesitate to initiate the procedure provided in Article 169 EC Treaty should this prove necessary.

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