WRITTEN QUESTION E-2565/98

by Undine-Uta Bloch von Blottnitz (V) to the Commission

(1 September 1998)

Subject: Shortcomings in the transposition of Directive 79/409/EEC in the Lombardy region and the Brescia Province in Upper Italy

To date, the Upper Italian region of Lombardy, and, in particular, the Brescia Province which forms part thereof, have not transposed in full the Directive referred to above.

In particular, with a few exceptions, the Lombardy Regional Council (Giunta Regionale Lombardia) and the Brescia Province have, to date, not designated as protected areas the passes through the Brescia Alps which are important for bird migration and which, according to a study drawn up in April 1997 by the State Forestry Corps (Corpo Forestale dello Stato), constitute some of the most significant autumn migration routes for European songbirds and birds of prey across the Alps; capturing birds with nets has still been authorized year after year, although actions brought on the basis of Directive 79/409/EEC(1) by Italian nature protection societies against such authorizations regularly succeed before the region's administrative courts; in 1997 alone, the shooting of more than eight million sparrows, starlings, chaffinches and bramblings was permitted, although those birds are protected under EU law.

1. What is the Commission intending to do in order to persuade the Lombardy Regional Council and the Brescia Province to fulfil their obligations under Articles 3 and 4 of Directive 79/409/EEC and to designate as protected areas the passes through the Brescia Alps which are so important for bird migration?

2. What is the Commission intending to do in order to persuade the Lombardy Regional Council at long last to comply with the ban on the hunting of migratory birds with nets (see Article 8(1) of the Directive referred to above)?

3. What is the Commission intending to do into order to persuade the Lombardy Regional Council not to authorize in future the shooting of bird species not listed in Annex II to Directive 79/409/EEC as species that may be hunted?

Answer given by Mrs Bjerregaard on behalf of the Commission

(23 October 1998)

The insufficient classification of special protection areas in Italy is the subject of infringement proceedings against Italy. A reasoned opinion has been notified to the Italian authorities.

As mentioned by the Honourable Member, Article 8 of Directive 79/409/EEC on the conservation of wild birds states that "Member States shall prohibit the use of all means, arrangements or methods used for the large scale or non-selective capture or killing of birds or capable of causing the local disappearance of a species, in particular the use of those listed in Annex IV". Nets are listed in the Annex mentioned, consequently they are forbidden. However, Article 9 of the same Directive states that Member States may derogate from the provisions of Articles 5, 6, 7, and 8, where there is no satisfactory solution, for a certain number of reasons and under well specified and defined conditions. Provided that these reasons and conditions are fully respected, it is possible for a Member State to adopt a specific derogation on the basis of which hunting with nets is allowed.

As for the case of Lombardy mentioned by the Honourable Member, a complaint has been registered following a previous enquiry and a letter requesting information sent to the Italian authorities, in order to check the compliance of the derogation adopted by "Regione Lombardia" with Article 9 of Directive 79/409/EEC.

The Commission is waiting for a response. It will take the appropriate steps in order to ensure the observance of Community law.

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