WRITTEN QUESTION E-0188/02

by Gianfranco Dell'Alba (NI) to the Commission

(6 February 2002)

Subject: Compliance with Directive 79/409/EEC and request for information on implementation of Directive 92/43(EEC (Flora, Fauna, Habitat)

Is the Commission aware that the Italian authorities are in a number of cases in breach of Article 9 of Directive 79/409/EEC(1)? If so, can it state which authorities (region, municipality, province or other) are in breach?

Is the Commission aware that in 2000 and 2001 the Italian provinces published their hunting calendars, in breach of the above-mentioned Directive 79/409/EEC?

How many infringement procedures, and of what nature, have been taken out against Italy since this directive became law, and what solutions, administrative or otherwise, have been applied?

What economic interventions and initiatives has the Commission undertaken/does the Commission intend to undertake to ensure compliance with 79/409/EEC, pursuant to the objectives set out in Directive 92/43/EEC(2)? Do the Commission's objectives still encompass the Programme Nature Network 2000?

Can the Commission indicate in more general terms which EU Member States are acting in breach of this direction in specific and repeated fashion?

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

(2) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(26 March 2002)

The Honourable Member has raised an issue concerning a possible breach of Article 9 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds in Italy. This matter is covered by an open infringement procedure under Article 226 of the EC Treaty. On the basis of Article 226 of the EC Treaty, if the Commission considers, that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice. The contents of infringement procedures are confidential.

As regards the hunting calendars, the Commission cannot be aware of all situations which are likely to be considered as a bad application of environmental Community law by the Member States. Such situations are normally drawn to the attention of the Commission by letters of complaint, Parliamentary Written Questions and Petitions to the Petitions Committee of the Parliament. However, situations claimed to be inconsistent with the relevant Community law need to be precisely described so as to enable the Commission to assess them in relation to applicable Community environmental law. Therefore, in the light of the information given by the Honourable Member, no breach of the directive can be identified at present.

The Commission has started about twenty infringement procedures against Italy under Article 226 of the EC Treaty, for failure of Italy to fulfil its obligations under Directive 79/409/EEC since it became law. In the light of Article 226 of the EC Treaty these procedures where closed or brought before the Court of Justice of the Community. Four infringement procedures are still open. The Court of Justice has issued four judgements under Article 226 of the EC Treaty, for failure of Italy to fulfil its obligations under Directive 79/409/EEC: judgements in cases C-1985/262, C-1989/157, C-1989/334 and C-1999/159. These judgements are published in the annual European Court Reports.

The full implementation of the Natura 2000 network is one of the priorities of the Commission, and is clearly identified as such in the 6th Environment Action Programme. The first list of Sites of Community Importance, for the Macaronesian biogeographic region, was approved by the Commission on 28 December 2001. The assessment of the national lists of sites proposed by each Member State is ongoing for the other biogeographical regions. The Special Protection Areas designated by the Member States under Directive 79/409/EEC are automatically included in the Natura 2000 network. As such, projects for their management and conservation can be financed through the LIFE financial instrument. An adequate management of those areas, that takes into account the conservation objective of Council Directive 79/409/EEC and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, can also receive Community co-financing in the framework of Rural Development Plans, or through Structural Funds. The Commission has also recently launched a working group, with the participation of the Member States and of the main stakeholders, to examine the possibilities of community co-financing of the management of all Natura 2000 sites, under Article 8 of Directive 92/43/EEC.

The Parliament is regularly informed of the status of all infringement procedures under way. Details about the stage of infringement procedures against all Member States, which have at least made the subject of a reasoned opinion, can be found in the Reports on monitoring the application of Community law annually published from the Commission.

Information concerning infringement procedures are also published, and frequently updated, on the Commission's Europa Internet site (http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm

infractions).