WRITTEN QUESTION P-3001/02

by Winfried Menrad (PPE-DE) to the Commission

(16 October 2002)

Subject: Wild birds Directive: different interpretations in the Member States

Directive 79/409/EEC(1) on the conservation of wild birds is a source of continuing controversy among both conservationists and hunters. The main reason for this is the widely differing interpretations of the Directive in the various Member States.

In view of the current discussions about the production of a guide to interpreting the wild birds Directive, how will the Commission ensure that interpretations do not differ so widely in future?

What possibilities does the Commission see of securing the Directive's praiseworthy goal of protecting species with less bureaucracy?

Is the Commission seeking to update the wild birds Directive as a means of attaining these objectives?

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

Answer given by Mrs Wallström on behalf of the Commission

(20 November 2002)

Although differing interpretations of the requirements of the Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds would appear to have contributed to some controversies surrounding its implementation, especially as regards its hunting provisions, other factors have also played a role. These include the failure of some Member States to correctly transpose and adequately enforce the different provisions of the Directive. There is also still a frequent lack of good scientific information on bird populations and aspects of their biology, such as migration and reproduction periods, to underpin correct application of the Directive in some Member States.

There is already a considerable amount of case law from the Court of Justice providing definitive interpretation of the provisions of the Directive, including those relating to hunting. The guidance document on hunting, which is being prepared by the Commission, with assistance from experts of Member States and key stakeholder groups, is intended to facilitate the future application of the Directive as it will provide a comprehensive overview of hunting within the framework of the Directive. In this regard it will refer to the relevant case law, as well as describing the legal, scientific and conservation principles that underpin the management of hunting under the Directive. While providing this clarity the guide fully recognises that it rests with the Court of Justice to provide definitive interpretation of a Directive.

The Commission intends to make the guide available to each Member State as well as to the different key stakeholders, which should help ensure that interpretations do not differ widely in the future. It is the Commission's hope that the guide will assist Member States in achieving a consistent application of the Directive and thereby avoiding misunderstandings such as those that have happened in the past. The Commission will, nevertheless, in its role as guardian of the EC Treaty, continue to monitor the application of the Directive in each Member State and to take the necessary measures where there are failures of compliance.

The Commission is also continuing to promote a constructive dialogue on sustainable hunting under the Directive between the different key stakeholders, including representatives of hunter and bird protection societies. This is aimed at working in partnership to deliver a series of scientific, conservation and management, as well as education and awareness measures on sustainable hunting, while at the same time securing the Directive's primary objective of conserving the Community's shared heritage of wild birds.

There are at present no plans to amend the Directive other than to introduce adaptations to its Annexes, on the basis of proposals from the candidate countries, with the enlargement of the Union.