WRITTEN QUESTION E-2177/98

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

(10 July 1998)

Subject: Authorization of hunting by the "parany" (trapping) method in the Valencia region (Spain)

In 1997, the Spanish Congress of Deputies amended Law 4/89 on the conservation of areas of natural beauty and wild flora and fauna to authorize the hunting of certain species on a small scale, in traditional hunting-grounds and in a controlled and selective fashion, should the regional governments so decide.

A few days ago, the ecological organizations represented on the Advisory Committee on the Environment rejected the draft law on hunting by the "parany" (trapping) method as drawn up by the government of the Valencia region, on the grounds that the pro-nature organizations considered this to be a non-selective method, involving as it does the use of a trap that replicates the natural habitat and indiscriminately immobilizes the birds that enter it.

In 1997, the Commissioner responsible expressed her disagreement with the amendment of Law 4/89 and advocated infringement proceedings against Spain should the measure go ahead. After examining the law, the Commission concluded that it was in fact compatible with Council Directive 79/409/EEC(1), since Article 34(b) of the Spanish law institutes a general ban on the hunting of migratory birds pursuant to Article 7(4) of the directive. The new eighth article permits exceptions, but these must meet the conditions laid down in Article 28 of the Spanish law, which are exactly the same as those specified in Article 9 of the directive.

In the light of the above:

1. Does the Commission consider that the "parany" method of hunting can be included among the exceptions permitted by the above-mentioned legislation, or does it consider that it does not qualify for exemption and is therefore in breach of Directive 79/409/EEC?

2. Can the Commission request a copy of the draft law on hunting drawn up by the Valencian regional government with a view ro examining it to ensure that, if necessary, action is taken to prevent any breach of the EU directive before the law is adopted?

Answer given by Mrs Bjerregaard on behalf of the Commission

(18 September 1998)

1. Hunting with lime, a non-selective hunting method, is forbidden, in principle, by Article 8 of Directive 79/409/EEC on the protection of wild birds(2).

However, a derogation could be granted should the conditions of Article 9 of the said Directive be satisfied. Such derogation might be granted where there is no other satisfactory solution to prevent serious damage to crops or to permit under strictly supervised conditions and on a selective basis to capture, keep or otherwise judiciously use of certain birds in small numbers.

The derogation must specify the species which are subject to the derogation, the means, arrangements or methods authorized for capture or killing, the conditions of risk and the circumstances of time and place under which such derogation may be granted, the authority empowered to declare that the required conditions obtain and to decide what means, arrangements or methods may be used, within what limits and by whom and the controls that will be carried out.

Each year the Member States are obliged by the Directive to send a report to the Commission on the implementation of Article 9.

2. The Commission has asked the Spanish authorities to provide the draft hunting law of Valencia mentioned by the Honourable Member.

The Commission will keep the Honourable Member informed on its findings following examination of this draft.

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

(2) OJ L 103, 25.4.1979.