WRITTEN QUESTION No. 3975/97 by Josu IMAZ SAN MIGUEL to the Commission. Spanish hunting law
Date: 1997-12-09
Institutions: European Parliament, IMAZ SAN MIGUEL
Subjects: Canary Islands, Spain, bird, hunting, hunting regulations, protected species, protection of animal life

C 223/38

EN

Official Journal of the European Communities

17. 7. 98

Answer given by Mrs Bjerregaard on behalf of the Commission

(14 January 1998)

The  Commission,  as  the  Honourable  Member  states,  has  been  informed  about  the  issue  by  a
1. to 4.
complaint. The information as provided for by the complainant has been assessed by the Commission. Given that
this information was not sufficient to state an infringement at this stage, the Commission invited the complainant
to put forward the still needed information. No reply has been received so far.

It is worth noting that the same issue has been put forward to the attention of the Commission by two other
5.
complainants which have also been invited to give further information on the case. Apart of this, the Commission
is  not  aware  of  similar  cases  related  to  golf  courses  and  their  impact  on  Community  law  concerning  nature
conservation.

(98/C 223/41)

WRITTEN QUESTION P-3975/97

by Josu Imaz San Miguel (PPE) to the Commission

(9 December 1997)

Subject: Spanish hunting law

Does  the  Commission  believe  that  European  Directive  79/409/EEC (1)  provides  for  possible  derogations  to
Article 7(4) as regards the hunting of birds returning to their rearing grounds? Does the Commission think that
the derogation referred to in Article 9(1)(c) of the said Directive applies to Article 7(4)? Can a Member State, in
its own national legislation, apply such a derogation from Article 7(4), under conditions more restrictive than
those envisaged by the Community Directive itself? Insofar as the amendment of Spain(cid:146)s Law 4/89 does just that
does  the  Commission  believe  that  the  Spanish  derogation  is  in  accordance  with  the  provisions  of  Directive
79/409?

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

Answer given by Mrs Bjerregaard on behalf of the Commission

(9 January 1998)

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

Council  Directive  79/409/EEC  of  2  April  1979  on  the  conservation  of  wild  birds,  covers  the  protection,
management and control of these species and lays down rules for their exploitation.

This protection regime is strict concerning migratory birds. Article 7 (4) of the Directives states:

(cid:145)(...) 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(cid:146).

However, derogations from Article 7.4 are possible, provided they comply with the conditions of Article 9 of the
Directive.

The Commission has examined the above mentioned Spanish law and has considered it to be compatible with the
provisions of Council Directive 79/409/EEC on the conservation of wild birds, since derogations to the general
prohibition of hunting migrant birds set out in Article 7.4 of the Directive to be granted under this law must
comply with the conditions set out in Article 9 of the Directive.