WRITTEN QUESTION P-3611/00 by Enrico Ferri (PPE-DE) to the Commission. Implementation of Article 9 of Directive 79/409/EEC in Tuscany Regional Council Decision No 184 of 27 September 2000.
Date: 2000-11-15
Institutions: European Parliament, Provisional data
Subjects: Tuscany, application of EU law, protection of animal life

C 151 E/194

Official Journal of the European Communities

EN

22.5.2001

Would the Commission approach the German Government to ask it to halt the expulsion procedure in
this case?

Would the Commission urge the German authorities to raise the social assistance threshold and thus
prevent such frequent recourse to the expulsion procedure?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(9 January 2001)

The Commission is not aware of the specific situation concerning the Italian citizen from the Veneto
resident in Costanza mentioned by the Honourable Members. If the Honourable Members could provide
details of the case to the Commission, it could investigate further.

The Commission would refer the Honourable Members to its answer to Written Question P-3394/00 by
Mr Musumeci (1) and to its answer to their Written Questions E-3404/00, E-3405/00, E-3406/00 and
E-3408/00 (2) by Mr Cossutta for an explanation of Community law on the renewal and withdrawal of
residence permits as well as an explanation of the correspondence between the Commission and the
German authorities on this subject. This correspondence makes it clear that Germany accepts the
Commission(cid:146)s view that a migrant workers in receipt of social assistance may not, for that fact alone, be
expelled from the Member States.

(1) OJ C 136 E, 8.5.2001, p. 229.
(2) See p. 159.

(2001/C 151 E/224)

WRITTEN QUESTION P-3611/00

by Enrico Ferri (PPE-DE) to the Commission

(15 November 2000)

Subject: Implementation of Article 9 of Directive 79/409/EEC in Tuscany Regional Council Decision

No 184 of 27 September 2000

Does Tuscany Regional Council Decision No 184 of 27 September 2000 correctly implement Article 9 of
Directive 79/409/EEC (1) concerning derogations from the provisions on the conservation of wild birds?

The legal bases for that decision are, in addition to the above directive: Law No 157 of 11 February 1992;
the Prime Ministerial Decree of 21 March 1997; the Legislative Decree of 4 June 1997; and Tuscan
Regional Law No 70 of 11 August 1997. Pursuant to that legislative framework and owing to serious,
proven and duly documented damage to crops and harvests, the Tuscan regional authorities decided to
apply the provisions of Article 9 of the directive by providing for the slaughter, within clearly defined
limits, of swallows and tree swallows, which are among the species covered by the conservation
provisions.

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

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(12 December 2000)

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds sets out a system of wild
bird protection. In general the capture of wild bird species is prohibited. However, the system of wild bird
protection set out in the Directive allows for some derogations. Article 9 of the Directive lists the
requirements and conditions under which derogations to the provisions of the Directive are allowed.

1. Member states may derogate from the provisions of articles 5, 6, 7 and 8, where there is no
other satisfactory solution, for the following reasons: (a) in the interests of public health and safety, in
the interests of air safety, to prevent serious damage to crops, livestock, forests, fisheries and water, for

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the protection of flora and fauna; (b) for the purposes of research and teaching, of re-population, of
re-introduction and for the breeding necessary for these purposes;
to permit, under strictly
supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain
birds in small numbers.

(c)

2.
The derogations must specify: the species which are subject to the derogations, the means,
arrangements or methods authorized for capture or killing, the conditions of risk and the circum-
stances of time and place under which such derogations 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, the controls which will be carried out.

In order to assess compliance with Directive 79/409/EEC of acts of derogation taken by the authorities it is
necessary to check whether these derogations have met the above-mentioned requirements and conditions.
On the basis of the information given by the Honourable Member, the Commission does not have
sufficient details to be able to investigate whether (cid:145)deliberazione(cid:146) of Regione Toscana of 27 September
2000, which adopted a derogation concerning the wild bird species Passer Italiae and Passer Montanus,
complies with Directive 79/409/EEC and it is not therefore in a position to answer the question at the
moment. It would ask the Honourable Member to provide more details.

However, the Commission is aware that these conditions are generally not fully respected by the Italian
legislation. The derogation regime set out in the Italian legislation does not comply with the provisions of
Article 9 of the Directive. The Commission considers that Italy failed to ensure respect for all conditions of
the regime in certain situations where derogations are invoked. The Commission therefore referred the
matter to the Court of Justice, where the case is pending.

(2001/C 151 E/225)

WRITTEN QUESTION E-3617/00

by Elspeth Attwooll (ELDR) to the Commission

(22 November 2000)

Subject: Import tariffs on fisheries products imported into Poland from the European Union

Can the Commission outline a predicted timetable for its stated policy of negotiating reduced import tariffs
on fish and fishery products to the ten Central and Eastern European countries, including Poland?

Answer given by Mr Lamy on behalf of the Commission

(22 December 2000)

Following the mandate given to the Commission contacts have been made with the ten Central and
Eastern European Countries (CEECs) with which accession negotiations have been opened.

The Commission has carried out a first round of negotiations with eight of them. A second round of
negotiations, resulting in agreed minutes to be put forward to the respective authorities, was carried out
late November, covering four of the CEECs, including Poland.

If Member States agree to the Commission proposals, trade arrangements could enter into force early in
2001.