WRITTEN QUESTION E-2903/02 by Benedetto Della Vedova (NI) to the Commission. Italy's infringement of Council Directive 79/409/EEC of 2 April 1979 as a result of Law No 7 of the Veneto Region of 14 March 2002.
Date: 2002-10-16
Institutions: European Parliament, Provisional data
Subjects: EU law, European Commission, Veneto, application of EU law, bird, derogation from EU law, exchange of information, hunting regulations, protected species, regional law

C 110 E/122

Official Journal of the European Union

EN

8.5.2003

studies in the field, the results of which will be out in 2003-2005. The opinion of the Commission’s
Scientific Committee on Toxicity, Ecotoxicity and the Environment on health effects associated with
exposure to electromagnetic fields published on 30 October 2001 has confirmed the validity of the
Council Recommendation limits for radio frequencies and microwaves. Please note that this opinion is
shared by reports, which were developed independently by various Member States.

(1) OJ L 91, 7.4.1999.

(2003/C 110 E/128)

WRITTEN QUESTION E-2902/02

by Struan Stevenson (PPE-DE) to the Commission

(16 October 2002)

Subject: Competition policy

Can the Commission provide a breakdown by Member State of the total authorised income aid in

1.
2001, amounting to EUR 460 million, paid to beef farmers in the EU in the wake of the BSE crisis?

Can the Commission provide details of which Member States have applied for state aid under the

2.
new guidelines for advertising agricultural products introduced on 6 June 2001?

Answer given by Mr Fischler on behalf of the Commission

(3 December 2002)

As

to the breakdown by Member State of

1.
income aid related to the bovine spongiform
encephalopathy (BSE) crisis authorised by the Commission in 2001, the breakdown per Member State is
as follows:

(cid:1) Belgium: ca EUR 59 million;

(cid:1) Germany: ca EUR 43 million;

(cid:1) Spain: ca EUR 13 million;

(cid:1) France: ca EUR 259 million;

(cid:1) Italy: ca EUR 79 million;

(cid:1) Austria: ca EUR 4 million.

2.
The following Member States have so far notified state aid to be examined under the new guidelines
for advertising of agricultural products: Denmark, Germany, Spain, France, Italy, the Netherlands, Finland,
Sweden, United Kingdom.

(2003/C 110 E/129)

WRITTEN QUESTION E-2903/02

by Benedetto Della Vedova (NI) to the Commission

(16 October 2002)

Subject: Italy’s infringement of Council Directive 79/409/EEC of 2 April 1979 as a result of Law No 7 of

the Veneto Region of 14 March 2002

By virtue of Regional Law No 7 of 14 March 2002 the Veneto Region has allowed, during the 2002/2003
and 2003/2004 hunting seasons, the hunting of the following species of wild birds protected by Directive
79/409/EEC (1): Passer italiae, Passer montanus, Sturnus vulgaris, Streptopelia decaocto and Phalacrocorax
carbo from 15 September to 31 December, each hunter being allowed to kill 20 birds per day and up to
100 per year; Fringilla coelebs and Fringilla montifringilla from 15 September to 31 December, each
hunter being entitled to kill up to 5 birds per day and up to 40 per year.

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Official Journal of the European Union

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Justice (2), Article 9(2) of Council Directive 79/409/EEC requires an
According to the Court of
administrative authority to determine in respect of the cases falling within the scope of Article 9(1), if the
conditions of that paragraph are fulfilled, in what area and for what birds hunting may exceptionally be
authorised. The authorities responsible under Article 9(2) of the directive must also examine whether there
is any other satisfactory solution which would allow the problem in the particular case to be resolved
without the need to resort to the granting of a derogation.

The derogation in question was granted not by an administrative authority specified beforehand in
accordance with a regular administrative procedure, but directly, by means of Regional Law No 7/2000.
The existence of the conditions required by the directive was therefore asserted as an incontrovertible legal
truth. In the case of the species Fringilla coelebs and Fringilla montifringilla, the derogation was not
justified, in blatant contravention of Article 9(1)(c) of the directive.

In this Regional Law the Italian Republic has failed to fulfil its obligations under the Treaties, since it is
incompatible with Community legislation that a Member State or one of its regional authorities should, at
short notice, adopt legislative acts with an essentially administrative content in order to circumvent
Community law.

Can the Commission say whether it intends to bring proceedings against the Italian Republic for failure to
fulfil its obligations in accordance with Article 226 of the TEC, on the grounds that Law No 7 of the
Veneto Region of 14 March 2002 infringes Directive 79/409/EEC?

(1) OJ L 103, 25.4.1979, p. 1.
(2)

Judgment of 17.5.2001, in Case C-159/99.

Answer given by Mrs Wallström on behalf of the Commission

(18 November 2002)

As regards the general issue on derogations under Article 9 of Council Directive 79/409/EEC of 2 April
1979, on the conservation of wild birds, the Honourable Member is kindly requested to refer to the reply
given to his Written Question E-2688/02 (1).

As regards the hunting legislation in Regione Veneto, the Commission is not aware of the situation
described by the Honourable Member. The Commission will, therefore, take the appropriate steps to gather
detailed information and to ensure, within the limits conferred on it by the Treaty, the observance of
Community law.

Should the Commission be informed that Community law is being breached in the specific case, it would
not hesitate, as the Guardian of the EC Treaty, to take all necessary measures, including infringement
procedures under Article 226 of the EC Treaty, in order to ensure the observance of relevant Community
law.

(1) See page 90.

(2003/C 110 E/130)

WRITTEN QUESTION E-2909/02

by Fernando Fernández Martín (PPE-DE) to the Commission

(16 October 2002)

Subject: Democratic Republic of Congo

Will the Commission say what projects in the Democratic Republic of Congo were funded from the EU
budget during 2000?

Will it say how much aid in total was given to the country in all forms during 2000?