WRITTEN QUESTION E-0681/03 by María Sornosa Martínez (PSE) to the Commission. Incorrect transposition of the Birds Directive into Spanish law.
Date: 2003-03-07
Institutions: European Parliament, Provisional data
Subjects: Spain, bird, derogation from EU law, hunting regulations, infringement procedure (EU), national implementing measure, protection of animal life

9.10.2003

EN

Official Journal of the European Union

C 242 E/161

which exist between the parts of South-East Spain and the Western United States, it was thought that
American experts might be able to provide a valuable insight into some of the key issues associated with
the proposed Ebro transfer.

The Commission provided the names of prominent American experts but was not involved in the decision
to establish a team of experts nor in the choice of the experts. The Commission did not have any direct
contact with the experts and was not involved in their investigation although it was informed of its status
on a regular basis. The Commission advised that the experts be given access to a wide selection of material
concerning the proposed Ebro transfer, including not only official documents but also reports from non-
governmental organisations, academics and others that had raised concerns in relation to the proposed
transfer. The Commission also advised that the report be made public and widely accessible.

The idea of an independent investigation was very strongly supported by Mr Amalio Garrido from the
region of Murcia.
It is understood that Mr Garrido has an unpaid position as a Commissioner for
sustainable development with the regional government in Murcia. He also represents a municipal drinking
water supply company in the Murcia region. The information and advice referred to above was provided
to Mr Garrido. The host organisation for the commissioning and execution of the study was the University
of Cartagena in Murcia.

(2003/C 242 E/169)

WRITTEN QUESTION E-0667/03

by Chris Davies (ELDR) to the Commission

(6 March 2003)

Subject: Transposition dates for DG Environment directives

Can the Commission state the transposition dates for all DG Environment directives since September 1999
and the dates (if any) on which the UK Government confirmed to the Commission that they had been
transposed into UK law and in which cases the Commission has commenced proceedings in order to
secure compliance?

Answer given by Mrs Wallström on behalf of the Commission

(2 April 2003)

There are twenty-six directives for which Directorate General Environment is responsible, which are
relevant for transposition by the United Kingdom and for which transposition was due after September
1999. These are listed in the table which is sent direct to the Honourable Member and to Parliament’s
Secretariat. As can be seen from the table, six of the Directives listed have been transposed. For the rest,
infringement proceedings are on-going. Eleven of the cases listed relate only to the failure to transpose in
Gibraltar.

(2003/C 242 E/170)

WRITTEN QUESTION E-0681/03

by María Sornosa Martínez (PSE) to the Commission

(7 March 2003)

Subject: Incorrect transposition of the Birds Directive into Spanish law

The European Commission brought infringements proceedings against the Kingdom of Spain for failing to
correctly transpose and implement Directive 79/409/EEC (1) on the conservation of wild birds. The
irregularities detected by the Commission at the initial stage related to the seventh additional provision of
Law No 4/1989 on conservation of the countryside and wild fauna and flora, which provided that
authorisation for the hunting of partridge using decoys could be granted by the relevant autonomous
administration, with the limitations required to ensure conservation of that species, in places where this

C 242 E/162

Official Journal of the European Union

EN

9.10.2003

was a traditional activity. The Kingdom of Spain responded to the Commission’s notification of this
irregularity by amending the original law by way of Law 53/2002, claiming that this brought it into line
with the Community legislation on birds.

However, while the new law prohibits hunting in the pre-mating and mating seasons and in migratory
periods (Articles 34 and 38), the national legislature has in no way altered the seventh additional provision
of Law No 4/1989, thereby entitling the competent administration (autonomous community) to maintain
the derogation for the hunting of partridge using male decoys in places where this is a traditional activity.
This means that the legislation on wild birds has still not been transposed correctly and in full.

Does the Commission feel that the new Law 53/2002,
in continuing to leave the above-mentioned
derogations to the discretion of the autonomous communities, correctly transposes the Directive on the
conservation of wild birds?

Does it believe that the central government’s delegation to the autonomous communities of powers to
grant derogations provides an adequate guarantee of compliance with Community legislation in this field?

Has the Commission given any follow-up to letter of formal notice No 4720 it sent to Spain in 1999?

What measures will the Commission take to ensure the correct transposition of Directive 79/409/EEC,
which does not provide for derogations such the one permitted by the Kingdom of Spain?

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

Answer given by Mrs Wallström on behalf of the Commission

(8 April 2003)

In the course of the infringement proceedings referred to by the Honourable Member, the Commission
sent Spain a reasoned opinion regarding the improper transposition and application of Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds. In the said reasoned opinion it asked Spain
to take the necessary steps to comply with the provisions of the Directive.

The Commission has yet to receive the Spanish authorities’ reply to the reasoned opinion. Nonetheless, it is
currently examining the conformity of Spanish Law No 53/2002 with the provisions of Directive 79/409/
EEC.

In any event, the Commission will take every measure provided for in the Treaties to ensure that the
Spanish authorities transpose and enforce Directive 79/409/EEC properly.

(2003/C 242 E/171)

WRITTEN QUESTION E-0685/03

by Marie Isler Béguin (Verts/ALE), José Mendiluce Pereiro (PSE)
and Alexander de Roo (Verts/ALE) to the Commission

(7 March 2003)

Subject: Spanish National Hydrological Plan, Structural Funds and cost benefit balance

The Commission is considering the Spanish Government’s request for EU co-funding for the planned
construction work on the National Hydrological Plan (NHP) and, in particular, the schemes for transfering
water from the Ebro to the Barcelona metropolitan area and the Spanish south-east coast.