WRITTEN QUESTION P-1495/03 by Jean-Louis Bernié (EDD) to the Commission. Interpretative guide to the Birds Directive.
Date: 2003-04-24
Institutions: European Parliament, Provisional data
Subjects: EC Directive, bird, dissemination of EU information, hunting regulations, interpretation of the law, provision of documents, user guide

6.3.2004

EN

Official Journal of the European Union

C 58 E/73

From the information given in the written question regarding the allocation of shares during the Building
Society’s conversion into a public limited company (plc), it is not possible to determine whether there is
discrimination on grounds of residence. In this case, unlike in the previous one, there is even a different
treatment between those members who were resident in countries other than the United Kingdom.
The Commission will proceed to obtain more detailed information on this part of case and has written to
the FSA for assistance. The Commission will analyse whether the differences with the previous case above
mentioned imply any discrimination and will take the necessary measures if appropriate.

(2004/C 58 E/089)

WRITTEN QUESTION P-1495/03

by Jean-Louis Bernié (EDD) to the Commission

(24 April 2003)

Subject: Interpretative guide to the Birds Directive

The Commission has for several months been working on the interpretative guide to the Birds Directive.

Parliament has never been involved in the drafting of this document, which is supposed to clarify the
situation concerning the hunting seasons for migratory birds, particularly in connection with Articles 7
and 9 of Directive 79/409/EEC (1).

The Commission has recently requested an opinion from its Legal Service on the guide’s content.

Would the Commission state whether it plans to submit the document to the European Parliament for its
opinion? If so, under which procedure and at what stage? If not, how does the Commission propose to
involve European MPs in the project before the text is finally agreed, bearing in mind that 254 of them
signed a written declaration in December 2000 calling for amendment of the Birds Directive?

And would the Commission state whether the interpretative guide will be annexed to the Birds Directive,
and whether it will be contestable before the Court of Justice of the European Communities?

Finally, would the Commission provide me with a copy of the French version of the document submitted
to its Legal Service, and the latter’s opinion?

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

Answer given by Mrs Wallström on behalf of the Commission

(22 May 2003)

The Commission is committed to providing a copy of the guidance document to the Parliament as soon as
it has been finalised, and it will also make a copy of the French version available to the Honourable
Member.

As a guidance document it is being prepared under the sole responsibility of the Commission. There are
no provisions for formal consultation of the Parliament in the context of such documents. However, the
Commission has already indicated that the document will be presented to the appropriate Committee and
Intergroups of the Parliament.

The document is not itself a legal
instrument, and will not be formally annexed to the Directive. In
addition, it needs to be stressed that the Court of Justice retains the sole prerogative to interpret the
provisions of the Directive. However, the Commission intends to promote the guide, which will be widely
disseminated to Member States and the different stakeholder groups.