WRITTEN QUESTION P-4023/03 by Jean-Louis Bernié (EDD) to the Commission. Natura 2000.
Date: 2004-01-05
Institutions: European Parliament, Provisional data
Subjects: case-law (EU), environmental impact, environmental protection, hunting, legal basis, protected area, protection of animal life, wildlife

27.3.2004

EN

Official Journal of the European Union

C 78 E/895

The financial impact of these corrections can be summarized as follows:

Greece

Spain

Italy

1998

50,8

48,5

9,1

1999

21,0

45,5

12,5

(per million euros)

2000

24,1

N/A

13,0

For financial years 2001 to 2003 the clearance of accounts procedure is still ongoing concerning the
relevant Member States, and appropriate financial corrections will be applied in due course.

(1) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy,

OJ L 160, 26.6.1999.

(2) Commission Decision 2001/557/EC of 11 July 2001 excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF), OJ L 200, 25.7.2001 and Commission Decision 2003/536/EC of 22 July 2003 excluding from
Community financing certain expenditure incurred by the Member States under the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund (EAGGF) (Greece), OJ L 184, 23.7.2003, and Commission
Decision 2001/137/EC of 5 February 2001 excluding from Community financing certain expenditure incurred by
the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund
(EAGGF), OJ L 50, 21.2.2001 and Commission Decision 2002/881/EC of 5 November 2002 excluding from
Community financing certain expenditure incurred by the Member States under the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund (EAGGF), OJ L 306, 8.11.2002 (Spain).

(3) Commission Decision 2002/523/EC of 28 June 2002 excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF), OJ L 170, 29.6.2002.

(4) Commission Decision 2002/881/EC of 5 November 2002 (Greece and Italy).

(2004/C 78 E/0946)

WRITTEN QUESTION P-4023/03

by Jean-Louis Bernié (EDD) to the Commission

(5 January 2004)

Subject: Natura 2000

In its judgment of 19 January 1994 (Case C-435/92), the Court of Justice considered that ‘any hunting
activity is liable to disturb wildlife and that it may in many cases affect the state of conservation of the
species concerned, independently of the extent to which it depletes numbers … Those disturbances are
reported to have an adverse impact on the level of energy of each individual and the mortality rate of all
the populations concerned.’.

In its reasoned opinion issued to France on 13 September 1994, the Commission took the view that
Article 7 does not allow hunting within special protection areas, that hunting is bound to affect the living
conditions of birds, even if there is a guarantee that they will not be killed, and that beating, shooting and
the presence of hunters and their dogs are incompatible with the objectives of reproduction and survival
specified in Article 4.

The Commission went on to point out that the aim of the financial support granted to France for
developing special protection areas had been to establish hunting-free nature reserves quickly.

Lastly, it stated that, in its view, that hunting within such areas could not under any circumstances be
justified by citing imperative reasons of overriding public interest within the meaning of Article 6(4) of
Directive 92/43/EEC (1).

However, both the Commission and the Member States maintain that hunting will continue in the Natura
2000 network, in which no disturbances to wildlife will be permitted.

C 78 E/896

Official Journal of the European Union

EN

27.3.2004

On what legal bases and on what case law is the Commission relying for its assertion that hunting and
protected areas (SPAs and SACs) will be compatible?

(1) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(5 February 2004)

The safeguards applying to Natura 2000 sites, given under Article 6 of Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of wild fauna and flora, are framed so as to be
of general application. There are no specific provisions concerning the practice of hunting and Natura
2000. Therefore, the approach to hunting must be based on the general principles that also apply to other
human activities that have potential to be detrimental to the conservation objectives of a site.

There is no specific Community case law with respect to hunting and Natura 2000 sites. To the extent that
existing case law is relevant to the general protection regime applying to Natura 2000, the Commission
has sought to reflect this in its guidance document on the provisions of Article 6 of Directive 92/43/
EEC (1). It also takes account of other case law emerging since the publication of this document. The
Honourable Member is also referred to the new guidance document on hunting which refers to this
topic (2).

(1) Managing Natura 2000 sites. The provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC. Available at http://

europa.eu.int/comm/environment/nature/legis.htm

(2) Guidance document on hunting under Council Directive 79/409/EEC on the conservation of wild birds. Available at

http://europa.eu.int/comm/environment/nature/sustainable_hunting.htm

(2004/C 78 E/0947)

WRITTEN QUESTION E-4024/03

by Christopher Huhne (ELDR) to the Commission

(9 January 2004)

Subject: Free-standing ovens

Further to the Commission’s answer to Written Question E-3307/03 (1), will it state whether free-standing
ovens with a shoulder height oven/grill compartment have been banned in the UK as result of Council
Directive 73/23/EEC (2) (or any other EU legislation)?

Will the Commission provide a list of free-standing ovens (by make and model) that are prohibited from
being placed on the market in the UK by Council Directive 73/23/EEC?

(1) OJ C 70 E, 20.3.2004.
(2) OJ L 77, 26.3.1973, p. 29.

Answer given by Mr Liikanen on behalf of the Commission

(12 February 2004)

Further to the Commission’s response to the Honourable Member’s Written Question E-3307/03 with
respect to Directive 73/23/EEC (1), the Commission is not aware of measures taken in the United Kingdom
to restrict the free movement or placing on the market of any free-standing oven with a shoulder height
oven/grill compartment.