WRITTEN QUESTION E-0801/04 by Monica Frassoni (Verts/ALE) to the Commission. Exceptional hunting and wild bird conservation — Sardinia.
Date: 2004-03-11
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Sardinia, application of EU law, bird, hunting, hunting regulations, protection of animal life, wildlife

C 88 E/228

Official Journal of the European Union

EN

8.4.2004

In view of the gravity of the case in question, what action is the Commission intending to take in order to
ensure that the relevant Community laws (and, in particular, the above-mentioned Directives) are properly
and strictly enforced?

(1) OJ L 67, 7.3.1998, p. 29.
(2) OJ L 20, 26.1.1980, p. 43.
(3) OJ L 330, 5.12.1998, p. 32.

Answer given by Mrs Wallström on behalf of the Commission

(21 April 2004)

Depending on the detailed circumstances, discharges from the hospital mentioned by the Honourable
Member may require an authorisation or permit from the Spanish Authorities in line with Community
environmental legislation.

As regards drinking water supplied in this area, it must be in conformity with Council Directive 98/83/EC
of 3 November 1998 on the quality of water intended for human consumption, provided that none of the
exemptions set out in Article 3 of this Directive are applicable. This Directive sets specific standards for
drinking water, including zero presence of E-coli bacteria.

As regards Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (1),
Member States are obliged to ensure that all agglomerations with more than 2 000 population equivalents
(p.e (cid:1) the organic pollution measuring unit representing the average pollution produced per person per
day) are provided with urban waste water collection and treatment systems. Smaller agglomerations shall
be subject to appropriate treatment if the waste water is collected. According to the information available,
the size of the agglomeration of Serra in terms of population equivalents is below 2 000 p.e. and therefore
this agglomeration is not covered by the obligation of Directive 91/271/EEC.

Urban waste-water may contain substances (such as phosphorous and heavy metals) which can be found
in List II of Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against
pollution caused by certain dangerous substances.

Directive 80/68/EEC requires the prior investigation and authorisation of pollutant discharges or waste
disposal likely to lead to discharges to groundwater (Article 5). There are related obligations concerning the
content of investigations and authorizations, monitoring and the keeping of inventories (Articles 7-16).

Consequently, the Commission will request information from the Spanish authorities to further assess the
case and consider the necessary steps to be taken.

(1) OJ L 135, 30.5.1991, as amended by Commission Directive 98/15/EC of 27 February 1998.

(2004/C 88 E/0232)

WRITTEN QUESTION E-0801/04

by Monica Frassoni (Verts/ALE) to the Commission

(11 March 2004)

Subject: Exceptional hunting and wild bird conservation (cid:1) Sardinia

On 13 February 2004 the Autonomous Region of Sardinia adopted Law No 2, which allows ‘exceptional
hunting’ as referred to in Article 9 of Directive 79/409/EEC (1), a system established in Italy in 2002 under
Law No 221. The subsequent Order No 3/V, issued on 18 February 2004 by the Member of the Regional
Executive responsible for environmental protection, authorised exceptional hunting of the Spanish sparrow
(Passer hispaniolensis), the tree sparrow (Passer montanus), the starling (Sturnis vulgaris), the song thrush
(Turdus philomelos), and the redwing (Turdus iliacus) on 21, 22, 26, and 29 February 2004, thus affording
an opportunity for Sardinian hunters, of whom there are about 50 000, to bag possibly as many as
6 000 000 birds.

8.4.2004

EN

Official Journal of the European Union

C 88 E/229

The exceptional hunting has been started at the request of the Member of the Regional Executive
responsible for agriculture and agricultural and stockbreeding reform (note of 13 February 2004 (number
in register 296/Gab.)) on account of supposed damage to crops, namely the non-existent ‘invasions’ by
thrushes, sparrows, and starlings.

The Sardinian regional Law No 2/2004 appears to contravene Directives 79/409/EEC, 85/411/EEC (2), and
91/244/EEC (3) because it allows exceptional hunting of all
‘warm-blooded fauna species’ without
distinction and is not based on any expert scientific opinion from recognised specialist institutes.

Executive Order No 3/V of 18 February 2004 appears to constitute an even more serious infringement of
Community legislation because it authorised exceptional hunting in spite of the fact that no alternative
solution had been tried and the alleged crop damage had not been proved. Furthermore, the bird species
concerned had already been hunted during the normal hunting season that had just ended (and the
Autonomous Region of Sardinia seems to be aiming in reality only to prolong the hunting season);
the bagging permitted was on a scale anything but modest and marginal, and coincided with the height of
the migration period before the mating and breeding season; and the entire situation manifestly flouted the
case law of the Court of Justice (see judgments handed down on 16 October 2003, Case C-182/02;
7 December 2000, Case C-38/99; 19 January 1994, Case C-435/92; and 17 January 1991, Case C-157/89).

the Earth, Gruppo
Environmentalist organisations (Lega per
d’Intervento Giuridico, Movimento U.N.A, and L.A.V.) have reported the matter to the national and
Community authorities (notes of 13 and 20 February 2004).

l’Abolizione della Caccia, Friends of

Is the Commission aware of the above facts?

Has it ascertained that the wild bird conservation legislation is being observed?

Will it take the appropriate steps?

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 233, 30.8.1985, p. 33.
(3) OJ L 115, 8.5.1991, p. 41.

Answer given by Mrs Wallström on behalf of the Commission

(23 April 2004)

The Commission has already registered a complaint on the hunting legislation of Regione Sardinia
mentioned by the Honourable Member, for possible bad application of Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds as amended by Commission Directive 91/244/EEC of
6 March 1991.

The information given by the Honourable Member has been added to the complaint file which is under
assessment by the Commission.

Should the Commission conclude that Community law is being breached in the case in question, 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.

(2004/C 88 E/0233)

WRITTEN QUESTION E-0808/04

by Erik Meijer (GUE/NGL) to the Commission

(15 March 2004)

Subject: Guarantees, with a view to enjoying equal rights, for persons who have suffered discrimination or

neglect in the appraisal of qualifications obtained in other Member States

1.
Given the circumstances described in my questions concerning the invalidity of a civil aviation pilot’s
licence if use is made of it in another Member State or after revision of the rules governing Air Transport
Pilot Licences, what is the EU doing to ensure that qualifications obtained in one Member State are
recognised with a view to being able to engage in the same occupation in another?