Directive 2008/102/EC of the European Parliament and of the Council of 19 November 2008 amending Council Directive 79/409/EEC on the conservation of wild birds, as regards the implementing powers conferred on the Commission
Date: 2008-11-19
Institutions: Council of the European Union, European Parliament
Subjects: European Commission, bird, drafting of EU law, environmental protection, power of implementation, powers of the institutions (EU), protection of animal life

3.12.2008

EN

Official Journal of the European Union

L 323/31

DIRECTIVES

DIRECTIVE 2008/102/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 19 November 2008

amending Council Directive 79/409/EEC on the conservation of wild birds, as regards the
implementing powers conferred on the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

Having regard to the Treaty
Community, and in particular Article 175(1) thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

(3)

(4)

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Decision 1999/468/EC has been amended by Council
Decision 2006/512/EC (5), which was introduced the
regulatory procedure with scrutiny for the adoption of
measures of general scope and was designed to amend
non-essential elements of a basic instrument adopted in
accordance with the procedure referred to in Article 251
those
of
elements or by supplementing the instrument with new
non-essential elements.

inter alia, by deleting some of

the Treaty,

and

the Council

In accordance with the statement by the European
the Commission (6)
Parliament,
for the regulatory
concerning Decision 2006/512/EC,
procedure with scrutiny to be applicable to instruments
adopted in accordance with the procedure laid down in
Article 251 of the Treaty which are already in force,
those instruments must be adjusted in accordance with
the applicable procedures.

The Commission should be empowered in particular to
amend certain annexes to Directive 79/409/EEC in the
light of scientific and technical progress. Since those
measures are of general scope and are designed to
amend non-essential elements of Directive 79/409/EEC,
inter alia, by supplementing it with new non-essential
elements, they must be adopted in accordance with the
regulatory procedure with scrutiny provided for
in
Article 5a of Decision 1999/468/EC.

Whereas:

(1)

Council Directive 79/409/EEC (3) provides that certain
measures are to be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (4).

(1) OJ C 211, 19.8.2008, p. 46.
(2) Opinion of

published in the Official
27 October 2008.

the European Parliament of 8 July 2008 (not yet
and Council Decision of

Journal)

(5)

Directive 79/409/EEC should therefore be amended
accordingly.

(6)

Since the amendments made to Directive 79/409/EEC by
this Directive are technical
in nature and concern
they do not need to be
committee procedure only,
transposed by the Member States.
is therefore not
necessary to lay down provisions to that effect,

It

(3) OJ L 103, 25.4.1979, p. 1.
(4) OJ L 184, 17.7.1999, p. 23.

(5) OJ L 200, 22.7.2006, p. 11.
(6) OJ C 255, 21.10.2006, p. 1.

L 323/32

EN

Official Journal of the European Union

3.12.2008

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 79/409/EEC is hereby amended as follows:

1. Article 15 shall be replaced by the following:

‘Article 15

and scientific progress

Such amendments as are necessary for adapting Annexes I
and V to technical
and the
amendments referred to in the second subparagraph of
Article 6(4) shall be adopted. Those measures, designed to
this Directive, shall be
amend non-essential elements of
adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 17(2).’;

2. Article 17 shall be replaced by the following:

‘Article 17

The Commission shall be assisted by the Committee

1.
for Adaptation to Technical and Scientific Progress.

reference

paragraph,
is made
2. Where
Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8
thereof.’.

this

to

Article 2

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 3

This Directive is addressed to the Member States.

Done at Strasbourg, 19 November 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J.-P. JOUYET