COMPLAINT : FAILURE TO IMPLEMENT ARTICLE 7 ( 4 ) OF THE DIRECTIVE
AT THE HEARING THE COMMISSION ALSO INDICATED THAT THE COMPLAINT RELATING TO THE HUNTING OF TURTLE-DOVES IN THE MEDOC REGION NO LONGER FORMED PART OF THE SUBJECT-MATTER OF ITS ACTION . THE COMMISSION HAS ACCEPTED THAT A JUDGMENT OF THE CONSEIL D' ETAT ANNULLING A NUMBER OF DECREES AUTHORIZING THE HUNTING OF TURTLE-DOVES IN THE MEDOC REGION HAS BROUGHT THE RELEVANT NATIONAL RULES INTO CONFORMITY WITH THE REQUIREMENTS OF THE DIRECTIVE . SINCE THAT JUDGMENT OF THE CONSEIL D' ETAT WAS GIVEN ON 7 DECEMBER 1984, THAT IS TO SAY BEFORE THE DELIVERY OF THE REASONED OPINION ON 20 FEBRUARY 1985, IT MUST BE HELD THAT BY ITS PARTIAL DISCONTINUANCE THE COMMISSION HAS ACKNOWLEDGED THAT ITS FIFTH COMPLAINT WAS UNFOUNDED .
SIXTH COMPLAINT : FAILURE TO COMPLY WITH ARTICLE 8 ( 1 ) OF THE DIRECTIVE
THE COMMISSION POINTS OUT THAT, AS REGARDS CERTAIN FRENCH DEPARTEMENTS, THE DECREE OF 27 JULY 1982 AUTHORIZES THE USE OF LIMES FOR THE CAPTURE OF THRUSHES AND THAT THE DECREES OF 7 SEPTEMBER 1982 AND 15 OCTOBER 1982 ALLOW THE CAPTURE OF SKYLARKS BY MEANS OF HORIZONTAL NETS KNOWN AS "PANTES" OR "MATOLES ". HOWEVER, THE USE OF LIMES AND HORIZONTAL NETS IS EXPRESSLY FORBIDDEN BY ARTICLE 8 ( 1 ) OF THE DIRECTIVE IN CONJUNCTION WITH ANNEX IV ( A ) THERETO .
THE COMMISSION TAKES THE VIEW THAT THE USE OF LIMES AND HORIZONTAL NETS CANNOT BE JUSTIFIED ON THE BASIS OF ARTICLE 9 ( 1 ) ( C ) OF THE DIRECTIVE SINCE THOSE MEANS OF CAPTURE DO NOT CONSTITUTE SELECTIVE METHODS AND DO NOT THEREFORE ALLOW "JUDICIOUS USE OF CERTAIN BIRDS IN SMALL NUMBERS" WITHIN THE MEANING OF THE DIRECTIVE .
THE FRENCH GOVERNMENT CONSIDERS THAT THOSE MEASURES, WHICH WERE NOTIFIED TO THE COMMISSION ON 25 MAY 1983, ARE JUSTIFIED UNDER ARTICLE 9 ( 1 ) ( C ) OF THE DIRECTIVE BECAUSE SUCH CAPTURE IS SUBJECT TO STRICT TERRITORIAL, TEMPORAL AND PERSONAL CONTROLS IN ORDER TO GUARANTEE THE SELECTIVE NATURE OF THE CAPTURE .
THE FRENCH GOVERNMENT CONTENDS THAT THE CAPTURE OF BIRDS WITH LIMES AND HORIZONTAL NETS IS SUBJECT TO AN EXTREMELY STRICT AND CONTROLLED SYSTEM OF INDIVIDUAL AUTHORIZATIONS . THE DECREES IN QUESTION DO NOT MERELY SPECIFY THE PLACES WHERE AND THE PERIOD WHEN SUCH CAPTURE IS PERMITTED BUT ALSO LIMIT THE NUMBER AND THE SURFACE AREA OF THE MEANS OF CAPTURE AS WELL AS THE MAXIMUM NUMBER OF BIRDS WHICH MAY BE CAPTURED . FURTHERMORE, THE COMPETENT AUTHORITIES ENSURE THAT THOSE CONDITIONS APPLYING TO SUCH CAPTURE ARE COMPLIED WITH .
IT MUST BE OBSERVED AT THE OUTSET THAT UNDER ARTICLE 9 OF THE DIRECTIVE, IN PARTICULAR ON THE BASIS OF ARTICLE 9 ( 1 ) ( C ), MEMBER STATES ARE AUTHORIZED TO PROVIDE FOR DEROGATIONS FROM THE PROHIBITIONS SET OUT IN ARTICLE 8 ( 1 ) OF THE DIRECTIVE .
IN ORDER TO ESTABLISH WHETHER NATIONAL LEGISLATION COMPLIES WITH THE VARIOUS CRITERIA