TO AN UNCERTAIN AND AMBIGUOUS LEGAL SITUATION BY ALLOWING THE LIST OF BIRDS WHICH MAY BE HUNTED AND KEPT TO BE CHANGED AS AND WHEN THE COMPETENT ADMINISTRATION CONSIDERS FIT . THE GENERAL AND PERMANENT RULES LAID DOWN IN THE DECREES DO NOT GUARANTEE THAT THE NUMBER OF BIRDS WHICH MAY BE CAPTURED IS LIMITED TO SMALL QUANTITIES, THAT THE PERIOD DURING WHICH THEIR CAPTURE IS ALLOWED DOES NOT COINCIDE WITH PERIODS IN WHICH THE DIRECTIVE SEEKS TO PROVIDE PARTICULAR PROTECTION FOR BIRDS ( THE NESTING PERIOD AND THE VARIOUS STAGES OF BREEDING AND REARING ) OR THAT CAPTURE AND KEEPING ARE RESTRICTED TO CASES IN WHICH THERE IS NO OTHER SATISFACTORY SOLUTION, IN PARTICULAR THE POSSIBILITY THAT THE BIRD SPECIES CONCERNED MAY REPRODUCE IN CAPTIVITY . THE CRITERIA AND CONDITIONS LAID DOWN IN ARTICLE 9 OF THE DIRECTIVE ARE NOT THEREFORE FULLY TRANSPOSED INTO THE RULES CONCERNED . CONSEQUENTLY, THE BELGIAN GOVERNMENT MAY NOT RELY ON ARTICLE 9 ( 1 ) ( C ) OF THE DIRECTIVE .
42 AS REGARDS THE ARGUMENT OF THE BELGIAN GOVERNMENT BASED ON ARTICLE 2 OF THE DIRECTIVE, IT MUST BE RECALLED, AS HAS ALREADY BEEN POINTED OUT, THAT THIS PROVISION DOES NOT AUTHORIZE THE MEMBER STATES TO DEROGATE FROM THE REQUIREMENTS OF THE DIRECTIVE .
43 THE FIFTH COMPLAINT MUST THEREFORE BE CONSIDERED WELL FOUNDED .
SIXTH COMPLAINT : THE TRANSPORT OF BIRDS
44 THE COMMISSION MAINTAINS THAT ARTICLE 7 OF THE ROYAL DECREES ALLOWS BIRDS BELONGING TO THE SPECIES SPECIFIED IN ANNEXES 2 AND 3 TO THE DECREES TO BE TRANSPORTED PROVIDED THAT CERTAIN CONDITIONS ARE FULFILLED . SINCE BIRDS CANNOT BE TRANSPORTED WITHOUT BEING KEPT, THE SPECIES OF BIRDS LISTED IN THE ANNEXES TO THE DECREES OUGHT TO CORRESPOND, IN ACCORDANCE WITH ARTICLES 5 ( E ) AND 6 ( 1 ) OF THE DIRECTIVE, TO THE SPECIES LISTED IN ANNEX III TO THE DIRECTIVE . HOWEVER, THIS IS NOT THE CASE FOR ANY OF THE SPECIES IN QUESTION .
45 THE BELGIAN GOVERNMENT MAINTAINS THAT THIS COMPLAINT APPLIES ONLY TO THE REGIONS OF WALLONIA AND BRUSSELS . AS REGARDS THE SUBSTANCE OF THE COMPLAINT, IT OBSERVES THAT IN SO FAR AS THE CAPTURE AND KEEPING OF CERTAIN SPECIES IS AUTHORIZED UNDER ARTICLE 9 ( 1 ) ( C ) OF THE DIRECTIVE THE TRANSPORT OF THOSE SPECIES IS ALSO AUTHORIZED .
46 AS REGARDS THE QUESTION WHETHER THE COMPLAINT ALSO APPLIES TO THE FLEMISH REGION WHICH THE COMMISSION MAINTAINED AT THE HEARING, IT MUST BE STATED THAT THIS QUESTION IS IRRELEVANT SINCE IT UNDOUBTEDLY APPLIES TO THE RULES IN FORCE IN THE REGIONS OF WALLONIA AND BRUSSELS AND THE COMPLAINT IS DIRECTED AGAINST THE KINGDOM OF BELGIUM WHICH IS RESPONSIBLE FOR ENSURING THAT ALL ITS NATIONAL RULES ARE IN CONFORMITY WITH COMMUNITY LAW .
47 AS ALREADY STATED ABOVE, THE LIST OF BIRDS SPECIFIED IN ANNEXES 2 AND 3 TO THE ROYAL DECREES DOES NOT CORRESPOND TO THE LIST OF BIRDS APPEARING IN ANNEX III TO THE DIRECTIVE .