92003E0183

WRITTEN QUESTION P-0183/03

by Jean-Louis Bernié (EDD) to the Commission

(24 January 2003)

Subject: Derogations concerning migratory birds

In the accession negotiations now under way the Commission has reportedly granted Malta derogations concerning the spring hunting of migratory birds.

Is this true?

If so, on what terms have the derogations been granted?

Has France sought derogations concerning the hunting of migratory birds?

If so, what derogations are they and when can it hope to obtain them?

Answer given by Mr Verheugen on behalf of the Commission

(14 February 2003)

The implementation of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(1), hereafter referred to as the Birds Directive, has been negotiated in the framework of the accession negotiations on the environment chapter with Malta. As regards spring hunting of migratory birds, it has been agreed that Malta will fully implement, as from accession, the relevant parts of the Directive. However, Article 9 of this Directive allows for exceptions under certain very stringent conditions. If Malta wishes to allow spring hunting, it would need to ensure that all the requirements of Article 9 are met and that any permitted hunting is carried out under strictly supervised conditions and limited to small numbers only. Furthermore, the use of Article 9 is subject to monitoring by the Commission and Malta is committed, where it chooses recourse to this Article, to report each year on its possible use.

Therefore, bird hunting in Malta can, as from accession, only take place within the limits provided for by the Directive.

As regards the questions of the Honourable Member whether France has sought derogations concerning the hunting of migratory birds, it should be recalled that Member States do not have to seek derogations concerning hunting of protected birds. However, for the fixing of hunting seasons, France has based its legislation on the provisions of Article 7(4) of the Birds Directive rather than making use of Article 9 to derogate from the hunting provisions of Article 7 of the Birds Directive.

However, in France's decree No 2000-754, Article 2 introduces the possibility to extend the period of capture, keeping or other judicious use of certain birds in small numbers. In its ruling, the French Conseil d'Etat did not come to a conclusion about the legality of Article 2 of decree No 2000-754. It considered that an answer to this question is contingent on knowing if it is possible to use Article 9(1)(c) of the Birds Directive to derogate in relation to hunting, and especially to proposed extensions of hunting seasons.

This is why the French Conseil d'Etat, in January 2002, has referred several questions to the European Court of Justice regarding interpretation of the possible use of derogations for hunting. Further clarification is likely only when the Court of Justice pronounces on a recent preliminary reference from the French Conseil d'Etat.

(1) OJ L 103, 25.4.1979.