91998E0646

WRITTEN QUESTION E-0646/98

by Monica Baldi (PPE) to the Commission

(9 March 1998)

Subject: Species that may be hunted

The species listed in Annex II to Directive 79/409/EEC(1) of 2 April 1979 may be hunted under the legislation of the Member State.

The species listed in Annex II/2 however may be hunted only in the Member State in which they are mentioned. Starlings are included in Annex II/2 for all the Union's Mediterranean countries except Italy.

In a letter dated 6 August 1997 (ref. 23.035) the Ministry for agricultural policies requested that hunting be authorized for species excluded from the list of those that can be hunted under Article 18 of Law No 157 of 11 February 1992. The National institute for wild fauna gave its assent, taking account of the satisfactory level of conservation, the widespread distribution and migratory tendency and the estimates and damage caused to crops.

1. What urgent measures does the Commission intend to take to accede to Italy's request that starlings be included in Annex II/2?

2. What initiatives does it intend to take in order to grant a general system of derogation for the purpose of containing the damage caused to agriculture until adoption of the amended request?

Answer given by Mrs Bjerregaard on behalf of the Commission

(8 April 1998)

Annex II.2 of the "Birds" Directive 79/409/EEC was amended in 1994 to allow hunting of starlings (Sturnus vulgaris) in Greece, Spain, France and Portugal. During the discussions which led to the adoption of Directive 94/24/EEC of 8 June 1994 amending Annex II to Directive 79/409/EEC on the conservation of wild birds,(2) Italy made no request in this connection.

In order to include Italy in the list of countries in which starlings may be hunted, a further amendment would have to be made to Directive 79/409/EEC. However, in view of the fact that the directive has recently been amended again (Commission Directive 97/49/EEC of 29 July 1997 amending Council Directive 79/409/EEC on the conservation of wild birds(3)) to allow phalacrocorax carbo sinensis to be excluded and that Italy did not raise the case of starlings during these discussions, the Commission is not planning to propose further amendments in the immediate future.

It should be pointed out that, by way of derogation and under strictly determined conditions, Article 9 of Directive 79/409/EEC allows species not listed in Annex II to the Directive to be hunted. The application of this derogation is a matter for the individual Member State. However, the Commission ensures that the conditions for the application of the derogation have been met in each case and that the consequences of such a derogation are not incompatible with the Directive.

(1) OJ L 103, 25.4.1979, p. 1.

(2) OJ L 164, 30.6.1994.

(3) OJ L 223, 13.8.1997.