91997E3779

WRITTEN QUESTION E-3779/97 by Gianni Tamino (V) to the Commission (21 November 1997)

Subject: Regional derogation from national hunting law and its incompatibility with Community rules

On 5 November 1997 the Lazio Regional Executive in Italy adopted a decree derogating from the national law on hunting, thereby making it permissible to hunt protected species such as the Italian sparrow and starlings.

Does this regional legislation conform to the European Directives on conservation of wild and hunted species, in particular Directive 92/43/EEC ((OJ L 73, 14.3.1997, p. 5. ))?

If the answer is no, does not the Commission believe that it should institute infringement proceedings?

Answer given by Mrs Bjerregaard on behalf of the Commission (7 January 1998)

An infringement procedure is already under way against Italy concerning in particular the transposition of the derogation provided by Article 9 of the Directive 79/409/EEC on the conservation of wild birds ((OJ L 103, 25.4.1979. )).

Since the Commission aims to ensure an effective compliance with Community law of the internal laws of Member States at every level, this infringement procedure involves also the aspect of the competence of regions in implementing Community law in Italy and their obligation to comply with it. The Commission would be grateful if the Honourable Member would transmit the text approved by the Giunta Regionale del Lazio to which the question makes reference. In any case the Commission will request information on the subject matter from the Italian authorities.