25.4.79 Official Journal of the European Communities No L 103/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 2 April 1979 on the conservation of wild birds (79/409/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the Council declaration of 22 November 1973 on the programme of action of the European Communities on the environment (*) calls for specific action to protect birds, supplemented by the resolution of the Council of the European Communities and of the representatives of the Governments of the Member States meeting within the Council of 17 May 1977 on the continuation and implementation of a European Community policy and action programme on the environment (5); Whereas a large number of species of wild birds naturally occurring in the European territory of the (1) OJ No C 24, 1.2. 1977, p. 3; O] No C 201, 23.8. 1977, p- 2. (3) OJ No C 163, 11.7. 1977, p. 28. (®) OJ No C 152, 29.6.1977, p. 3. (*) OJ No C 112, 20. 12. 1973, p. 40. (%) OJ No C 139,13.6.1977,p. 1. Member States are declining in number, very rapidly in some cases; whereas this decline represents a serious threat to the conservation of the natural environment, particularly because of the biological balances threatened thereby; Whereas the species of wild birds naturally occurring in the European territory of the Member States are mainly migratory species; whereas such species constitute a common heritage and whereas effective bird protection is typically a trans-frontier environment problem entailing common responsibilities; Whereas the conditions of life for birds in Greenland are fundamentally different from those in the other regions of the European territory of the Member States on account of the general circumstances and in particular the climate, the low density of population and the exceptional size and geographical situation of the island; Whereas therefore this Directive should not apply to Greenland; ‘ Whereas the conservation of the species of wild birds naturally occurring in the European territory of the Member States is necessary to attain, within the operation of the common market, of the Community’s objectives regarding the improvement of living conditions, a harmonious development of economic activities throughout the Community and a continuous and balanced expansion, but the. necessary specific powers to act have not been provided for in the Treaty;