WRITTEN QUESTION No. 3975/97 by Josu IMAZ SAN MIGUEL to the Commission. Spanish hunting law
C 223/38 EN Official Journal of the European Communities 17. 7. 98 Answer given by Mrs Bjerregaard on behalf of the Commission (14 January 1998) The Commission, as the Honourable Member states, has been informed about the issue by a 1. to 4. complaint. The information as provided for by the complainant has been assessed by the Commission. Given that this information was not sufficient to state an infringement at this stage, the Commission invited the complainant to put forward the still needed information. No reply has been received so far. It is worth noting that the same issue has been put forward to the attention of the Commission by two other 5. complainants which have also been invited to give further information on the case. Apart of this, the Commission is not aware of similar cases related to golf courses and their impact on Community law concerning nature conservation. (98/C 223/41) WRITTEN QUESTION P-3975/97 by Josu Imaz San Miguel (PPE) to the Commission (9 December 1997) Subject: Spanish hunting law Does the Commission believe that European Directive 79/409/EEC (1) provides for possible derogations to Article 7(4) as regards the hunting of birds returning to their rearing grounds? Does the Commission think that the derogation referred to in Article 9(1)(c) of the said Directive applies to Article 7(4)? Can a Member State, in its own national legislation, apply such a derogation from Article 7(4), under conditions more restrictive than those envisaged by the Community Directive itself? Insofar as the amendment of Spainís Law 4/89 does just that does the Commission believe that the Spanish derogation is in accordance with the provisions of Directive 79/409? (1) OJ L 103, 25. 4. 1979, p. 1. Answer given by Mrs Bjerregaard on behalf of the Commission (9 January 1998) The Honourable Member refers to the provisions of Spanish law 40/1997, of 6 November 1997, published in the Spanish official journal No 266 of 6 November 1997, modifying law 4/1989 on the conservation of habitats and wild fauna and flora. Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, covers the protection, management and control of these species and lays down rules for their exploitation. This protection regime is strict concerning migratory birds. Article 7 (4) of the Directives states: á(. ) In the case of migratory species, they shall see in particular that the species to which hunting regulations apply are not hunted during their period of reproduction or during their return to their rearing grounds, Member States shall send the Commission all relevant information on the practical application of their hunting regulationsí. However, derogations from Article 7. 4 are possible, provided they comply with the conditions of Article 9 of the Directive. The Commission has examined the above mentioned Spanish law and has considered it to be compatible with the provisions of Council Directive 79/409/EEC on the conservation of wild birds, since derogations to the general prohibition of hunting migrant birds set out in Article 7. 4 of the Directive to be granted under this law must comply with the conditions set out in Article 9 of the Directive