WRITTEN QUESTION E-2589/99 by Richard Corbett (PSE) to the Commission. Updating of driving licences.
8. 8. 2000 EN Official Journal of the European Communities C 225 E/177 Is the Commission aware of this fact? If so, what measures has the Commission taken or will it take to ensure transposition of Directive 79/409/ EEC in Italy? Is the Commission considering instituting proceedings for infringement of the Treaty against Italy? (1) OJ L 103, 25. 4. 1979, p. 1. Answer given by Mrs Wallström on behalf of the Commission (24 January 2000) Council Directive 79/409/EEC on the conservation of wild birds has been transposed in Italy by law no 157 of 11 February 1992 on the protection of warm-blooded wild animals and on hunting. This is a framework law laying down the principles on the basis of which the regions adopt detailed rules. Under Article 13 of that law, hunters may use only shotguns, bows and arrows or falcons. Any hunting methods or weapons not expressly authorised in that Article are banned. Article 21 reinforces the ban by specifying which activities and methods are prohibited, including hunting with nets. As for the wild bird species, only those listed in Annex II of the Directive can be hunted under the above mentioned Italian legislation. Therefore, the capture of protected wild bird species and the use of nets are generally prohibited in Italy. However, the system of wild bird protection set out in the Directive allows for some derogations. Article 9 of the Directive lists the requirements and conditions under which derogations to the provisions of the Directive are allowed. The Commission is aware that these conditions are not fully respected by the Italian legislation. The way of implementing the above mentioned derogation regime of the Directive in Italy does not comply with the provisions of Article 9 of the Directive. In the light of that, the Commission decided in 1998 to bring the matter before the Court of justice. The Commission had considered that Italy had failed to ensure respect for all conditions of the regime in certain situations where derogations are invoked and to correctly regulate the capture of three wild bird species for use as decoys. The case is now pending before the Court. (2000/C 225 E/195) WRITTEN QUESTION E-2589/99 by Richard Corbett (PSE) to the Commission (11 January 2000) Subject: Updating of driving licences As it is no longer necessary to exchange driving licences when moving to a new Member State, which national authorities are now responsible for any necessary updating (e. g. change of address on the licence)? Is the Commission aware that problems have arisen because of the country of residenceís claiming that this is a question for the Member State of origin, whereas the Member State of origin says that this is a matter for the new country of residence? If so, what does the Commission advise? Answer given by Mrs de Palacio on behalf of the Commission (31 January 2000) Council Directive 91/439/EEC of 29 July 1991 on driving licences (1) establishes exclusive legal compe- tence of the Member State of normal residence in case of replacement and renewal of licences, in case of application of national provisions of criminal and police laws and in case of voluntary exchange of the licence. Furthermore Directive 91/439/EEC foresees that a Member State of normal residence may apply its national rules on the period of validity of licences on all licence holders on its territory. C 225 E/178 Official Journal of the European Communities EN 8. 8. 2000 Only the Member State of normal residence may conduct all administrative proceedings concerning the competence mentioned above, thus including updating the licence on possible changes of address. The issuing Member State loses its competence on driving licence issues, by the time the driver establishes normal residence in another Member State and the host Member State is responsible for any national administrative provisions it applies to the driver taking up normal residence in its territory. (1) OJ L 237, 24. 8. 1991. (2000/C 225 E/196) WRITTEN QUESTION E-2591/99 by Daniel Hannan (PPE-DE) to the Commission (11 January 2000) Subject: Withholding of the Schengen acquis There has been a degree of concern in certain quarters at Westminster that the United Kingdom has opted into elements of the Schengen Accord without full knowledge of the whole of the acquis and certainly before being able to deposit that acquis coherently in the House of Commons Library. Can the Commission identify those elements of the acquis which have not been released to date, as they retain their security grading status and remain restricted documents? Answer given by Mr Vitorino on behalf of the Commission (31 January 2000) As far as the Commission knows, the United Kingdom has received the full texts of all the elements of the Schengen acquis which have been incorporated into the Union framework. Article 1§ 2 of Council Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining, the EC and EU Treaties, the legal basis for each of the provisions or decisions which constitute the acquis (1) stipulates that the Schengen acquis is to be published in the Official Journal with the exception of áthose provisions which at the time of the adoption of this Decision are classified as íconfidentialá by the Schengen Executive the Schengen acquis were thus incorporated into the Union Committeeí. The various elements of framework with the security grading assigned to them by the Executive Committee. This grading is binding on all Member States. in conformity with the relevant provisions of (1) OJ L 176, 10. 7. 1999. (2000/C 225 E/197) WRITTEN QUESTION E-2592/99 by Daniel Hannan (PPE-DE) to the Commission (11 January 2000) Subject: Commissionersí interests The Commissionís website lists the declared interests of the last Commission. When will the updated list be published in readily-accessible form? Will all Commissioners contribute fully?