Court finds Italy violates wild birds directive
Date: 22-May-01
Country: LUXEMBOURG
The Birds Directive relates to the conservation of all species of naturally occurring birds in the wild; it covers the protection, management and control of those species and lays down rules for their exploitation.
Before the directive was adopted, the sparrow and starling were still being captured for the supply of live decoys for hunting from a hide.
Although Italy did adopt an administrative circular which excluded the relevant birds from being hunted and captured it did not, according to the European Commission's complaint, create a binding legal deterrent.
"According to the case law of the Court of Justice, a circular is not sufficient fully to satisfy the requirement of legal certainty," the court noted.
Under Italian law, sparrows and starlings could be hunted and captured, but under the circular they could not.
"Neither the regional or local authorities nor hunters may deduce with certainty from those two texts which birds may be hunted and at what time," the court said.
The court found the Commission's complaint well founded and said Italy had not fulfilled its requirements under the European legislation to ban the hunting and keeping of sparrows and starlings.
****
EXCERPT FROM THE JUDGMENT - From the ECJ web site
Case C-159/99,
Commission of the European Communities, applicant,
v
Italian Republic, defendant,
APPLICATION for a declaration that:
- by laying down rules permitting the capture and keeping of three species (Passer italiae, Passer montanus and Sturnus vulgaris), contrary to Articles 5 and 7 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) and Annex II thereto, and by providing that those rules are to apply by way of a general and permanent derogation, which is contrary to Article 9 of that Directive and engenders an unacceptable degree of legal uncertainty; and
- by laying down rules concerning the conditions and detailed rules for the application of the derogation from the prohibitions laid down by Directive 79/409 which do not fully comply with the requirements under Article 9 thereof, in particular as regards the reasons for derogation, listed in Article 9(1)(a) and (b), the Italian Republic has failed to fulfil its obligations under Community law.
***
THE COURT hereby:
1.Declares that, by laying down rules permitting the capture and keeping of the species Passer italiae, Passer montanus and Sturnus vulgaris, contrary to the combined provisions of Articles 5 and 7 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and Annex II thereto, the Italian Republic has failed to fulfil its obligations under that directive;
2.Dismisses the remainder of the application;
3.Orders each of the parties to bear its own costs. REUTERS EAG.
