The Liguria Region has revoked the previous resolution which authorized hunting in derogation of the transfer in order not to incur the sanctions of the European Union.
With 23 votes in favor, 2 votes against (Lega Nord Liguria - Padania) the revocation of the resolution of the Regional Council - Legislative Assembly of Liguria 27 September 2011, n. 27 "hunting season 2011/2012: application of the derogation regime provided for by article 9, paragraph 1, letter c), of directive 2009/147 / EC of the European parliament and of the council of 30 November 2009 concerning the conservation of wild birds of the especially transfer ”, proposed by the President of the Assembly Rosario Monteleone to avoid European sanctions.
Rejected an amendment presented by Francesco Bruzzone (Northern Liguria-Padania League) who asked to suspend and not revoke the resolution. This provision revokes the possibility of hunting the starling, a species protected by European legislation, in Liguria.
This is a ruling to avoid sanctions after the communication from the European Commission of 24 November last, of the initiation of an infringement procedure against the Italian government, responsible for a double violation: failure to comply with a sentence of the European Court of Justice of 2008 concerning the regime of derogation from the ban on hunting protected species introduced by Liguria with the regional law of 31 October 2006, n. 36 (Activation of the derogation for the 2006/2007 hunting season pursuant to article 9 paragraph 1, letter a, third line of directive 79/409 / EEC on the conservation of wild birds); non-compliant application of the Community provisions governing the granting of derogation regimes to the general prohibition of hunting for protected species. The eventual sanction, which the Region could be required to face by way of compensation by the State, would amount to almost 10 million euros.
Carrying out the minority report, Francesco Bruzzone (Lega Nord Liguria - Padania) explained the reasons why he does not agree with the provision: "After discussing an entire legislature on hunting as an exception to the transfer, it was difficult to approve a resolution that it allowed it, thus accepting the possibility envisaged at Community and national level. The Council of State, the Presidency of the Council of Ministers and the TAR said that the resolution was correct: so why, in the face of this, does the European Commission ask for clarification? Other regions have legislated asking for many more exceptions, in Liguria we have limited ourselves to the transfer. This provision, on the other hand, limits itself to denying what the Regional Council has already decided on the hunting levy in derogation of the transfer. It is a contradictory political choice. It would have been much more appropriate to incorporate the indications of the European Commission and support the legitimacy of the act, as already supported by administrative decisions in the TAR and the Council of State. I will not change my political position on the subject and therefore I will support coherent initiatives as happens in other Italian regions that find themselves in the same Ligurian situation. It is difficult to make it clear that the "public interest of citizens" is to prohibit the hunt for starlings. Today the public interest is something else. There is no condemnation: the Commission writes that we need to clarify. If passed today, this resolution will represent the de profundis of the exceptions in this region. This is unacceptable not only for the practical consequences but also on a political level. Here you want to sleep on the floor so as not to risk falling out of bed. Rather we say that we want to make the choice not to hunt the starlings, but we do not claim to do so to defend the public interest ”.
Aldo Siri (Civic lists for President Biasotti) said: “I believe that the topics to be dealt with in the Regional Council must have greater depth, with all due respect for hunting. I thank the president for the initiative he has taken. We make a bad impression on all levels, it's time to stop it. I have nothing against hunters, to whom I recognize the commitment in the defense of the territory. I invite the legal office of the Region to evaluate the laws carefully, especially from the point of view of legitimacy ”.
“Bruzzone - said Nino Miceli (Pd) - has remained isolated and should meditate on the legitimacy of the choices you propose to the Council. Withdrawal is the most effective choice today; some of Bruzzone's considerations on the TAR and the Council of State are true, we were convinced that we had acted in full legitimacy, but after this the European Commission sent an infringement notice. We would not want Liguria to have to pay a fine of over 9 million euros. To give guarantees to the Region, we can make a proposal to the European Commission to transpose the observations to avoid sanctions. This battle can only be resolved legally ”. Miceli concluded by inviting the League to take responsibility.
Ezio Chiesa (Mixed Group) announced his abstention: “The reason for my abstention in the vote on the resolution on hunting in derogation was this: I knew that we would have committed an infringement. Action is needed towards the European Commission to ask for compliance with the decisions of Liguria. The right path is the one followed by Emilia and Tuscany: justify the derogation on the basis of agricultural damage. Furthermore, the Italian State has never retaliated against the Regions ”.
In favor of the revocation Franco Rocca (PDL) said: “We are not against hunting, but we want the legislation to be safe. We voted for the revocation to avoid the fine ”.
The commissioner for hunting Renata Briano said: “The European Community suggests a revocation, or a temporary suspension and then a revocation. To avoid sanctions it is preferable to proceed immediately with the revocation. I already have a draft defense of our provision, with which we ask for a meeting to restart the law. If there is an agreement on the text, we can send it to Brussels tomorrow ”.
Source: Albenga Corsara