Hunting in derogation: the amendments to Law 157/92, in force as of 4 September 2013, in compliance with EU legislation.
On August 20, the amendments to law 157/92 (article 19 bis) recently approved by Parliament with compliance with EU laws were published in the Official Gazette; in particular, the provisions are contained in article 26 of the law “Provisions for the fulfillment of the obligations deriving from Italy's membership of the European Union - European law 2013”. The changes in question concerning hunting in derogation will come into force as early as 4 September 2013.
Below is the full text of the amendments to Law 157/92:
"
Art 26
Amendments to the law 11 February 1992, n. 157, containing rules for the protection of homeothermic wildlife and for hunting. Infringement procedure 2006/2131.
1. In article 1 of law no. 11, and subsequent amendments, the following amendments are made:
a) in paragraph 5, the following words are added to the first sentence: ", taking into account the provisions of article 2, and in compliance with articles 3 and 4 of directive 2009/147 / EC" and the second sentence is deleted;
b) after paragraph 7 the following is inserted: «7.1. The Ministry of the Environment and the Protection of the Territory and the Sea periodically transmits to the European Commission all the information useful for the latter on the practical application of this law and other regulations in force on the subject, limited to the provisions of Directive 2009/147 / EC. ".
2. Article 19-bis of law no. 11, is replaced by the following:
"Art. 19-bis (Exercise of the exceptions provided for by Article 9 of Directive 2009/147 / EC). - 1. The regions regulate the exercise of the exceptions provided for by Directive 2009/147 / EC of the European Parliament and of the Council of 30 November 2009, in compliance with the provisions of Article 9, the principles and purposes of Articles 1 and 2 of the same directive and the provisions of this law.
2. The exceptions can be arranged by the regions and autonomous provinces, with an administrative act, only in the absence of other satisfactory solutions, by way of exception and for limited periods. The exceptions must be justified by a detailed analysis of the conditions and conditions and must mention the assessment of the absence of other satisfactory solutions, the species involved, the authorized means, plants and sampling methods, the risk conditions , the circumstances of time and place of collection, the number of items that can be collected daily and overall during the period, the controls and particular forms of supervision to which the collection is subject and the bodies in charge of the same, without prejudice to the provisions of the article 27, paragraph 2. The subjects authorized to withdraw by derogation are identified by the regions.
Without prejudice to the exceptions adopted pursuant to Article 9, paragraph 1, letter b) of Directive 2009/147 / EC, qualified persons are provided with a card on which the items subject to the derogation must be noted immediately after their recovery. . The regions provide for periodic verification systems in order to promptly suspend the derogation provision if it is ascertained that the number of animals authorized for collection or the purpose has been reached, on a date prior to that originally envisaged.
3. The exceptions referred to in paragraph 1 are adopted after hearing the ISPRA and cannot in any case concern species whose numerical consistency is seriously decreasing. The intention to adopt a derogation provision concerning migratory species must be communicated to ISPRA by April of each year, which expresses itself within and no later than forty days from receipt of the communication. For these species, the designation of the small quantity for derogations adopted pursuant to Article 9, paragraph 1, letter c), of Directive 2009/147 / EC is determined annually, at national level, by ISPRA. Within the limits established by ISPRA, the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano divides the number of animals that can be taken for each species among the regions concerned. The provisions referred to in the third and fourth sentences of this paragraph do not apply to the exceptions adopted pursuant to Article 9, paragraph 1, letter b) of Directive 2009/147 / EC.
4. The derogation provision, with the exception of those adopted pursuant to article 9, paragraph 1, letter b), of directive 2009/147 / EC, is published in the regional Official Bulletin at least sixty days before the date set for the 'start of collection activities. The publication is contextually communicated to the Ministry of the environment and the protection of the territory and the sea. Without prejudice to the urgent replacement power referred to in article 8, paragraph 4, of law no. 5, the President of the Council of Ministers, on the proposal of the Minister of the Environment and of the Protection of the Territory and the Sea, warns the region concerned to adapt, within fifteen days of receiving the warning itself, the derogation measures adopted in violation of the provisions of this law and directive 2003/131 / EC. Once this term has elapsed and having assessed any acts put in place by the region, the Council of Ministers, upon proposal of the Minister for the environment and for the protection of the territory and the sea, orders their cancellation.
5. The Regions, in exercising the exceptions referred to in Article 9, paragraph 1, letter a), of Directive 2009/147 / EC, shall, without prejudice to the temporary nature of the measures adopted, in compliance with the guidelines issued with decree of the President of the Republic, on the proposal of the Minister of the environment and of the protection of the territory and the sea, in agreement with the Minister of agricultural, food and forestry policies, in agreement with the Permanent Conference for relations between the State and the regions and the autonomous provinces of Trento and Bolzano.
6. By June 30 of each year, each region transmits to the President of the Council of Ministers or to the Minister for Regional Affairs, the Minister of the Environment and the Protection of the Territory and the Sea, the Minister of Agricultural, Food and Forestry Policies, to the Minister for European Affairs, as well as to ISPRA, a report on the implementation of the exceptions referred to in this article; said report is also sent to the competent parliamentary committees. If it appears from the report sent that the maximum number of animals that can be taken in a region has been exceeded as referred to in paragraph 3, fourth sentence, the same region is not admitted to the allotment in the following year. The Minister of the Environment and Land and Sea Protection annually transmits the report referred to in Article 9, paragraph 3 of Directive 2009/147 / EC to the European Commission ".
3. In article 31, paragraph 1, of law no. 11, after the letter m) the following is added:
"M-bis) pecuniary administrative sanction from € 150 to € 900 for those who do not make the annotations prescribed by the derogation provision referred to in article 19-bis on the regional card".
4. The implementation of this article must not result in new or greater burdens on public finance. The foreseen activities of the present article are catered for in the field of the human, financial and instrumental resources available to current legislation.
Notes to art. 26:
- The text of articles 1 and 31 of the law 11 February 1992, n. 157 (Rules for the protection of homeothermic wildlife and for hunting), published in the Official Gazette February 25, 1992, n. 46, SO; as amended by this law, it states:
"Art. 1 (Wildlife). - 1. Wildlife is an unavailable heritage of the State and is protected in the interest of the national and international community.
1-bis. The State, the regions and the autonomous provinces, without new or greater burdens for public finance, adopt the necessary measures to maintain or adapt the populations of all the bird species referred to in art. 1 of Directive 2009/147 / EC of the European Parliament and of the Council of 30 November 2009, at a level corresponding to ecological, scientific, tourist and cultural needs, taking into account economic and recreational needs and ensuring that the measures adopted do not cause a deterioration in the conservation status of birds and their habitats, without prejudice to the purposes set out in art. 9, paragraph 1, letter a), first and second indents, of the same directive.
2. The exercise of hunting is allowed as long as it does not conflict with the need for conservation of wild fauna and does not cause actual damage to agricultural production.
3. Regions with ordinary statute shall issue regulations relating to the management and protection of all species of wild fauna in compliance with this law, international conventions and community directives. The regions with special statute and the autonomous provinces provide on the basis of the exclusive competences within the limits established by the respective statutes. The provinces implement the regional regulations pursuant to art. 14, paragraph 1, letter f), of the law 8 June 1990, n. 142.
4. Directives 79/409 / EEC of the Council of 2 April 1979, 85/411 / EEC of the Commission of 25 July 1985 and 91/244 / EEC of the Commission of 6 March 1991, with their annexes, concerning the conservation of birds wild, are fully acknowledged and implemented in the ways and terms provided for by this law which also constitutes implementation of the Paris Convention of 18 October 1950, made executive by law 24 November 1978, n. 812, and of the Berne Convention of 19 September 1979, enforced by law of 5 August 1981, n. 503.
5. The regions and autonomous provinces in implementation of the aforementioned directives 79/409 / EEC, 85/411 / EEC and 91/244 / EEC shall establish along the avifauna migration routes, reported by the National Institute for Fauna wild as per art. 7 within four months from the date of entry into force of this law, protection areas aimed at the maintenance and arrangement, in compliance with ecological needs, of the habitats inside these areas and adjacent to them, will restore the destroyed biotopes and create biotopes, taking into account the provisions of art. 2, and in compliance with articles 3 and 4 of directive 2009/147 / EC. In the event of inaction of the regions and autonomous provinces for one year after the notification by the National Institute for Wildlife, the Minister of Agriculture and Forestry and the Minister of the Environment shall provide with substitute control, in agreement. .
5-bis. The regions and autonomous provinces adopt the conservation measures referred to in articles 4 and 6 of the regulation referred to in the decree of the President of the Republic 8 September 1997, n. 357, and subsequent amendments, as far as possible, also for habitats outside the special protection areas. The regions and autonomous provinces ensure the implementation of this paragraph within the human, financial and instrumental resources available under current legislation and without new or greater charges for public finance.
6. The regions and autonomous provinces send annually to the Minister of Agriculture and Forests and to the Minister of the Environment a report on the measures adopted pursuant to paragraph 5 and on their detectable effects.
7. Pursuant to art. 2 of the law 9 March 1989, n. 86, the Minister for the coordination of community policies, in agreement with the Minister of Agriculture and Forests and with the Minister of the Environment, verifies, with the collaboration of the regions and autonomous provinces and after consulting the National Wildlife-Hunting Technical Committee referred to in art. 8 and the National Institute for Wildlife, the state of compliance of this law and of the regional and provincial laws on the subject with the acts issued by the institutions of the European Communities aimed at the conservation of wildlife.
7.1 The Ministry of the Environment and the Protection of the Territory and the Sea periodically transmits to the European Commission all the information useful for the latter on the practical application of this law and other regulations on the subject in force, limited to the provisions of Directive 2009/147 / EC. .
7-ter. The State encourages the research, monitoring and work necessary for the protection, management and use of the population of all bird species referred to in art. 1 of the aforementioned Directive 2009/147 / EC, with particular attention to the topics listed in Annex V annexed to the same directive.
The Minister for European policies, in agreement with the competent Ministers, transmits to the European Commission all the information necessary for the coordination of research and work concerning the protection, management and use of the bird species referred to in this paragraph. The methods of transmission and type of the information that the regions are required to communicate. The implementation of this paragraph is carried out within the human, financial and instrumental resources available under current legislation and without new or greater charges for public finance "
"Art. 31 (Administrative sanctions). - 1. For violations of the provisions of this law and regional laws, unless the fact is provided for by law as a crime, the following administrative sanctions are applied:
a) administrative fine of € 206 € 1.239 for those who hunt in a form other than that chosen pursuant to art. 12, paragraph 5;
b) administrative sanction from € 103 to € 619 for those who hunt without having taken out an insurance policy; if the violation is committed again, the penalty is from € 206 to € 1.239;
c) administrative sanction from € 154 to € 929 for those who hunt without having paid the government or regional concession taxes; if the violation is committed again, the penalty is from € 258 to € 1.549;
d) administrative sanction from Euro 154 to Euro 929 for those who hunt without authorization in wildlife-hunting farms, in public or private breeding centers and in areas and districts intended for programmed hunting; if the violation is committed again, the penalty is from € 258 to € 1.549; in the event of a further violation, the penalty is from € 361 to € 2.169. The sanctions provided for in this letter are reduced by one third if the offense is committed by trespassing in an area or in a hunting area close to the authorized one; e) administrative sanction from € 103 to € 619 for those who hunt in prohibited areas not otherwise sanctioned; if the violation is committed again, the penalty is from € 258 to € 1.549;
f) administrative sanction from Euro 103 to Euro 619 for those who practice closed-end hunting, or in the case of violation of the provisions issued by the regions or autonomous provinces of Trento and Bolzano for the protection of agricultural crops; if the violation is committed again, the penalty is from € 258 to € 1.549;
g) administrative sanction from Euro 103 to Euro 619 for those who hunt in violation of the permitted times or shoot down, capture or hold finches in a number not exceeding five; if the violation is committed again, the penalty is from € 206 to € 1.239;
h) administrative sanction from Euro 154 to Euro 929 for those who make use of unauthorized recalls, or in violation of the provisions issued by the regions pursuant to art. 5, paragraph 1; if the violation is committed again, the penalty is € 258 to € 1.549;
i) administrative sanction from 77 to 464 euros for those who do not make the required notes on the regional card;
l) administrative sanction from 77 to 464 euros for each item, for those who import wildlife without the authorization referred to in art. 20, paragraph 2; the violation results in the revocation of any authorizations issued pursuant to art. 20 for other introductions;
m) administrative sanction from € 25 to € 154 for those who, despite having one, do not exhibit, if legitimately requested, the license, the insurance policy or the regional card; the sanction is applied to the minimum if the interested party exhibits the document within five days.
m-bis) pecuniary administrative sanction from € 150,00 to € 900,00 for those who do not make the annotations prescribed by the provision of derogation on the regional card pursuant to art. 19-bis.
2. Regional laws provide for sanctions for abuses and improper use of land tables.
3. The Regions provide for the suspension of the special card referred to in art. 12, paragraph 12, for particular infractions or violations of the regional rules on hunting.
4. The application of the laws and regulations for the discipline of weapons and in tax and customs matters remains unaffected.
5. In the cases provided for in this article, articles 624, 625 and 626 of the criminal code do not apply.
6. Although not otherwise provided for by this law, the provisions of law no. 24, and subsequent amendments. "
August 23th, 2013