OPEN LETTER

To the President of Romania, Mr. Klaus Iohannis                    

Your Excellency,

Natura2000 Coalition Romania kindly requests you to return to the Parliament, for revision, the draft bill for amending and completing Law 407/2006 on Hunting and the Protection of Hunting Stock - Pl-X no. 280/2013, adopted by the Chamber of Deputies on 25 February 2015 and forwarded for promulgation. This law brings serious damage to the property right guaranteed by Romania's Constitution and will automatically entail the  Infringement notice from the European Commission for breaching Directive 2009/147/CE on the conservation of wild birds.

The current version of the draft bill includes provisions which breach constitutional rights and the national legislation transposing European directives which are binding for Romania as EU member state, in three main areas:

1. Breaching the property right – by excluding land owners and land owner associations from the direct award of hunting stock management, and introducing the easement right for hunters for all properties within hunting areas.

2. Breaching the provisions of Emergency Ordinance 102/2010 for amending and completing Law 407/2006 on Hunting and the Protection of Hunting Stock, the aim of which was to regulate hunting seasons in response to the Infringement notice from the European Commission for Romania – by extending the legal hunting season for 5 species in Annex 1.

The EC notice is explained in the very foreword of the law which has just been amended:

”In accordance with Art. 258, first paragraph, of the Treaty on the Functioning of the European Union, the European Commission issued a reasoned opinion on a case of "infringement", regarding the fact that, by establishing some hunting periods which do not ensure a full protection regime, Romania failed to fulfil its obligations as provided in Art. 7 par. (4) of Directive 2009/147/CE of the European Parliament and the Council of 30 November 2009 on the conservation of wild birds (codified version). In these circumstances the European Commission invites Romania to take the necessary steps for complying with the reasoned opinion by 1 December 2010, under penalty of initiating the infringement procedure against Romania with significant consequences, both financial and administrative.”

3. Breaching the provisions of Governmental Emergency Ordinance 57/2007 on the regime of natural protected areas, conservation of natural habitats, of wild flora and fauna, approved, with amendments and additions by Law 49/2011, consolidated, which transposes the EU Habitat Directive – by removing the provisions for ensuring the management and assessment of species of hunting interest within natural protected areas, according to the biodiversity conservation priorities in these areas.

We attach hereto all our remarks on the articles proposed in the draft bill, grouped according to the three critical areas identified. All these justify sending the draft bill back to the Parliament, to ensure that a draft bill to comply with both the national and the European legislation is prepared.

Natura2000 Coalition in Romania is a federation of non-governmental organisations aiming to contribute to the efficient management of protected areas in Romania and to support conservation actions for natural habitats and wildlife nationally. The federation members are custodians of natural protected areas with more than 10 years experience in nature conservation in Romania.

Your Excellency, we call on you as a warranter of abiding by the Constitution and a promoter of Romania's position in the European Union, to request the Parliament to debate again and amend this draft bill.

Thank you.