Romanian draft law allowing the killing of 859 brown bears per year

Priority question for written answer P-001226/2026
to the Commission
Rule 144
Anja Hazekamp (The Left), Sebastian Everding (The Left)

Brown bears are strictly protected under Directive 92/43/EEC[1].

On 18 March 2026, the Romanian Senate adopted draft law L43/2026[2]. The draft law, which is pending adoption by the Chamber of Deputies, would allow quotas for the killing of 859 bears in 2026 and 859 in 2027.

The explanatory memorandum[3] indicates that the bear population should be reduced, but does not address the possible purposes of the derogation, such as preventing serious damage or threats to safety.

The CJEU has held that derogations must be strict, selective and non-general (e.g. cases C-674/17[4] and C-88/19[5]).

• 1.Does the Commission consider this approach - permitting lethal removal without identification or selection of specimens in relation to conflict situations or explanation of the purpose of the derogation, and without prior demonstration of the absence of satisfactory alternatives and without a scientific assessment ensuring conservation status is unaffected - compatible with Article 16 of Directive 92/43/EEC, and could the Commission confirm that the burden of proof lies with the national authorities?
• 2.Could the Commission clarify whether allowing removal of a fixed number of specimens, without requiring their selection in accordance with the specific purpose of the derogation, complies with Article 16, including where criteria such as trophy indicators (e.g. a CIC score) are used?
• 3.Could the Commission consider initiating infringement proceedings if a law is applied that allows derogations without complying with Article 16?

Submitted: 24.3.2026

• [1] Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7, ELI: http://data.europa.eu/eli/dir/1992/43/oj).
• [2] https://www.senat.ro/legis/PDF/2026/26L043FG.PDF.
• [3] https://www.senat.ro/legis/PDF/2026/26L043EM.PDF.
• [4] Judgment of the Court of Justice of 10 October 2019, Kainuu ry v Risto Mustonen and Others, C-674/17, ECLI:EU:C:2019:851.
• [5] Judgment of the Court of Justice of 11 June 2020, Asociaţia "Alianța pentru combaterea abuzurilor" v TM and Others, C-88/19, ECLI:EU:C:2020:458.