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Commission issues guidance for pragmatic and proportionate rules on protecting wild birds
Today, the European Commission published guidelines for a pragmatic and proportionate implementation of the Birds Directive on the ground, while protecting Europe's wild birds. This guidance document provides practical advice to support Member States and stakeholders in implementing existing rules and Court of Justice of the EU case-law on the protection of wild birds, while reducing administrative burden.
Birds play an essential role for Europe's biodiversity and contribute to healthy ecosystems. Since 1979, the Birds Directive has been protecting wild birds and their habitats across Europe, including by prohibiting all forms of deliberate killing in the wild. At the same time, these rules are balanced with socio-economic needs and challenges on the ground, for instance from farmers, foresters, and fishers.
Today's guidance document is a step to make the existing rules work better in practice. It will also contribute to a more consistent implementation of the rules across the EU, for instance by setting clear and standardised measures for recurring activities, such as forestry. This includes, for example, clarity on the use of flyway derogations, which will allow Member States to better coordinate action along recurring migratory routes as many bird populations move across borders.
It clarifies existing flexibilities under the Birds Directive and provides practical examples to help national authorities and stakeholders to reduce administrative burden and avoid misinterpretations that could delay the approval of important infrastructure projects. For instance, the guidance sets out how Member States can shift towards a preventive approach which proactively addresses risks in a proportionate way and reduces administrative burden.
The guidance includes two annexes on the Barnacle Goose and the Great Cormorant. Populations of these species have significantly increased in recent years leading to conflicts with economic activities, such as agriculture and fisheries.
Background
Adopted in 1979, the Birds Directive protects all naturally occurring wild bird species across the EU and helps the EU deliver on international commitments to protect migratory birds. The ongoing stress test of the Birds and Habitats Directives will assess how the framework is working overall.
Today's guidance document concerns Articles 5 and 9 of the Birds Directive. Article 5 prohibits deliberate killing of birds or destruction of their nests and eggs as well as significant disturbance of birds. Article 9 allows strictly controlled derogations from these rules, for example to protect crops or fisheries or for public safety, if no alternatives exist.
While providing more clarity on provisions of the Birds Directive, the guidance document does not replace, add to, or amend the provisions of the Directive. It is also not legally binding.
The Commission guidance document will be translated into all EU official languages before being formally adopted.
For more information
Guidance document on the general system of protection of bird species