EU Nature Legislation
Birds Directive (1979)
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (this is the codified version of Directive 79/409/EEC as amended). This Directive
ensures far-reaching protection for all of Europe's
wild birds, identifying 194 species and sub-species among
them as particularly threatened and in need of special conservation
measures. There are a number of components to this scheme:
Member States are required to designate Special Protection
Areas (SPAs) for 194 particularly threatened species and
all migratory bird species. SPAs are scientifically identified
areas critical for the survival of the targeted species, such
as wetlands. They are part of the Natura
2000 ecological network set up under the Habitats Directive
92/43/EEC.
A second component bans activities that
directly threaten
birds, such as the deliberate killing or capture of birds,
the destruction of their nests and taking of their eggs, and
associated activities such as trading in live or dead birds
(with a few exceptions).
A third component establishes rules that
limit the number of bird
species that can be hunted (82 species and sub-species)
and the periods during which they can be hunted. It also defines
hunting methods which are permitted (e.g. non-selective hunting
is banned).
Habitats Directive (1992)
The Habitats
Directive 92/43/EEC was adopted in 1992. The main
aim of this Directive is to promote the maintenance of biodiversity,
taking account of economic, social, cultural and regional
requirements. While the Directive makes a contribution to
the general objective of sustainable development; it ensures
the conservation of a wide range of rare, threatened or endemic
species, including around 450 animals and 500 plants. Some
200 rare and characteristic habitat types are also targeted
for conservation in their own right.
The Directive provides for a ban on the downgrading
of breeding and resting places for certain strictly protected
animal species. Exceptions to the strict protection rules
can be granted under very specific conditions. The Habitats
Directive also establishes the EU wide Natura
2000 ecological network of protected areas. For these
areas it provides a high level of safeguards against potentially
damaging developments. Together with the Birds Directive,
the Habitats Directive forms the backbone of EU nature protection
legislation.
Case Law
Nature and
Biodiversity Cases - Ruling of the European Court of Justice |