The Birds Directive
About the Birds Directive
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) is the EU’s oldest
piece of nature legislation and one of the most important,
creating a comprehensive scheme of protection for all wild
bird species naturally occurring in the Union. Its was adopted
unanimously by the Members States in 1979 as a response to
increasing concern about the declines in Europe's wild bird
populations resulting from pollution, loss of habitats as
well as unsustainable use. It was also in recognition that
wild birds, many of which are migratory, are a shared heritage
of the Member States and that their effective conservation
required international co-operation.
The directive recognises that habitat loss
and degradation are the most serious threats to the conservation
of wild birds. It therefore places great emphasis on the protection
of habitats for endangered as well as migratory species (listed
in Annex I), especially through the establishment of a coherent
network of Special Protection Areas (SPAs) comprising all
the most suitable territories for these species. Since 1994
all SPAs form an integral part of the NATURA 2000 ecological
network.
 The
Birds Directive 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
(listed in Annex III - III/1 allows taking in all Member States;
III/2 allows taking in Member States in agreement with European
Commission). The Directive recognises hunting as a legitimate
activity and provides a comprehensive system for the management
of hunting (limited to species listed in Annex II - II/1 allows
hunting in all Member States; II/2 allows hunting in listed
Member States ) to ensure that this practice is sustainable.
This includes a requirement to ensure that birds are not hunted
during the periods of their greatest vulnerability, such as
the return migration to the nesting areas, reproduction and
the raising of chicks. It requires Member States to outlaw
all forms of non-selective and large scale killing of birds,
(especially the methods listed in Annex IV). It promotes research
to underpin the protection, management and use of all species
of birds covered by the Directive (Annex V).
Annexes to the Directive
The Annexes to the Birds Directive have been
adapted on a number of occasions in response to scientific
and technical progress and to the successive enlargements
of the European Union. The most recent adaption is in response
to the Accession of Bulgaria and Romania to the European Union
on 1 January 2007.
Directive of 30 November 2009 on the conservation of wild birds
(2009/147/EC)(containing the most up to date annexes
arising from the successive enlargements including the accession
of Bulgaria and Romania)
Annex I
Annex II/1
Annex II/2
Annex III/1
Annex III/2
Annex IV
Annex V
 Work
on specific articles:
The management of hunting has proven to be
one of the more controversial elements of the Birds Directive
and the Commission, together with experts from Member States
and key stakeholder groups, has therefore prepared guidance
to help ensure that this practice is sustainable and in conformity
with the requirements of the Directive. However, it rests
with the EU Court of Justice to provide definitive interpretation
of these and other provisions of the Directive.
More information on the Birds Directive
In August 2007 the journal Science published
an analysis showing that the Birds Directive has made a significant
difference in protecting many of Europe's most threatened
birds from further decline. The groundbreaking paper shows
that the Birds Directive has clearly helped those species
considered to be most at risk, partly through the designation
of Special Protection Areas (SPAs).
International
Conservation Policy Delivers Benefits for Birds in Europe
Paul F. Donald,1* Fiona J. Sanderson,1 Ian J. Burfield,2 Stijn
M. Bierman,3 Richard D. Gregory,1 Zoltan Waliczky1 (Science,
10 August 2007)
more
information on Wild Birds
2007 Enlargement : Bulgaria & Romania joined the EC
Enlargement 2007 and the Nature Directives
The enlargement
of the European Union with two new member states (Bulgaria
and Romania) in 2007 has brought amendments of the EU
nature conservation legislation – the "Birds Directive"
(2009/147/EEC) and the "Habitats Directive" (92/43/EEC).
The exercise of negotiating amendments to the lists of habitat
types and species of the above directives originally started
simultaneously for all 12 candidate countries, and has now
been completed for the two most recent Member States. Unlike
the 2004 enlargement, the consolidated annexes have not been
included in the Treaty of Accession to the European Union
of 2005. Based on the political agreement referred to in the
Accession Treaty (Accession
BG and RO), the Council adopted a directive effecting
the changes : Directive
2006/105/EC of 20 November 2006 adapting Directives 73/239/EEC,
74/557/EEC and 2002/83/EC in the field of environment, by
reason of the accession of Bulgaria and Romania
What changes in the Birds Directive?
As in the case of the 2004 enlargement, most
changes concern the annexes of the directives. In the first
place new typical and endangered species and habitats in the
new Member States have been added to the annexes, with a limited
number of geographic exceptions granted.
Summary
of changes introduced to the annexes of the Birds Directive (22KB)
2004 Enlargement: 10 new member states joined the EC
Enlargement 2004 and the Nature Directives
The enlargement of the European Union with 10 new member states (Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia) means that EU nature conservation legislation
- the "Birds Directive" (2009/147/EEC) and the "Habitats
Directive" (92/43/EEC) - has to be applied to a much
larger territory than before. The amazing richness in nature
and wildlife is one of the environmental assets the new member
states bring to the EU. These countries still host species
and habitat types that have nearly vanished from Western Europe.
But not only that: they hold nature values that do not occur
at all in the old European Union of the 15. This is why the
Birds and the Habitats Directives had to be adapted to cover
these unique assets.
What changes in the Birds Directive?
Most changes concern the annexes of the directives.
In the first place new typical and endangered species and
habitats in the new member states have been included into
the annexes with a limited number of geographic exceptions
granted.
These changes, which were proposed by the
Acceding Countries, were technically evaluated by the European Topic Centre on Nature Protection and Biodiversity and discussed between the Acceding Countries, existing Member
States and the European Commission between 1999 and 2003.
The final product forms part of the environment chapter of
the Treaty of Accession to the European Union 2003, which
was signed in Athens on 16 April 2003.
Summary
of changes introduced to the Birds Directive (90KB)
Frequently asked Questions
Have any transition periods been agreed
for the nature directives ?
As regards the legal transposition of the
directives and the implementation of Natura 2000 network,
no transition periods were agreed. Only one strictly limited
transition period (until 2008) for one provision
of the Birds Directive (trapping of birds) was agreed with
Malta (pdf ~70KB)
What are Acceding Countries required to
do by accession under the nature directives ?
In the frame of the negotiations much focus
was placed on nature conservation and Accession Countries
were encouraged to implement the EU nature directives as early
as possible. Nature conservation legislation is a horizontal
legislation, which needs early attention and must be taken
into account when implementing other EU-policies such as structural,
transport or agriculture policy. Therefore Acceding Countries
will have to implement the Birds and Habitats Directives from
the date of accession (1st May 2004) onwards.
Why do we need to take care of our birds?
The EU's rich diversity of over 500 wild
bird species has been facing severe threats for a long time.
Urban sprawl and transport networks have fragmented and reduced
bird habitats, intensive agriculture, forestry and fisheries
and the use of pesticides have diminished their food supplies,
and there has been a need to regulate hunting to ensure that
it does not damage populations. According to the latest scientific
studies, 43% of Europe's bird species are threatened or facing
serious declines and therefore not in a good conservation
status. Read
more about why we have to take care of our birds (pdf 28KB) |
