Bern Convention
Convention on the conservation of European wildlife and natural habitats
Decision 88/72/EEC — conclusion of the Convention on the conservation of European wildlife and natural habitats
The convention, adopted at Bern on 19 September 1979, aims to promote cooperation between the signatory countries in order to conserve wild flora and fauna and their natural habitats and to protect endangered migratory species.
The decision concludes the agreement on behalf of the European Economic Community (now the EU).
KEY POINTS
The EU is a contracting party to the convention on the conservation of European wildlife and natural habitats.
Wild flora and fauna constitute a natural heritage of great value that needs to be preserved and handed on to future generations. In addition to national protection programmes, the parties to the Convention consider that cooperation should be established at a European level.
The parties undertake to:
promote national policies for the conservation of wild flora, wild fauna and natural habitats;
integrate the conservation of wild flora and fauna into national planning, development and environmental policies;
promote education and disseminate information on the need to conserve species of wild flora and fauna and their habitats.
The parties agree to take appropriate legislative and administrative measures to protect the wild flora species specified in Appendix I (Strictly protected flora species). The convention prohibits the deliberate picking, collecting, cutting or uprooting of such plants.
Appropriate legislative and administrative measures must also be adopted to conserve the wild fauna species listed in Appendix II (Strictly protected fauna species). The following are prohibited:
all forms of deliberate capture and keeping, and deliberate killing;
the deliberate damage to or destruction of breeding or resting sites;
the deliberate disturbance of wild fauna, particularly during the period of breeding, rearing and hibernation;
the deliberate destruction or taking of eggs from the wild or keeping these eggs;
the possession of and internal trade in these animals, alive or dead, including stuffed animals, and any part or derivative of these animals.
Any exploitation of wild fauna specified in Appendix III (Protected fauna species) must be regulated in order to keep the populations out of danger (temporary or local prohibition of exploitation, regulation of transport or sale, etc.). The parties are prohibited from using indiscriminate means of capture and killing capable of causing the disappearance of, or serious disturbance to, the species.
The convention lists some exceptions to the above:
for the protection of flora and fauna;
to prevent serious damage to crops, livestock, forests, fisheries, water and other forms of property;
in the interests of public health and safety, air safety or other overriding public interests;
for the purposes of research and education, of repopulation, of reintroduction and for necessary breeding;
to permit, under strictly supervised conditions, the taking, keeping or other judicious exploitation of certain wild animals and plants in small numbers.
The contracting parties undertake to coordinate their efforts for the protection of the migratory species specified in Appendices II and III whose range extends into their territories.
A standing committee responsible for following the application of the convention is set up.
The Bern Convention entered into force on 6 June 1982.
DOCUMENTS
Convention on the conservation of European wildlife and natural habitats (OJ L 38, 10.2.1982, pp. 3-32)
Council Decision 82/72/EEC of 3 December 1981 concerning the conclusion of the Convention on the conservation of European wildlife and natural habitats (Bern Convention) (OJ L 38, 10.2.1982, pp. 1-2)
Council Decision 98/746/EC of 21 December 1998 concerning the approval, on behalf of the Community, of amendments to Appendices II and III to the Berne Convention on the conservation of European wildlife and natural habitats adopted at the 17th meeting of the Convention’s Standing Committee (OJ L 358, 31.12.1998, p. 114)
Ensuring trade in wild fauna and flora does not threaten their survival
SUMMARY OF:
Regulation (EC) No 338/97 — regulating trade so as to protect species of wild fauna and flora
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has to be implemented uniformly in all EU countries, in view of the EU’s single market and the absence of systematic border controls.
CITES is implemented in the EU through EU wildlife trade regulations. EU countries apply rules on the import and export of endangered species of animals and plants, and products derived from them.
Trade controls
The import of specimens of endangered species into the EU requires a permit issued by an authority of the EU country of destination or an import notification.
Export from the EU requires an export permit or a re-export certificate issued by an authority of the EU country in which the specimens are located.
Categories of species are outlined in Annexes A to D of the regulation.
Trade in species listed in Annex A, such as the cheetah, is prohibited, while movement of live animals within the EU requires prior authorisation.
Movement of a live specimen of a species listed in Annexes B and C, such as the cobra or the mongoose, is subject to rules on certification and adequate housing and care, while Annex D covers other cases of the transit of live animals, whole skins and plant products.
Further restrictions may be imposed in specific circumstances, and EU countries may have their own tougher rules.
Special rules apply to specimens born and bred in captivity or that are the result of artificial reproduction, part of personal effects or destined for scientific institutions.
Organisation and communication
EU countries must:
designate customs offices to carry out the checks;
designate the management and scientific authorities responsible for implementation;
monitor compliance and penalise infringements;
draw up reports and exchange information on implementation and any permit rejections.
In February 2014, the European Commission issued a communication launching the debate on the EU’s approach in regard to wildlife trafficking. This was followed, in February 2016, by a Commission action plan on wildlife trafficking.
It has applied since 1 June 1997.
DOCUMENTS
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, pp. 1–69)
Successive amendments to Regulation (EC) No 338/97 have been incorporated into the basic text. This consolidated version is of documentary value only.
Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.6.2006, pp. 1-69)
Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006 (OJ L 242, 7.9.2012, pp. 13-45)
Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of the European Union to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (OJ L 75, 19.3.2015, pp. 1-3)
Commission Implementing Regulation (EU) No 2015/736 of 7 May 2015 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora (OJ L 117, 8.5.2015, pp. 25-44)
Communication from the Commission to the Council and the European Parliament on the EU Approach against Wildlife Trafficking (COM(2014) 64 final, 7.2.2014)
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — EU Action Plan against Wildlife Trafficking (COM(2016) 87 final, 26.2.2016)
Protecting Europe’s biodiversity (Natura 2000)
Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora
It seeks to contribute to ensuring biodiversity in the European Union by the conservation of:
natural habitats, and
wild fauna and flora species.
It sets up the ‘Natura 2000’ network, the largest ecological network in the world. Natura 2000 comprises special areas of conservation designated by EU countries under this directive. Natura 2000 also includes the special protection areas classified under the Birds Directive (Directive 2009/147/EC).
Protection of sites (Natura 2000 network)
The directive’s Annexes I and II list the types of habitats and species of special areas of conservation whose conservation requires the designation of special areas of conservation*. Some of these are defined as ‘priority’ habitats or species in danger of disappearing and for which there are specific rules.
Annex III lists the criteria for selecting sites eligible for identification as sites of Community importance and for designation as special areas of conservation.
The designation process is in 3 stages:
1.Using the criteria in the annexes, each EU country draws up a list of sites hosting natural habitats and wild fauna and flora.
2.On the basis of the national lists and in agreement with the EU countries, the European Commission then adopts a list of sites of Community importance for each of the EU’s 9 biogeographical regions:
the Alpine region;
the Atlantic region;
the Black Sea region;
the Boreal region;
the Continental region;
the Macaronesian region;
the Mediterranean region;
the Pannonian region;
the Steppic region.
3.Within 6 years of the selection of a site of Community importance, the EU country concerned must designate it as a special area of conservation.
Consultation procedure
Where the Commission considers that a site which hosts a priority natural habitat type or species has been omitted from a national list, a consultation procedure may take place between itself and the country in question. If the result is unsatisfactory, the Commission may forward a proposal to the Council on the selection of the site as one of Community importance.
Conservation objectives and measures
Once special areas for conservation are designated, EU countries must introduce appropriate conservation objectives and measures. They must do everything possible to:
guarantee the conservation of habitats in these areas;
avoid their deterioration and any significant disturbance to species.
EU countries must also:
encourage the proper management of landscape features essential for the migration, dispersal and genetic exchange of wild species;
undertake surveillance of both habitats and species.
Assessment of plans/projects
Any plan or project that is likely to have a significant impact on a Natura 2000 site should be a subject of appropriate assessment. EU countries must agree on a plan or project only after having ascertained that it will not have a significant impact on the integrity of protected sites.
In the absence of other alternatives, some projects that will cause significant negative impact may still be permitted for imperative reasons of overriding public interest (i.e. social or economic reasons). Where this arises, EU countries must introduce compensatory measures to ensure the overall coherence of the Natura 2000 network.
Protection of species
EU countries must:
establish systems of strict protection for animal and plant species which are particularly threatened (Annex IV), prohibiting
all forms of deliberate capture or killing of specimens of these species in the wild;
deliberate disturbance of these species, particularly during the period of breeding, rearing, hibernation and migration;
deliberate destruction or taking of eggs from the wild;
deterioration or destruction of breeding sites or resting places;
prohibit the use of non-selective methods of taking, capturing or killing certain animal and plant species (Annex V);
set up a system to monitor the incidental capture and killing of the animal species listed in Annex IV(a);
report the measures they have taken to the Commission every 6 years. The Commission then issues a composite report covering the entire EU.
It has applied since 10 June 1992. EU countries had to incorporate it into national law by 10 June 1994.
BACKGROUND
The Natura 2000 network represents almost one fifth of the EU’s land area and more than 250 000 km2 of marine area.
‘The Habitats Directive’ on the European Commission’s website.
‘The Birds Directive’ on the European Commission’s website.
‘Natura 2000’ on the European Commission’s website.
‘European Topic Centre on Biological Diversity’ on the Eionet’s website.
Special area of conservation: a site of Community (i.e. EU) importance designated by EU countries where the required conservation measures are taken to ensure that the favourable conservation status of the natural habitats and/or the populations of the species for which the site is designated is maintained or restored.
DOCUMENTS
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, pp. 7-50)
Successive amendments to Directive 92/43/EEC have been incorporated in the original text. This consolidated version is of documentary value only.
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, pp. 7-25)
Report from the Commission to the Council and the European Parliament — The state of nature in the European Union — Report on the status of and trends for habitat types and species covered by the Birds and Habitats Directives for the 2007-2012 period as required under Article 17 of the Habitats Directive and Article 12 of the Birds Directive (COM(2015) 219 final, 20.5.2015)