Conservation of wild birds
Directive 2009/147/EC on the conservation of wild birds
It seeks to conserve all wild birds in the EU by setting out rules for their protection, conservation, management and control.
It covers birds, their eggs, nests and habitats.
It codifies legislation originally adopted in 1979 (Directive 79/409/EEC).
Directive 2009/147/EC was amended in 2019 by Regulation (EU) 2019/1010 which aligns and streamlines reporting obligations in the field of environmental law.
Measures for endangered species
EU countries must take action to maintain or restore the populations of bird species to a level which is in line with ecological, scientific and cultural requirements, while taking into account economic and recreational needs.
Measures for all bird species
Measures must be set in place to preserve, maintain or re-establish a sufficient diversity and area of habitats* for all bird species.
These measures mainly involve:
the creation of protected areas;
the upkeep and management of habitats inside and outside the protected areas; and
the re-establishment of destroyed biotopes*, and the creation of new ones.
Special measures
Certain species, listed in Annex I, as well as regularly occurring migratory species, not listed in Annex I, are subject to special measures concerning their habitat to ensure survival and reproduction in their area of distribution.
EU countries must classify the most suitable territories in number and size as special protection areas (SPAs) for the conservation of these species in areas of sea and land where the directive applies. Particular attention is paid to wetlands. The SPAs form part of the Natura 2000 network of protected sites, together with the Special Areas of Conservation designated under the Habitats Directive.
EU countries are required to take the appropriate steps to avoid:
the deterioration of the habitats of the species; and
disturbance of the species for which the SPAs have been classified, where such disturbance could significantly affect the objectives of the directive.
EU countries are required to agree to plans or projects only after if they are sure that they will not adversely affect the SPAs concerned, based on an appropriate assessment of any implications for the sites’ conservation objectives.
General protection measures
This directive also puts in place general protection for all species of wild birds in the EU. In particular the following are banned:
deliberate destruction or capture of wild birds;
deliberate damage to nests and eggs;
taking or keeping eggs;
deliberate disturbance which puts conservation at risk; and
keeping birds, the hunting of which is banned;
exceptions to the above rules are possible under certain conditions.
Hunting of birds
Some species, whose numbers allow, listed in Annex II, may be hunted, if certain principles are observed:
the number of birds taken must not threaten satisfactory population levels and wise use is ensured;
species must not be hunted during periods of breeding or rearing;
migratory species must not be hunted during their return to breeding grounds; and
large-scale or non-selective killing methods are prohibited;
exceptions to the above rules are possible under certain conditions.
Research
EU countries must promote research for the purposes of the management, protection and wise exploitation (e.g., for establishing national lists of species in danger of extinction) of wild birds in Europe
Reporting
Regulation (EU) 2019/1010, which has applied since 26 June 2019, requires EU countries to submit a report to the European Commission every 6 years on the measures they have taken to implement Directive 2009/147/EC, and their main impacts.
That report must be made accessible to the public and include, in particular:
information concerning the status and trends of wild bird species protected by this directive;
the threats and pressures on them;
the conservation measures taken for them; and
the contribution of the network of SPAs to the objectives of the directive.
The Commission sets out the format of the report by implementing acts.
Every 6 years, the Commission, assisted by the European Environment Agency, prepares and publishes a composite report based on the information it has received from the EU countries.
It has applied since 15 February 2010.Directive 2009/147/EC codified and replaced Directive 79/409/EEC and its subsequent amendments.
DOCUMENTS
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (codified version) (OJ L 20, 26.1.2010, pp. 7-25)
Successive amendments to Directive 2009/147/EC have been incorporated into the original text. This consolidated version is of documentary value only.
Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (OJ L 170, 25.6.2019, pp. 115-127)
Alien and locally absent species
Regulation (EC) No 708/2007 — use of alien and locally absent species in aquaculture
It aims to create rules on aquaculture* practices to ensure adequate protection of the aquatic environment from the risks associated with the use of non-native species and locally absent species* in aquaculture.
It is based on the voluntary alien species* rules of the International Council for the Exploration of the Sea and the European Inland Fisheries and Aquaculture Advisory Commission.
Scope
The regulation applies to:
movements of alien species (introductions)* or locally absent species (translocations)* for their use in aquaculture in the EU;
all types of aquaculture installation. Nevertheless, it lays down special rules relating to closed aquaculture facilities. Movements of non-native or locally absent species to be kept in closed aquaculture facilities may be exempted from the requirement to obtain a permit on condition that they are transported under conditions that prevent them from spreading in the environment. EU countries must keep a regularly updated list of closed aquaculture facilities.
It does not apply to:
translocations of organisms within EU countries, except if there is a risk to the environment;
pet shops, garden centres or aquaria where there is no contact with EU waters;
the species listed in Annex IV, except for certain cases.
It covers all aquatic species, including any part that might survive and reproduce.
Measures for avoiding adverse effects on biodiversity
EU countries must:
introduce measures to avoid adverse effects on biodiversity resulting from the movement of aquatic organisms for aquaculture purposes and from the spreading of those organisms;
monitor and inspect aquaculture activities to ensure
closed aquaculture facilities comply with the requirements laid down by this regulation; and
transport to or from such facilities takes place under conditions which prevent the escape of alien species or non-target species.
Permits
Any movement of an alien aquatic organism to an aquaculture facility requires a permit issued by the receiving EU country. To obtain this permit, the aquaculture operator must submit an application providing certain information, including:
the name and characteristics of the organism concerned;
the proposed destination and the reason for the movement;
the potential impact on the environment;
the measures to manage and monitor the movement, etc.
Routine movement
In the case of movement from a source known not to pose a risk to the environment, the competent authority may issue a permit indicating, where applicable, requirements for quarantine* or pilot release*.
Non-routine movement
In the case of non-routine movement, an environmental risk assessment must be carried out. If the level of risk is assessed to be medium or high, the applicant and the administration concerned must examine whether there are ways to reduce the risk to a low level. If the level of risk is reduced to low, the competent authority may issue a permit indicating, where appropriate, requirements for quarantine, pilot release or monitoring*.
Movements affecting neighbouring EU countries
EU countries likely to be affected by a movement of marine organisms must be informed and send their comments to the European Commission, which will confirm, cancel or amend the permit.
Register
EU countries must keep a register of introductions and translocations containing all the information relating to them. The registers are to be made available to the public.
The majority of EU countries have dedicated a specific web page on the regulation and the register is generally accessible from there.
It has applied since 1 January 2009, other than Chapters I and II, as well as Article 24 (detailed rules and adaptation to technical progress) which have applied since 18 July 2007.
BACKGROUND
Invasive alien species are one of the key causes of loss in biodiversity, whether by:
genetic changes;
the deterioration or modification of habitats;
spreading pathogenic agents and parasites; or
replacing native species in the ecological niche which they occupy.
This environmental impact has major economic and social repercussions.
Rules on alien and locally absent species (European Commission).
KEY TERMS
Aquaculture: the rearing or culture of aquatic organisms using techniques designed to increase the production of those organisms beyond the natural capacity of the environment. The organisms remain the property of a natural or legal person throughout the rearing or culture, up to and including harvesting.
Locally absent species: any aquatic species which is locally absent from a zone within its natural range of distribution for biogeographical reasons.
Alien species:
any aquatic species occurring outside its known natural range and the area of its dispersal potential;
any organism where the number of chromosomes has been artificially doubled; and
fertile artificially hybridised species.
Introductions: the process by which an alien species is intentionally moved to an environment outside its natural range for use in aquaculture.
Translocations: the process by which a locally absent species is intentionally moved within its natural range for its use in aquaculture to an area where it was not previously present.
Quarantine: the purpose of this is to maintain the organisms concerned in complete isolation for long enough to establish a breeding stock, to detect accidentally present species and to confirm the absence of pathogens and disease. The quarantine establishment must comply with detailed specifications in compliance with the conditions established by the regulation (Annex III).
Pilot release: the initial phase of small-scale release of aquatic organisms subject to special confinement and prevention measures. A contingency plan must be drawn up so that the organisms in question can be removed or reduced in density in the event of unforeseen risks to the environment or native populations.
Monitoring: this must be carried out for at least two years following the organisms’ release into their new environment, to assess whether the impacts were accurately predicted or if there are additional or different impacts.
DOCUMENTS
Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture (OJ L 168, 28.6.2007, pp. 1-17)
Successive amendments to Regulation (EC) No 708/2007 have been incorporated in to the original document. This consolidated version is of documentary value only.
Commission Regulation (EC) No 535/2008 of 13 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture (OJ L 156, 14.6.2008, pp. 6-9)
Commission Regulation (EC) No 506/2008 of 6 June 2008 amending Annex IV to Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture (OJ L 149, 7.6.2008, pp. 36-37)
Convention on the conservation of migratory species of wild animals — Bonn Convention
Convention on the conservation of migratory species of wild animals
Decision 82/461/EEC — conclusion of the convention on the conservation of migratory species of wild animals
The objective of the Bonn Convention is the conservation of migratory species* of wild animals worldwide. Wild animals require special attention because of their importance from the environmental, ecological, genetic, scientific, recreational, cultural, educational, social and economic points of view. Conservation of migratory species particularly requires international cooperation to ensure protection across their full range*.
The decision concludes the convention on behalf of the EEC (now the EU).
KEY POINTS
The parties to the convention acknowledge the importance of conserving migratory species, and the need to pay special attention to species whose conservation status* is unfavourable.
To avoid any migratory species becoming endangered*, the parties must aim to:
promote, cooperate in or support research relating to migratory species; and
conclude agreements covering the conservation and management of migratory species listed in Appendix II.
To protect endangered migratory species, the parties to the convention will aim to:
provide immediate protection for migratory species included in Appendix I;
conserve or restore the habitats of endangered species;
prevent, remove, compensate for or minimise the adverse effects of activities or obstacles that impede the migration of the species; and
prevent, reduce or control factors that are endangering or are likely to further endanger the species, as far as feasible and appropriate.
Range countries of migratory species must prohibit the taking of animals belonging to species listed in Appendix I, with certain exceptions, such as taking for scientific purposes, or to enhance the breeding or survival of the species. These exceptions must be precise as to content and limited in place and time, and should not operate to the disadvantage of the species.
The conservation and management of the species listed in Appendix II may require international agreements.
Guidelines for agreements:
restore or maintain the migratory species concerned;
cover the whole of the range of the migratory species concerned;
be open to accession by all range countries, whether or not they are parties to the Convention;
where feasible, concern several species.
Each agreement must contain the following information:
the name of the migratory species concerned;
its range and migration route;
measures for implementing the agreement;
procedures for the settlement of disputes;
designation of the authority concerned with the implementation of the agreement.
Agreements may also provide for:
research into the species;
the exchange of information on the migratory species;
the restoration or maintenance of a network of suitable habitats for the conservation of the species;
periodic review of the conservation status of the species;
emergency procedures whereby conservation action would be rapidly strengthened.
A different type of agreements are those under Article IV (4) of the Convention. These are not restricted to species listed in Appendix II of the Convention, and may be concluded for any population or any geographically separate part of the population of any species or lower taxon of wild animals, whose members periodically cross one or more national jurisdictional boundaries.
The Conference of the Parties is the decision-making body of the convention. It reviews the implementation of the convention and can adopt recommendations.
The convention, and its Appendices I and II, can be amended.
Any dispute between parties to the convention must be settled by negotiation between the parties involved. If the dispute cannot be resolved by negotiation, it may be submitted to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, whose decision will be binding on the parties.
KEY TERMS
The Bonn Convention was signed in 1979 and entered into force on 1 November 1983.
Migratory species: the entire population or any geographically separate part of the population of any species or lower taxon of wild animals a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries.
Range: areas of land or water that a migratory species inhabits, crosses or overflies on its migration route.
Conservation status of a migratory species: the sum of the influences acting on the migratory species that may affect its long-term distribution and abundance.
Endangered: the migratory species is in danger of extinction throughout all or part of the territory of a country.
DOCUMENTS
Convention on the conservation of migratory species of wild animals (OJ L 210, 19.7.1982, pp. 11-22)
Council Decision 82/461/EEC of 24 June 1982 on the conclusion of the Convention on the conservation of migratory species of wild animals (OJ L 210, 19.7.1982, p. 10)
Council Decision 2006/871/EC of 18 July 2005 on the conclusion on behalf of the European Community of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (OJ L 345, 8.12.2006, pp. 24-25)
Council Decision 98/145/EC of 12 February 1998 on the approval, on behalf of the European Community, of the amendments to Appendices I and II to the Bonn Convention on the conservation of migratory species of wild animals as decided by the fifth meeting of the Conference of the parties to the Convention (OJ L 46, 17.2.1998, pp. 6-7)
Protecting biodiversity from invasive alien species
Regulation (EU) No 1143/2014 on the prevention and management of the introduction and spread of invasive alien species
It sets out rules to prevent and manage the introduction and spread of invasive alien species (IAS)* in the EU. This law seeks to minimise and mitigate the adverse effects of IAS on EU biodiversity and ecosystems, as well as on human health and the economy.It has applied since 1 January 2015.
List of invasive alien species of Union concern
On 13 July 2016, the European Commission adopted its first list of IAS of ‘Union concern’.The list, which is developed on the basis of scientific risk assessments, is updated regularly and reviewed at least every 6 years. The list has already been updated once, with the adoption of additional species to the list on 12 July 2017.
Species on this list may not be intentionally brought into the EU’s territory. Nor may they be kept, bred, transported to, from or within the EU, sold, grown or released into the environment.
Permits
EU countries may issue permits to allow research, off-site conservation and medicinal use of the species listed as IAS of Union concern. For any other uses, EU countries wishing to issue permits first need to seek the Commission’s authorisation.
The IAS in question must be kept and handled in contained holding and transported under conditions that preclude their escape.
National action plans
Within 3 years of the listing of species, EU countries have to establish and implement action plans to address priority pathways. This is to prevent the unintentional introduction and spread of IAS of Union concern in their territory.
IAS of regional concern and native IAS
IAS may originate in one EU region and create issues in another EU region. Here, the Commission has a role to play in ensuring that the affected EU countries work together to deal with the problem.
Surveillance system
Within 18 months of the adoption of the list of IASs of Union concern, EU countries must establish surveillance systems which collect and record data on the occurrence of IAS in the environment.
Early detection and rapid eradication of newly establishing IAS
Any new observation (first observation or first observation after eradication) of a listed IAS in an EU country or in part of its territory leads to a rapid eradication obligation. Eradication can be achieved by lethal or non-lethal measures.
Management of widely spread IAS
Within 18 months of the listing of species, EU countries need to establish management measures for IAS that have already widely spread in their territory to minimise adverse effects.
These measures may be lethal or non-lethal and should remain proportionate to their impact on the environment and appropriate to the specific circumstances in the EU country.
Restoring damaged ecosystems
EU countries should carry out measures to assist in the recovery of an ecosystem that has been degraded, damaged or destroyed by an IAS of Union concern.
Transitional measures
People may keep their pets on the condition that:
they were acquired before the list was drafted; and
all appropriate measures are put in place to ensure that they cannot reproduce or escape.
In the first year after it has been listed, a business or other commercial enterprise may continue selling a species until stock is exhausted. However, in the second year following listing, a species may be sold or transferred to an establishment holding a permit or culled humanely. These transactions are allowed on condition that all appropriate steps are taken to ensure that the species cannot escape or reproduce.
DOCUMENTS
Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, pp. 35-55)
Commission Implementing Regulation (EU) 2017/1263 of 12 July 2017 updating the list of invasive alien species of Union concern established by Implementing Regulation (EU) 2016/1141 pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council (OJ L 182, 13.7.2017, pp. 37–39)
Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, pp. 4-104)
Commission Implementing Regulation (EU) 2016/1141 of 13 July 2016 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council (OJ L 189, 14.7.2016, pp. 4-8)
Successive amendments to Regulation (EU) 2016/1141 have been incorporated into the original document. This consolidated version is of documentary value only.
Commission Implementing Regulation (EU) 2016/145 of 4 February 2016 adopting the format of the document serving as evidence for the permit issued by the competent authorities of Member States allowing establishments to carry out certain activities concerning invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council (OJ L 30, 5.2.2016, pp. 1-6)