The European Commission has published guidelines for what it calls a ‘pragmatic and proportionate’ implementation of the EU Birds Directive on the ground, while protecting Europe’s wild birds.
The 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.
The guidance document provides practical advice on implementing existing rules and Court of Justice of the EU case-law on the protection of wild birds, while also reducing red tape for farmers.
“Today’s guidance will deliver real simplification: fewer procedures, clearer rules and more legal certainty”, said EU Environment Commissioner Jessika Roswall: “We continue to protect birds and fish, and at the same time give farmers, fishers, foresters and businesses workable and balanced rules.”
The Commission says the Birds Directive rules need to be balanced with socio-economic needs and challenges on the ground, for instance from farmers, foresters, and fishers.
It says the guidance document makes the existing rules work better in practice, 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.
Guidance document on the general system of protection of bird species
