New legal guidelines
The European Commission has published a new guidance document on the general system of protection of bird species under the Birds Directive, providing updated clarifications on the interpretation of Articles 5 and 9. This publication represents an important development for policymakers, conservation stakeholders, and the European hunting community, providing further legal and practical guidance on species protection and Member States' use of derogations. It is important to note that the Commission has confirmed that this new text does not replace the current hunting guidelines under the Birds Directive, which remain valid. Instead, the new document is explicitly presented as complementary to the existing guidelines on hunting provisions under Article 7 of the Directive.
Concept of intentionality
FACE's initial assessment of the document is positive and confirms the Commission's pragmatic approach. Several controversial elements present in previous drafts have been eliminated, including references to the concept of "intentionality" and the acceptance of risk in purely hypothetical terms. The final text now more clearly recognizes that, where adequate preventive measures have been taken, any residual risk does not in itself constitute an infringement under Article 5. This provides greater legal certainty for legitimate land management, conservation, and hunting activities carried out in accordance with the law.
Migration routes
Regarding Article 9(1)(a), the guidelines primarily provide further practical clarifications and examples on the application of derogations for birds that cause damage to agriculture and fisheries. Of particular interest is the inclusion of explicit references to route-based derogations for barnacle geese and the management of cormorants. FACE welcomes this initial outcome for European hunters. At the same time, this is a preliminary assessment, and a more in-depth analysis is underway in collaboration with other rural user groups and partners. It is also important to share this initial analysis publicly, especially since there is already some confusion in some sections of the hunting media regarding the scope and implications of the document, which gives the false impression that the rules governing hunting under the Birds Directive have changed. In this context, FACE believes it is important to provide members and stakeholders with clear information on new policy developments.
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