Practical advice
In recent days, the European Commission has published guidelines for a pragmatic and proportionate implementation of the Birds directive on the ground, while protecting Europe's wild birds. This guidance document provides practical advice to support Member States and stakeholders in implementing existing rules and the case law of the Court of Justice of the EU on the protection of wild birds, while reducing administrative burdens. Birds play a vital role in European biodiversity and contribute to healthy ecosystems. Since 1979, the Birds Directive has protected wild birds and their habitats across Europe, including by prohibiting all forms of deliberate killing in the wild. At the same time, these rules are balanced with the socioeconomic needs and challenges on the ground, for example of farmers, foresters, and fishermen.
A step forward
Today's guidance document represents a step forward in improving the practical operation of existing rules. It will also contribute to more consistent implementation of the rules across the EU, for example by establishing clear and standardized measures for recurring activities, such as forestry. This includes, for example, clarity on the use of flight route derogations, which will allow Member States to better coordinate action along recurring migration routes, given that many bird populations cross borders. It clarifies existing flexibilities under the Birds Directive and provides practical examples to help national authorities and stakeholders reduce administrative burdens and avoid misinterpretations that could delay the approval of major infrastructure projects. For example, the guidance sets out how Member States can shift to a preventative approach that proactively addresses risks in a proportionate manner and reduces administrative burdens.
Conflicts with economic activities
The guidance includes two appendices on the barnacle goose and the great cormorant. Populations of these species have increased significantly in recent years, leading to conflicts with economic activities such as agriculture and fishing. Adopted in 1979, the Birds Directive protects all wild bird species found in the wild throughout the EU and helps the EU meet its international commitments to protect migratory birds. The ongoing stress test of the Birds and Habitats Directives will assess the overall functioning of the framework. Today's guidance document covers Articles 5 and 9 of the Birds Directive.
Translation into all EU languages
Article 5 prohibits the deliberate killing of birds or the destruction of their nests and eggs, as well as significant disturbance to birds. Article 9 allows for strictly controlled derogations from these rules, for example to protect crops or fisheries, or for public safety, if no alternatives exist. While providing greater clarity on the provisions of the Birds Directive, the guidance document does not replace, supplement, or amend the provisions of the Directive. Furthermore, it is not legally binding. The Commission guidance document will be translated into all official EU languages before being formally adopted. (Source: NL CNCN)
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