Official Journal of the European Communities No C 247/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the protection of natural and semi-natural habitats and of 
wild fauna and flora 
(COM(88) 381 final 
(Submitted by the Commission on 16 August 1988) 
(88/C 247/03) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130s 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the European Community Policy and Action 
Programme on the Environment (1987 to 1992) (') 
makes provision for measures regarding conservation of 
nature and natural resources; 
Whereas the protection of natural and semi-natural 
habitats and of wild fauna and flora constitutes an 
important element of environmental policy; whereas the 
decline in the quality of habitats and in the number of 
wild fauna and flora represents a serious threat to the 
conservation of the natural environment; 
Whereas the threats affecting habitats and species of wild 
fauna and flora may also be of a transfrontier nature; 
whereas it is therefore in particular necessary to 
undertake action to protect those habitats and species at 
a Community level; whereas for the determination of the 
species to be protected, account should be taken of envi­
ronmental conditions in the various regions of the 
Community; 
Whereas the conservation, protection and improvement 
of the environment are essential objectives of general 
interest pursued by the Community, as is stated in Article 
130r of the Treaty; 
Whereas it is not appropriate to include in this Directive 
habitats and wild fauna and flora of the non-European territories of the Member States due to fundamentally 
different biological and climatic characteristics; 
Whereas territories sufficient in number and size to 
ensure the maintenance of threatened species and the 
protection of threatened habitats should be classified as 
special protection areas according to a carefully-defined 
schedule; 
Whereas in view of the urgent need for action to protect 
certain theatened habitats, it is necessary that the ten 
most important areas in the Community be identified 
and classified as special protection areas within a very 
short period of time; 
Whereas all classified areas, including those classified 
under Council Directive 79/409/EEC of 2 April 1979 on 
the conservation of wild birds (J), should become part of 
a European network aimed not only at protecting and 
improving existing natural resources and re-establishing 
degraded or destroyed habitats but also at making the 
best use of those resources, adequately preserved in their 
biological diversity; whereas the European network will 
thus contribute to achieving the objective of prudent and 
rational utilization of natural resources; 
Whereas therefore the classification of special protection 
areas will play an important role in the overall strategy 
for the protection of the environment, since it will 
contribute to a satisfactory balance between nature 
protection and economic development, based on better 
use of local resources and diversification of economic 
activities as well as new forms of land management; 
Whereas such classification of special protection areas 
should not mean that excessive exploitation of nature 
should be allowed in non-protected areas and whereas 
appropriate land management also outside the classified 
areas should ensure the sustainability of the biological 
systems connecting these areas; 
Whereas there is a need to protect distinct features of the 
landscape; 
C) OJ No C 328, 7. 12. 1987, p. 1. (2) OJ No L 103, 25. 4. 1979, p. 1. 
No C 247/4 Official Journal of the European Communities 21. 9. 88 
Whereas provision should be made for the possibility of 
derogations from the obligations to classify special 
protection areas given specific socio-economic 
conditions, provided the coherence of the European 
network and its conservation potential for the habitats 
and species concerned is fully maintained; 
Whereas it might be necessary to take initiatives to 
promote common or coordinated management of trans­
frontier areas of major importance for the conservation 
of threatened species of wild fauna and flora and the 
maintenance of wilderness areas, as well as the transfer 
of know-how with regard to the management of special 
protection areas; 
Whereas the national, regional and local planning and 
development policies should take into account the 
conservation of habitats and wild fauna and flora and 
therefore all projects, all development plans or 
programmes likely to affect special protection areas 
should be made subject to environmental impact 
assessment and whereas for this end Council Directive 
85/337/EEC (») should be amended; 
Whereas a general system of protection is required for 
certain species of flora and fauna not already covered by 
Directive 79/409/EEC; 
Whereas exploitation of certain species, whose biological 
status so requires, should be subject to a management 
plan, and whereas with in the framework of such 
management plans no undue burdens should be placed 
on industry or commerce; 
Whereas certain means of capture or killing and hunting 
from certain modes of transport must be banned because 
of the excessive pressure which they exert or may exert 
on the numbers of the species concerned or because of 
unnecessary cruelty; 
Whereas, because of the importance which may be 
attached to certain specific situations, provision should 
be made for the possibility of derogations on certain 
conditions and subject to monitoring by the 
Commission; 
Whereas the Commission should prepare periodically a 
composite report based among other things on the infor­
mation forwarded by the Member States regarding 
implementation of national provisions taken under the 
Directive; 
Whereas the conservation of natural and semi-natural 
habitats and of wild fauna and flora still presents 
problems which call for scientific research and 
evaluation; 
Whereas it is appropriate for the Council to adopt 
amendments to the articles of the Directive under the 
procedure provided for under Article 130s of the Treaty; 
(') OJ No L 175, 5. 7. 1985, p. 40. Whereas it is necessary to adapt certain annexes rapidly 
in the light of technical and scientific progress; whereas, 
to facilitate the implementation of the measures needed 
for this purpose, provision should be made for a 
procedure establishing close cooperation between the 
Member States and the Commission in a Committee for 
Adaptation to Technical and Scientific Progress; 
Whereas all necessary measures should be taken to 
ensure the monitoring of the biological communities and 
the populations of threatened species for which full 
habitat protection is required; 
Whereas care should be taken in consultation with the 
Commission to see that the introduction of any species 
of wild fauna and flora not naturally occurring in the 
European territory of the Member States does not cause 
harm to local flora and fauna, 
HAS ADOPTED THIS DIRECTIVE: 
GENERAL PROVISIONS 
Article 1 
The aim of this Directive is to conserve natural and 
semi-natural habitats and wild fauna and flora in the 
European territory of the Member States to which the 
Treaty applies, including maritime areas under the sover­
eignty or jurisdiction of the Member States. 
Article 2 
Member States shall take the requisite measures to 
maintain the abundance and diversity of wild fauna and 
flora at a level which corresponds in particular to 
ecological, scientific and cultural requirements and the 
needs of sub-species, varieties, forms and populations at 
risk locally, while taking account of economic and 
recreational requirements. 
Article 3 
For the purposes of this Directive: 
(a) 'threatened species' means: 
— endangered species, i.e. taxa in danger of 
extinction and whose survival is unlikely if the 
causal factors continue operating. Included are 
taxa whose numbers have been reduced to a 
critical level or whose habitats have been so dras­
tically reduced that they are deemed to be in 
immediate danger of extinction, and 
— vulnerable species, i.e. taxa believed likely to 
move into the endangered category in the near 
future if the causal factors continue operating. 
Included are taxa of which most or all the popu-
21. 9. 88 Official Journal of the European Communities No C 247/5 
lations are decreasing because of over-exploi­
tation, extensive destruction of habitats or other 
environmental disturbance; taxa with populations 
that have been seriously depleted and whose 
ultimate security is not yet assured; and taxa with 
populations that are still abundant but are under 
threat from serious adverse factors throughout 
their range, and 
— narrow endemic species under latent threat. 
(b) 'Habitat' means: 
— the normal abode, natural home or locality of a 
named species or population of a named species; 
— a distinctive type of terrain, site or location, 
distinguished by physical, geographical, vegeta-
tional or other features. 
(c) 'threatened habitat' means: 
— a type of environment characterized by a 
complex of abiotic conditions and a specific 
biotic community, exposed to the risk of disap­
pearance or degradation because of its scarcity or 
because of the fragility of the ecological 
conditions or because of the fragility of its more 
specialized and characteristic species or because 
of its tendency to rarification. In this context 
'disappearance' means the passage to another 
category in a general classification of habitats 
and 'degradation' means the reduction of its most 
characteristic elements without any change of 
category. 
(d) 'specimen'means: 
— any animal or plant, whether alive or dead, of the 
species specified in accordance with Annex II and 
Annex III to this Directive, any part or derivative 
thereof, as well as any other goods which appear 
from an accompanying document, the packaging 
or a mark or label, or from any other circum­
stances, to be parts or derivatives of animals or 
plants of these species. 
(e) 'regions'means: 
— the geographical units defined in the nomen­
clature of territorial units for statistics (NUTS) of 
Eurostat, the Statistical Office of the European 
Community: — on level II for Greece, France, Italy, Portugal, 
Spain and the United Kingdom, 
— on level I for the other Member States. 
PROTECTION OF HABITATS 
Article 4 
Member States shall take the requisite measures to 
conserve the natural and semi-natural habitats of wild 
fauna and flora, with particular attention to the habitats 
of threatened species, especially threatened species 
endemic to the European territory of the Member States, 
and threatened natural and semi-natural habitats, in 
accordance with the provisions of this Directive. 
Article 5 
1. Habitats of the species specified in accordance with 
Annex I and the types of habitat specified in accordance 
with Annex IV shall be the subject of special conser­
vation measures in order to ensure the maintenance of 
the species concerned at a satisfactory level in their area 
of natural distribution as well as the conservation of the 
habitats concerned in all the regions where they occur. 
2. Member States shall, within two years after the 
expiry of the period laid down in Article 27, classify as 
special protection areas those areas which they consider 
correspond to the criteria set out in Annex V (a). If, after 
the expiry of that period, the ten most important areas in 
the Community have not been classified by Member 
States, the remaining areas to be classified shall be iden­
tified by the Commission during the following year in 
accordance with the procedure laid down in Article 23, 
and shall be classified by the Member States accordingly 
within one year, following the decision of the 
Commission. 
3. Within, at the latest, eight years after the expiry of 
the period laid down in Article 27, Member States shall 
classify as special protection areas territories sufficient in 
number and size to ensure: 
(i) the maintenance of the species specified in 
accordance with Annex I at a satisfactory level in- all 
regions where they occur; 
(ii) the protection of the threatened habitats specified in 
- accordance with Annex IV with their associated 
fauna and flora in all regions where they occur. 
In classifying these areas, Member States shall apply in 
particular the criteria set out in Annex V (b). They shall 
at least take into account the timing and priorities set out 
in the joint programme mentioned in Article 6 (2). 
No C 247/6 Official Journal of the European Communities 21. 9. 88 
4. Member States shall send the Commission all 
relevant information on each area which they classify 
under paragraphs 2 and 3, using in particular the form 
specified in accordance with Annex VI. 
5. For the areas covered by paragraph 3, Member 
States may derogate from the criteria set out in Annex 
V (b) if on the basis of scientific evidence and environ­
mental impact assessment the authority competent for 
nature protection is satisfied that, within the area for 
which it is responsible, the coherence of the European 
network mentioned in Article 6 and its conservation 
potential for the habitats and species concerned is fully 
maintained. The reasons for such derogations shall be 
made public and notified to the Commission. 
Article 6 
1. Member States shall assist the Commission in the 
creation of a European network of classified special 
protection areas named 'Natura 2000'. The European 
network shall consist of areas classified under Directive 
79/409/EEC, as well as those classified under this 
Directive. Unless notice is given to the contrary before 
the expiry of the period laid down under Article 27, 
areas classified by the Member States under the Ramsar 
Convention shall also be considered as classified under 
this Directive. The European network shall be composed 
of areas sufficient in number and size to ensure the 
maintenance of the species specified in accordance with 
Annex 1 at a satisfactory level as well as the conservation 
of the types of habitats specified in accordance with 
Annex IV, in all regions where they occur. The 
European network should ensure that these territories 
form a coherent whole which meets the protection 
requirements of the abovementioned species and habitats 
in the geographical land and sea area to which this 
Directive applies. 
2. Within two years after the expiry of the period laid 
down in Article 27, the Commission shall adopt a joint 
programme for the development and strengthening of 
the European network in accordance with the procedure 
laid down in Article 23. The joint programme shall be 
reviewed at the end of the eight-year period specified in 
Article 5 (3). The joint programme shall furthermore 
specify the measures to be taken at the appropriate levels 
of competence by the Community and the Member 
States in order to back up the implementation of the 
Directive. Such measures may include the requirements 
for protection, training infrastructure and management 
plans, research and studies, field experiments, monitoring 
schemes and necessary resources. 
Article 7 
1. In respect of the special protection areas referred to 
in Article 5 (2) and (3), Member States shall the appro­
priate steps to avoid pollution or deterioration of habitats 
or any disturbances affecting fauna and flora, insofar as these would have significant effects, having regard to the 
objectives of this Directive, on the species or types of 
habitats for which the area has been classified. 
2. Member States shall consider in particular the 
appropriate protection status to be given to areas as 
referred to in paragraph 1, and the setting up of inte­
grated management plans in accordance with the 
ecological needs of the species and types of habitat 
concerned. A common typology for the classification of 
protected areas at European level shall be adopted in 
accordance with the procedure laid down in Article 23. 
3. Where necessary to ensure a satisfactory conser­
vation status of a species Member States shall envisage 
the re-establishment of destroyed or degraded biotopes 
or the creation of new ones. 
Article 8 
1. Outside the classified special protection areas 
referred to in Article 5 (2) and (3), Member States shall 
also strive to avoid pollution or deterioration of natural 
and semi-natural habitats. 
2. Member States shall furthermore take measures to 
ensure the protection of distinct features of the 
landscape, including in particular those specified in 
accordance with Annex VII, which are of outstanding 
local importance to wildlife. 
3. Member States may allow derogations, limited to 
the minimum area necessary, from paragraph 2 if their 
impact can be counterbalanced, so that they have no 
adverse effects on the sustainability of the biological 
systems connecting the special protection areas or on 
species whose conservation cannot be ensured solely 
through the designation of special protection areas. 
Article 9 
Member States shall assist the Commission in promoting: 
(a) common or coordinated management of trans­
frontier areas of major importance for the conser­
vation of species of wild fauna and flora specified in 
accordance with Annexes I and II or for the 
protection of the threatened habitats specified in 
accordance with Annex IV; 
(b) the maintenance of wilderness areas throughout the 
Community; 
(c) the transfer of know-how with regard to the 
management of special protection areas. 
21. 9. 88 Official Journal of the European Communities No C 247/7 
ENVIRONMENTAL IMPACT ASSESSMENT 
Article 10 
Member States shall take the necessary measures to 
incorporate safeguards in national, regional and local 
planning and development policies to ensure that damage 
to natural and semi-natural habitats and loss of wild 
fauna and flora (with particular reference to populations 
or colonies of threatened species) is avoided. 
They shall also ensure that persons involved in the 
planning and implementation of these policies, as well as 
the general public, are adequately informed as to the 
requirements of this Directive. 
Article 11 
Directive 85/337/EEC is hereby amended as follows: 
(a) The following subparagraphs are added to Article 
4(2): 
'However, all projects which are located in or are 
likely to affect the conservation potential of a special 
protection area forming part of the European 
network established under Directive ???/EEC shall 
be made subject to an assessment in accordance with 
Articles 5 to 10. 
All development plans or programmes likely to affect 
special protection areas shall be made subject to an 
equivalent assessment.' 
(b) The following subparagraph is added to Article 
6(1): 
'Member States shall ensure that the authorities 
responsible for the protection and management of 
special protection areas, and other relevant bodies 
likely to be concerned by the project, development 
plan or programme, are closely associated in the 
assessment procedures and that their final opinion is 
made public.' 
PROTECTION OF SPECIES 
Article 12 
1. Member States shall take the requisite measures to 
establish a general system of protection for animal 
species specified in accordance with Annex II (a), prohi­
biting in particular: 
(a) all forms of taking, capture and deliberate 
destruction, injury or killing; 
(b) deliberate disturbance, particularly during the period 
of breeding, rearing and hibernation, insofar as 
disturbance would be significant in relation to the 
objectives of this Directive; (c) the deliberate destruction or taking of eggs from the 
wild or the keeping of such eggs even if empty; 
(d) the keeping and sale of specimens taken from the 
wild. 
(2) The prohibitions referred to under (a), (b) and (d) 
of paragraph 1 shall apply to all life stages of the animals 
to which this Article applies. 
Article 13 
1. Member States shall take the requisite measures to 
establish a general system of protection for the plant 
species specified in accordance with Annex II (b), prohi­
biting in particular: 
(a) the picking, collecting, cutting, uprooting or 
destruction of such plants in the wild; 
(b) the keeping and sale or specimens of such species 
taken in the wild. 
2. The prohibitions referred to under (a) and (b) of 
paragraph 1 shall apply to all life stages of the plants to 
which this Article applies. 
Article 14 
1. Member States shall take the requisite measures to 
insure the protection of the wild fauna and flora species 
specified in accordance wih Annex III. 
2. Exploitation, whether commercial or otherwise, of 
the species specified in accordance with Annex III (a) 
should only be permitted of species whose population is 
shown to be stable or increasing and exploitation must 
be sustainable. Such exploitation shall be subject to a 
management plan with the aims specified in Annex VIII 
in order to keep wild populations of those species at a 
satisfactory level and to avoid causing local disap­
pearance of or serious disturbance to populations. 
3. Member States shall prohibit the uprooting of living 
wild plants specified in accordance with Annex III (b) in 
whole or in part (or the removal of their bulbs, corms, 
rhizomes and/or rootstocks in whole or in part) for 
commercial use or sale except for species: 
(a) whose population is shown to be stable or increasing, 
and 
(b) whose exploitation is sustainable. Any such exploi­
tation shall be subject to a management plan with the 
aims specified in Annex VIII. 
4. Member States shall take the requisite measures to 
prohibit the sale of and trade in plants or parts of plants 
specified in accordance with Annex III (b) (including 
their bulbs, corms, rhizomes and/or rootstocks) 
No C 247/8 Official Journal of the European Communities 21. 9. 88 
uprooted from the wild, except where exploitation is 
subject to a management plan with the aims specified in 
Annex VIII. Such measures shall cover offering or 
exposing for sale and transporting for the purpose of 
sale. 
5. Member States shall, where appropriate, take other 
measures, in particular: 
(a) closed seasons and/or other procedures regulating 
exploitation; 
(b) temporary or local prohibition of exploitation, in 
order to restore satisfactory population levels; 
(c) regulation of the sale, keeping for sale, transporting 
for sale or offering for sale of specimens. 
Article 15 
In respect of the capture or killing of wild fauna species 
specified in accordance with Annex III (a) and in cases 
where, in accordance with Article 17, derogations are 
applied to the taking, capture and killing of species 
specified in accordance with Annex II (a), Member 
States shall take measures to prohibit: 
(a) the use of the means specified in Annex IX (a); 
(b) the manufacture, sale and use of the non-selective 
devices for capture or killing listed in Annex IX (b); 
(c) any hunting from the modes of transport mentioned 
in Annex IX (c). 
Article 16 
Member States shall take the requisite measures to 
ensure that inshore fishing and protection of crops with 
nets are not detrimental to the conservation of 
threatened species specified in accordance with Annex II, 
and, as far as possible, other species of wild fauna and 
flora. 
Article 17 
1. Member States may derogate from the provisions 
of Articles 12, 13 and 14 and from the prohibition of the 
use of the means mentioned in Article 15 (a) provided 
that there is no other satisfactory solution and that the 
exception will not be detrimental to the maintenance of 
satisfactory levels of the populations concerned in their 
area of natural distribution: 
(a) for the protection of wild fauna and flora; 
(b) to prevent serious damage to crops, livestock, 
forests, fisheries, water and other forms of property; (c) in the interests of public health and safety; 
(d) for the purposes of research and education, of 
repopulation, of reintroduction and for the breeding 
necessary for these purposes, and for the artificial 
propagation of plants; 
(e) to permit, under strictly supervised conditions, on a 
selective basis and to a limited extent, the taking or 
keeping of certain wild animals and plants in small 
numbers. 
2. Member States shall report to the Commission each 
year on the derogations applied under this Article. 
3. The reports must specify: 
(a) the species which are subject to the derogation; 
(b) the means, arrangements or methods authorized for 
capture or killing; 
(c) the conditions of risk and the circumstances of time 
and place under which such derogations may be 
granted; 
(d) the authority empowered to declare that the required 
conditions obtain and to decide what means, 
arrangements or methods may be used, within what 
limits and by whom; 
(e) the controls which will be carried out. 
Article 18 
Measures taken by Member States in implementation of 
this Directive shall in no way affect their obligations 
under the provisions of Community legislation on the 
implementation in the Community of the Convention on 
international trade in endangered species of wild fauna 
and flora. 
INFORMATION 
Article 19 
1. Member States shall, at the end of the period 
specified in Article 5 (2), and every three years 
thereafter, make a full report on the implementation of 
national provisions taken under this Directive. This 
report shall be made available to the public and 
forwarded to the Commission. 
2. The Commission shall prepare a composite report 
based on the information referred to in paragraph 1 and 
on research results obtained within the Community envi­
ronmental R&D programme. This report shall include 
an appropriate evaluation of progress achieved under the 
Directive. That part of the draft report covering the 
21. 9. 88 Official Journal of the European Communities No C 247/9 
information supplied by a Member State shall be 
forwarded to the authorities of the Member State in 
question for verification. The final version of the report 
shall be published by the Commission and forwarded to 
the Member States, the Parliament and the Council. 
3. Each year the Commission shall publish in the 
Official Journal of the European Communities the list of 
classified areas communicated by Member States. 
Member States shall ensure that area classified under this 
Directive are clearly marked by notices specified in 
accordance with Annex X. 
RESEARCH 
Article 20 
1. Member States shall encourage research and any 
work required as a basis for the protection, management 
and use of the populations of all species of wild fauna 
and flora referred to in Article 1. 
2. Particular attention shall be paid to research and 
work on the subjects specified in accordance with Annex 
XI, and transnational cooperative research shall be 
encouraged. Member States shall provide the 
Commission with any information required to enable it 
to take appropriate measures for the coordination of the 
research and work referred to in this Article. 
3. Member States and the Commission shall promote 
multidisciplinary analysis and evaluation with a view to 
increasing scientifically — based knowledge to which the 
measures carried out under this Directive can be 
anchored. Such information should be made available to 
the public. 
AMENDMENT PROCEDURE 
Article 21 
Any amendment to Articles of this Directive shall, in 
accordance with the second paragraph of Article 130s of 
the Treaty, be decided by the Council by qualified 
majority. 
Article 22 
1. Where Articles of this Directive provide for the 
specification of matters in accordance with the Annexes, 
these matters shall be adopted in accordance with the 
procedure laid down in Article 23 within one year 
following the notification of the Directive. 
2. Such amendments as are necessary for adapting the 
Annexes to technical and scientific progress shall be 
adopted in accordance with the procedure laid down in 
Article 23. Article 23 
1. The Commission shall be assisted by a committee 
for the adaptation of this directive to technical and 
scientific progress consisting of representatives of the 
Member States and chaired by a representative of the 
Commission. 
2. The representative of the Commission shall submit 
to the committee a draft of the measures to be taken. 
The committee shall deliver its opinion on the draft 
within a time limit which the chairman may lay down 
according to the urgency of the matter. The opinion 
shall be delivered by the majority laid down in Article 
148 (2) of the Treaty in the case of decisions which the 
Council is required to adopt on a proposal from the 
Commission. The votes of the representatives of the 
Member States within the committee shall be weighted in 
the manner set out in that Article. The chairman shall 
not vote. 
3. The Commission shall adopt measures which shall 
apply immediately. However, if these measures are not in 
accordance with the opinion of the committee, they shall 
be communicated by the Commission to the Council 
forthwith. In that event: 
— the Commission may defer application of the 
measures which it has decided for a period of not 
more than one month from the date of such 
communication; 
— the Council, acting by a qualified majority, may take 
a different decision within that period. 
MONITORING 
Article 24 
1. Member States shall take all necessary measures to 
ensure the monitoring of the biological communities and 
the populations of species specified in accordance with 
Annex I and in the areas classified under Article 5. 
Member States shall send the Commission the infor­
mation resulting from monitoring, so that it may take 
appropriate initiatives with a view to the coordination 
necessary to ensure the fulfilment of the objectives of 
this Directive. 
2. The Community and the Member States shall 
cooperate to ensure consistency of monitoring and 
measurement methods. 
SUPPLEMENTARY PROVISIONS 
Article 25 
In implementing the provisions of this Directive, Member 
States shall: 
(a) encourage the reintroduction of native species of 
wild flora and fauna when this would contribute to 
conservation, provided that an investigation also in 
No C 247/10 Official Journal of the European Communities 21.9. 88 
the light of the experiences of other Member States 
or elsewhere has established that such reintroduction 
would be effective and acceptable; 
(b) ensure that the introduction into the wild of any 
species which do not occur naturally in the wild state 
in that region does not prejudice the local fauna and 
flora or its natural habitats. In this connection they 
shall consult the Commission; 
(c) promote education and general information on the 
need to conserve species of wild fauna and flora and 
their habitats. 
Article 26 
Application of measures taken pursuant to this Directive 
shall not lead to any deterioration in the present 
situation as regards the conservation of species and communities of wild fauna and flora referred to in 
Article 1. 
Article 27 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive within two years of its notifi­
cation. They shall forthwith inform the Commission 
thereof. 
2. Member States shall communicate to the 
Commission the texts of the provisions of national law 
which they adopt in the field governed by this Directive. 
Article 28 
This Directive is addressed to the Member States. 
ANNEX I 
The animals and plants to be specified under this Annex are those whose habitats are threatened in the 
Community 
(a) animals 
(b) plants 
ANNEX II 
The species of animals and plants to be specified under this Annex are those which are threatened in the 
Community 
(a) animals 
(b) plants 
ANNEX III 
The animals and plants to be specified under this Annex are those whose exploitation should be subject to a 
management plan 
(a) animals 
(b) plants 
ANNEX IV 
The natural and semi-natural habitats to be specified under this Annex are those that are threatenes in the 
Community 
21. 9. 88 Official Journal of the European Communities No C 247/11 
ANNEX V(a) 
Criteria for classification of areas as special protection areas of European significance for nature conser­
vation to be applied within the first two years after entry into force of the Directive 
The criteria for the classification of areas as special protection areas of importance for nature conservation 
at Community level are: 
criterion (1) the presence of threatened species of animals or plants; 
criterion (2) the presence of threatened habitats. 
For application of criterion (1), at least those areas should be classified which meet one or both of the 
following conditions: 
— they are among the 10 most important areas in the Community for the conservation of each of the 
species specified in accordance with Annex I; 
— they are among the two most important areas in a region for the conservation of the species 
specified in accordance with Annex I insofar as that region contains areas of regional significance 
for those species. 
For the purpose of assessing the importance of areas, size of the area, population harboured and 
perennity shall be used. 
For application of criterion (2), at least those areas should be classified which meet one or both of the 
following conditions: 
— they are among the 10 most important areas in the Community for the conservation of each of the 
habitat types specified in accordance with Annex IV; 
— they are among the two most important areas in a region for the conservation of each of the 
habitat types specified in accordance with Annex IV insofar as that region contains areas of 
regional significance for that habitat type. Size and representativity shall be used to assess 
importance of the areas. 
ANNEX V(b) 
Criteria for classification of areas as special protection areas of European significance for nature conser­
vation 
The criteria for the classification of areas as special protection areas of importance for nature conservation 
at Community level are based on: 
criterion (1) the presence of threatened species of plants or animals; 
criterions (2) the presence of threatened habitats; 
criterions (3) the richness of the area for a taxonomic group (order, family). 
For application of criterion (1) at least those areas should be classified which meet one or both of the 
following conditions: 
— they are among the 100 most important areas in the Community for the conservation of each of 
the species specified in accordance with Annex I; 
— they are among the five most important areas in a region for the conservation of each of the 
species specified in accordance with Annex I insofar as that region contains areas of regional 
significance for those species. 
For the purpose of assessing the importance of areas, size of the area, population harboured and 
perennity shall be used. 
For application of criterion (2) at least those areas should be classified which meet one or both of the 
following conditions: 
they are among the 100 most important areas in the Community for the conservation of each of 
the habitat types specified in accordance with Annex IV. 
No C 247/12 Official Journal of the European Communities 21.9. 88 
— they are among the five most important areas in a region for the conservation of each of the 
habitat types specified in accordance with Annex IV insofar as that region contains areas of 
regional significance for that habitat type. Size and representativity of the areas shall be used to 
assess their importance. 
Member States may classify less than five areas in a region or, in the case of species specified in 
accordance with Annex I where the whole Community population is concentrated in their territory, 
less than 100 areas if: 
(a) no unclassified area is more important than others already classified in the same region, and 
(b) more than half of the areas that could qualify have been classified in a region, and 
(c) more than half of the regional population of the species is harboured in special protection areas. 
In cases of species and types of habitats with very limited distribution involving more than one 
Member State, decisions as to how to apply the criteria will be taken in accordance with the 
procedure laid down in Article 23. 
For criterion (3) areas should be included in addition to those which satisfy criterion (1) or criterion 
(2) if they are exceptionally rich in significant species of one or several taxonomic groups. 
ANNEX VI 
The information to be specified for the transmission of data about the classification of special protection 
areas 
ANNEX VII 
The types of distinct landscape features to be specified under this Annex are those of outstanding local 
importance to wildlife 
ANNEX VIII 
Management plan for exploitable species of wild fauna and flora specified in accordance with Annexes III 
(a) and III (b) 
The management plan mentioned in Article 14, paragraph 2, must aim to ensure: 
(a) that exploitation is sustainable, 
(b) that exploitation will be properly regulated, monitored and annually re-assessed to ensure that the 
population is remaining stable or increasing, 
(c) that exploitation will not affect the capacity of populations of the exploited species at individual 
localities to recover from natural or artifical losses. 
ANNEX IX 
Prohibited methods and means of capture and killing and modes of transport 
MAMMALS 
(a) — snares, 
— live animals used as decoys which are blind or mutilated, 
— tape recorders, 
— electrical devices capable of killing or stunning, 
21. 9. 88 Official Journal of the European Communities No C 247/13 
— artificial light sources, 
— mirrors and other dazzling devices, 
— devices for illuminating targets, 
— sighting devices for night shooting comprising an electronic image magnifier or image converter, 
— explosives, 
— nets ('), 
— traps (l), 
— crossbows, 
— poisons and poisoned or anaesthetic bait, 
— gassing or smoking out, 
— semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of 
ammunition; 
(b) — leghold trap, 
— self-locking body snare; 
(c) — aircraft, 
— motor vehicles in motion; 
FISH 
(a) — poison 
— explosives 
(l) If applied for large-scale or non-selective capture or killing. 
ANNEX X 
The notices to be specified under this Annex should show the classification of areas as special protection 
areas 
ANNEX XI 
The research to be specified under this Annex should provide a basis for the protection, management and 
use of all species of wild fauna and flora referred to in Article 1