Report from the Commission on the implementation of directive 79/409/EEC on the conservation of wild birds - Part I - Composite Report on Overall Progress Achieved - Update for 1999-2001
Date: 2006-04-12
Institutions: European Commission
Subjects: EC Directive, application of EU law, bird, protected species, protection of animal life, report

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.4.2006 
COM(2006) 164 final 

REPORT FROM THE COMMISSION 

ON THE IMPLEMENTATION OF DIRECTIVE 79/409/EEC ON THE 
CONSERVATION OF WILD BIRDS 

Part I Composite Report on Overall Progress Achieved 
Update for 1999-2001 

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TABLE OF CONTENTS 

1. 

1.1. 

1.2. 

1.3. 

2. 

2.1. 

2.2. 

Introduction .................................................................................................................. 3 

Background to this report............................................................................................. 3 

The reporting process established in the Directive ...................................................... 3 

Structure of the report .................................................................................................. 3 

The Birds Directive 79/409/EEC ................................................................................. 3 

Aims of the Directive ................................................................................................... 3 

Main provisions of the Directive.................................................................................. 4 

2.2.1.  Transposition: New national legislation ...................................................................... 4 

2.2.2.  Protection of habitats (Art. 3): Site designation progress ............................................ 4 

2.2.3.  Protection of habitats (Art. 3 & 4): Measures taken in SPAs ...................................... 5 

2.2.4.  Protection of habitats (Art. 3 & 4): Measures taken outside SPAs.............................. 5 

2.2.5.  General system of protection for birds (Art. 5)............................................................ 6 

2.2.6.  The authorisation of sales, transport and keeping of birds (Art. 6).............................. 6 

2.2.7.  The exploitation of species (Art. 7): Hunting .............................................................. 6 

2.2.8.  Prohibited means (Art. 8)............................................................................................. 7 

2.2.9.  Derogations (Art. 9) ..................................................................................................... 7 

2.2.10.  Other supporting measures and provisions: research (Art. 10).................................... 8 

2.2.11.  Introduction of non-native species (Art 11) ................................................................. 8 

2.2.12.  Public awareness and capacity building....................................................................... 8 

3. 

Conclusions .................................................................................................................. 9 

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1. 

INTRODUCTION 

1.1. 

Background to this report 

Council  Directive  79/409/EEC  on  the  conservation  of  wild  birds,  the  so-called  ‘Birds 
Directive’,  adopted  in  April  1979  was  the  first  EU  law  designed  to  focus  on  the  long-term 
preservation  of  all  wild  bird  species  in  the  European  Union.  It  identifies  181  endangered 
species  and  sub-species  for  special  care.  Member  States  are  responsible  for  designating 
Special  Protection  Areas  (SPAs),  and  particularly  for  the  conservation  of  migratory  birds, 
which are a natural asset shared by all Europeans. 

1.2. 

The reporting process established in the Directive 

This report has been drawn up on the basis of the information provided in the national three-
year  reports  by  the  Member  States  pursuant  to  Article  12  of  the  Directive.  It  covers 
implementation efforts over the reporting period 1999 - 2001. 

The  report  is  confined  to  significant  changes  as  compared  with  the  previous  situation,  as 
described  in  the  document  "Report  on  the  application  of  Directive  79/409/EEC  on  the 
conservation of wild birds: Update for 1996-1998". 

1.3. 

Structure of the report 

This  report  is  presented  into  two  parts,  Part  I  providing  for  EU-15  a  summary  of  progress 
achieved, particularly in relation to the main aims and provisions of the Directive, which are 
briefly  outlined.  Part  II  contains  a  summary  of  national  reports  of  Member  States’ 
implementation  efforts  over  the  period  1999-2001,  as  required  under  Article  12  of  the 
Directive. PART II of the report covering the information supplied by the Member States has 
been verified by the authorities of the Member States according to article 12 § 2. 

2. 

THE BIRDS DIRECTIVE 79/409/EEC 

2.1. 

Aims of the Directive 

The main aim of the Birds Directive1, is the long-term conservation of all wild bird species in 
the  European  Union.  For  the  EU-15,  it  identifies  a  list  of  181  endangered  species  and  sub-
species  for  special  care  (Annex  I).  Member  States  are  responsible  for  designating  Special 
Protection Areas (SPAs), and particularly for the conservation of migratory birds, which are a 
natural asset shared by all Europeans. 

1 

Directive  79/409/EEC  (OJ  L  103,  25/04/1979)  as  amended  by  Directive  81/854/EEC  (OJ  L  319, 
07/11/1981, p. 3), Directive 85/411/EEC (OJ L 233, 30/08/1985, p. 33), Directive 86/122/EEC (OJ L 
100, 16/04/1986, p. 22), Directive 91/244/EEC (OJ L 115, 08/05/1991, p. 41), Directive 94/24/EEC (OJ 
L  164,  30/06/1991,  p.  9)  and  the  acts  relating  to  the  accession  of  Greece,  Spain,  Portugal,  Austria, 
Sweden and Finland (OJ L 302, 15.11.1985, p. 221 & OJ L 291, 19.11.1979, p. 17). 

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2.2.  Main provisions of the Directive 

The  Bird  Directive  establishes,  pursuant  to  Article  1,  a  general  system  of  protection  for  all 
species of birds naturally occurring in the wild state in the European territory of the Member 
States  that  is  covered  by  the  Treaty  (with  the  exclusion  of  Greenland).  The  purpose  of  the 
Directive  is  to  protect  and  manage  these  species  and  to  regulate  the  hunting  and  capture  of 
such species. It concerns wild birds as well as their eggs, nests and habitats. Article 2 sets the 
objective of protecting all of these bird species and links this objective with their ecological 
needs  and  the  scientific,  cultural,  recreational  and  economic  requirements  of  the  general 
public. 

The Directive focuses on two major themes: the protection of habitats as required by Articles 
3 and 4 and hunting, capture, killing and sale as regulated by Articles 5 to 9. 

Article 10 seeks to encourage the development of research into the protection of wild birds by 
the Member States. 

Article  11  provides  that  Member  States  are  to  ensure  that  any  introduction  of  non-native 
species does not prejudice the local flora and fauna. 

Article  12  requires  Member  States  to  forward  to  the  Commission  a  report  on  the 
implementation of national provisions introduced under the Directive.  

Measures  taken  pursuant  to  the  Directive  must  not  lead  to  deterioration  in  the  situation  as 
regards  the  conservation  of  species  of  naturally  occurring  birds  in  the  wild  state  in  the 
European territory of the Member States (Article 13) and the Member States may introduce 
stricter protective measures than those provided for under the Directive (Article 14).  

Articles  15  to  19  are  procedural  Articles  providing  in  particular  for  the  setting  up  of  an 
advisory committee for adapting the Directive to technical and scientific progress in order to 
make possible whatever changes are necessary, lay down procedures and fix reporting dates. 

2.2.1.  Transposition: New national legislation 

Legal requirements 

EU-15 Summary 

The  Member  States  had  to  bring  into  force  the  laws,  regulations  and 
administrative provisions necessary to comply with the Directive by 1981. 
The texts of the main provisions of national law are to be communicated to 
the Commission. 

There were no major overhauls of legislation during the period, although 
most  Member  States  report  some  changes.  In  many  cases,  these  relate  to 
secondary  legislation  concerning  specific  conditions  for  hunting,  impact 
assessment,  and  the  keeping  of  birds.  Changes  to  UK  legislation 
strengthened powers of enforcement and penalties for illegal activities. 

2.2.2.  Protection of habitats (Art. 3): Site designation progress 

Legal requirements  Article 3 and 4 require Member States to preserve, maintain or re-establish a 
sufficient diversity and area of habitats. In particular, Article 4 specifies that 

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2.2.2.  Protection of habitats (Art. 3): Site designation progress 

EU-15 Summary 

the most suitable territories in number and size shall be classified as Special 
Protection Areas (SPAs). 

Most  Member  States  have  added  new  SPAs  to  their  national  lists,  and/or 
extending the area of existing SPAs. In some cases, significant additions have 
been  made  to  the  SPA  suite  (eg  Italy,  Netherlands,  Portugal,  Spain  and 
Sweden).  Only  Belgium  reports  the  removal  of  an  area,  which  was 
subsequently compensated in other regions. Finland has reduced a number of 
SPAs  in  size,  however.  Consideration  is  being  given  to  the  classification  or 
extension  of  marine  or  coastal  SPAs,  by  Belgium  and  Ireland.  The  UK 
concluded  a  detailed  review  of  SPAs,  but  the  results  of  that  review  are  not 
detailed. 

2.2.3.  Protection of habitats (Art. 3 & 4): Measures taken in SPAs 

Legal requirements  Article 3 expresses the necessity to preserve, maintain or recover bird habitats 
of  a  sufficient  diversity  and  area.  It  provides  for  an  approach  based  on  two 
lines of action: i) creating protected and managed areas, and ii) re-establishing 
and improving habitats. Article 4 describes the protective steps to be taken to 
ensure  that  habitats  are  suitable  for  a  number  of  vulnerable  species  listed  in 
Annex I and for migratory species. Like Article 3 it relies on measures taken 
throughout the territory as well as in the network of protected areas. 

EU-15 Summary 

LIFE  projects  have  played  a  role  in  some  Member  States,  most  obviously 
Finland.  Measures  include  agri-environment  and  management  schemes 
(Germany, Spain, Finland, Netherlands, UK), and land acquisition (Portugal). 
Management  plans  are  in  place  in  many  Member  States  (Italy,  Portugal), 
although  not  comprehensively  (Netherlands).  Finland  alone  emphasises  the 
role of restoration plans. 

2.2.4.  Protection of habitats (Art. 3 & 4): Measures taken outside SPAs 

Legal requirements  Article 3 expresses the necessity to preserve, maintain or recover bird habitats 
of  a  sufficient  diversity  and  area.  It  provides  for  an  approach  based  on  two 
lines of action: i) creating protected and managed areas, and ii) re-establishing 
and improving habitats. Article 4 describes the protective steps to be taken to 
ensure  that  habitats  are  suitable  for  a  number  of  vulnerable  species  listed  in 
Annex I and for migratory species. Like Article 3 it relies on measures taken 
throughout the territory as well as in SPAs. 

EU-15 Summary 

Most countries refer to the use of contractual and agri-environment measures 
(Belgium,  Austria,  Germany,  Ireland,  Italy,  Netherlands,  Portugal,  Spain, 
Sweden, UK). These and other initiatives are targeted at the management and 
restoration  of  various  habitats  eg  meadows,  moorland,  grassland,  heathland, 

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2.2.4.  Protection of habitats (Art. 3 & 4): Measures taken outside SPAs 

oakwoods,  wetlands,  native  woodlands.  Landscape  features  are  also  targeted 
in some cases. Land purchase is used in some cases, notably for bog. 

2.2.5.  General system of protection for birds (Art. 5) 

Legal requirements  Article  5  establishes  a  general  system  of  protection  by  prohibiting  the 
deliberate killing or capture of birds, the deliberate destruction or damage of 
nests and eggs, the taking and keeping of eggs, the deliberate disturbance of 
birds particularly during the period of breeding and rearing of young, and the 
keeping of specimen of species which are not allowed to be hunted. 

EU-15 Summary 

In  Austria,  Finland,  Italy,  Netherlands,  Spain,  Sweden  and  the  UK  species 
management plans or strategies are in place, but in most cases just for a very 
limited number of species. The UK report refers to the most action plans - 26, 
and  also  details  other  conservation  efforts  aimed  at  6  species.  Spain  has 
established  management  strategies  for  just  two  species  but  has  set  up  a 
number  of  working  groups  to  address  species  and  related  issues.  In  several 
countries  (Belgium,  Denmark,  France,  Germany,  Ireland  and  Sweden), 
legislation  has  been  reinforced,  in  order  to  extend  the  level  of  protection 
offered  against  intentional  capture,  disturbance,  destruction  and  collection  of 
eggs, etc. In Ireland, licences are now required for additional activities which 
should limit the risk of disturbance. LIFE projects are only mentioned in the 
case of the UK and Portugal. 

2.2.6.  The authorisation of sales, transport and keeping of birds (Art. 6) 

Legal requirements  Article 6 prohibits the sale, transport for sale and keeping for  sale of live or 
dead  birds  or  any  parts  of  birds  of  the  species  covered  by  the  Directive, 
including  those  which  may  be  hunted  or  captured,  other  than  those  listed  in 
Annex III (1). Should the Member State wish to authorise such activities for 
species listed in Annex III (2), making provisions for certain restrictions and 
provided  the  bird  has  been  legally  killed,  it  has  to  consult  the  Commission 
first.  

EU-15 Summary 

The UK report details the level of inspections and of successful prosecutions 
for  illegally  keeping  birds.  Apart  from  this,  only  Ireland,  Italy,  Belgium  and 
Austria report on the issue of sales and keeping of birds.  

2.2.7.  The exploitation of species (Art. 7): Hunting 

Legal requirements  Article  7  authorises  hunting,  including  falconry,  limiting  exploitation  to 
species listed in Annex II. Hunting should be carried out in compliance with 
the  national  measures  in  force  and  with  the  principles  of  wise  use  and 
ecologically  balanced  control  of  species  of  birds.  Hunting  must  further  not 
jeopardise  conservation  measures  elsewhere  (compatible  with  Art.  2),  and  is 

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2.2.7.  The exploitation of species (Art. 7): Hunting 

to  be  restricted  during  critical  periods  of  the  species'  lifecycle  (eg  period  of 
reproduction). 

EU-15 Summary 

Some changes have been introduced to national or regional hunting legislation 
(Denmark,  France,  Finland,  Greece,  Portugal,  Spain,  Sweden,  the  UK  -
Scotland).  In  several  cases  (eg  Belgium  - Flemish  Region,  Italy,  Ireland, 
Greece), hunting is regulated on an annual basis, although it is not self-evident 
on  what  basis  these  permits  are  issued  and  whether  they  fully  respect  the 
Directive. 

2.2.8.  Prohibited means (Art. 8) 

Legal requirements  All  means  of  large-scale  or  non-selective  capture  or  killing  of  birds  is 

prohibited. 

EU-15 Summary 

Most  Member  States  report  on  the  legal  situation  as  regards  permitted 
methods  of  capture  or  killing,  with  some  simply  referring  to  the  legal  text
without  specifying  its  content.  None  of  the  countries  indicate  whether  there 
are problems with practical implementation of the legislation. 

2.2.9.  Derogations (Art. 9) 

Legal requirements  Article  9  provides  for  the  possibility  of  derogation  from  the  Articles  on 
exploitation  where  there  is  no  other  satisfactory  solution.  Derogations  are 
possible  i)  in  the  interest  of  public  health  and  safety,  in  the  interest  of  air 
safety,  to  prevent  serious  damage  to  crops,  livestock,  forests,  fisheries  and 
water, and for the protection of flora and fauna; ii) for the purpose of research 
and  teaching,  of  re-population,  of  re-introduction  and  for  the  breeding 
necessary  for  these  purposes;  iii)  to  permit,  under  strictly  supervised 
conditions and on a selective basis, the capture, keeping or other judicious use 
of certain birds in small numbers. The Member States have to provide certain 
information 
the 
implementation  of  this  Article.  On  the  basis  of  this  information  the 
Commission has to ensure that the consequences of these derogations are not 
incompatible with the Directive. 

the  Commission  and  send  a  yearly  report  on 

to 

EU-15 Summary 

Derogations  are  given  for  a  range  of  reasons,  including  avoidance  of  crop 
damage, disease control, air safety, negative impacts from non-native species, 
education and science. In Finland 121 derogations have been given, mainly for 
research  and  teaching.  One  stork  was  also  captured,  and  kept  in  a  zoo 
(Finland).  The  cormorant  is  mentioned  in  some  national  reports  (Austria, 
France  and  Ireland).  The most  immediately  notable  derogations  concern  7 
species  in  Italy,  affecting  80,000  birds.  Only  Sweden  refers  to  the  need  for 

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2.2.9.  Derogations (Art. 9) 

derogations to be compatible with favourable conservation status. 

2.2.10.  Other supporting measures and provisions: research (Art. 10) 

Legal requirements  Article  10  requires  Member  States  to  carry  out  research  work  for  the 
protection, management and exploitation of bird populations. Priorities for this 
are established in Annex V of the Directive. 

EU-15 Summary 

The  list  of  research projects  is  long  and  varied.  Most  frequently  listed  are 
breeding  bird  censuses,  waterbird  counts,  bird  ringing  schemes,  research 
considering habitat requirements/choice, bird distribution and inventories, and 
research considering monitoring and management programmes. 

2.2.11.  Introduction of non-native species (Art 11) 

Legal requirements  Under Article 11, the Member States have to consult the Commission on any 
introduction of species of birds which do not occur naturally in the wild state. 
The introduction can only go ahead if it does not prejudice the local flora and 
fauna. 

EU-15 Summary 

No new introductions are reported. The Ruddy duck features most frequently 
in national reports, as a non-native species (Ireland, Spain, Sweden and UK). 
In  Spain,  control  measures  appear  to  have  been  effective  with  no  hybrids 
sighted  for  over  a  year;  in  Sweden  and  Ireland  hunting  is  a  means  of 
controlling numbers; in the UK, a limited control trial is underway to establish 
whether  it  is  feasible  to  eradicate  the  species  entirely.  A  number  of  other 
species  are  causing  some  concern,  notably  geese  in  the  UK  and  Ireland. 
Monitoring  schemes  are  in  place  for  non-native  species  in  Italy  (110  non-
native  species)  and  the  UK  (introduced  species  with  small  breeding 
populations; non-native, non-breeding waterfowl and hybrids).  

2.2.12.  Public awareness and capacity building 

Legal requirements  None 

EU-15 Summary 

Birds Atlas, teaching and training materials, leaflets, conferences, help desks, 
national reference documents, etc. 

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3. 

CONCLUSIONS 

The  purpose  of  this  report  is  to  support  the  assessment  of  the  Community’s  progress  in 
implementing  the  Birds  Directive,  with  information  from  the  Member  States  on  the 
implementation of the national provisions taken under the Directive. This, in conjunction with 
information  on  the  status  and  trends  of  bird  populations  and  their  habitats,  and  associated 
pressures,  impacts  and  socio-economic  drivers,  has  contributed  to  an  assessment  of  the 
effectiveness of the Directive2. 

Today, over 3,000 SPAs have been classified, covering nearly 8% of EU terrestrial territory 
as  well  as  an  additional  significant  marine  area  of  over  2.7  million  hectare,  although,  only 
four countries (Belgium, Denmark, Luxembourg and the Netherlands) have largely completed 
their contribution to the SPA network. Also, the percentage of national territory designated as 
SPAs varies widely from less than 2 % in France to over 15 % in Spain. The protection and 
conservation management of these sites, especially wetlands, combined with the development 
of  species  action  plans,  has  resulted  in  that  the  populations  of  some  severely  threatened 
species are recovering. But action varies from country to country, and some  important sites 
are still not protected. 

There  is  still  some  controversy  and  confrontation  over  the  compatibility  of  some  Member 
States’ hunting regimes and practices with the Directive. In some countries, notably France, 
Spain  and  Italy,  conflicts  are  longstanding,  and  this  situation  has  been  accompanied  by 
extensive  litigation  on  the  subject.  The  controversy  surrounding  hunting  has  demanded  an 
improved  and  mutual  understanding  of  the  provisions  of  the  Directive  at  several  levels  and 
greater dialogue with those engaged in hunting. 

In  conclusion,  accelerated  efforts  are  needed  for  the  Directive  to  fulfil  its  objective  of 
maintaining  Europe’s  wild  bird  species,  and  to  ensure  that  the  Directive  makes  a  proper 
contribution to the EU’s objective of halting the loss of biodiversity by 2010, as agreed at the 
Göteborg  European  Council  and  set  out  in  the  Sixth  Environment  Action  Programme 
(Decision 1600/2002). 

2 

“25 years of the Birds Directive: Challenges for 25 countries”, DG Environment report, October 2004 

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