Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union on submitting proposals for amendment of Appendices II and III of the Convention on the Conservation of European wildlife and natural habitats with a view to the meeting of the Standing Committee of the Convention
Date: 2023-12-20
Institutions: Directorate-General for Environment, European Commission
Subjects: European convention, biotope, environmental cooperation, protected area, protected species, protection of animal life, protection of plant life, revision of an agreement, standing committee (EU), wolf

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   EUROPEAN COMMISSION  Brussels, 20.12.2023  COM(2023) 799 final 2023/0469 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union on submitting proposals for amendment of Appendices II and III of the Convention on the Conservation of European wildlife and natural habitats with a view to the meeting of the Standing Committee of the Convention   
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal for a Council Decision concerns the proposal to be presented on behalf of the 
Union for amendment of Appendix II and Appendix III of the Convention on the conservation 
of European wildlife and natural habitats (Bern Convention) with respect  to the wolf (Canis 
lupus),  as  well  as  the  position  to  be  taken  on  the  Union's  behalf  on  that  proposal  in  the 
meeting of the Standing Committee of the Convention.  

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Convention on the conservation of European wildlife and natural habitats 

The  1979  Convention  on  the  conservation  of  European  wildlife  and  natural  habitats  (Bern 
Convention)  ("the  Convention")  aims  to  conserve  European  wild  flora  and  fauna  and  their 
natural  habitats,  especially  those  whose  conservation  requires  the  co-operation  of  several 
States. It is an intergovernmental treaty, concluded under the aegis of the Council of Europe. 
The  Convention  entered  into  force  on  1  June  1982.  The  European  Union  is  a  Contracting 
Party  to  this  Convention  since  1  September  19821.  As  from  April  2024,  there  will  be  502 
Contracting Parties to the Convention, including all EU Member States.  

2.2. 

The Standing Committee 

The Standing Committee is the decision-making organ of the Convention, having powers to 
assess  the  conservation  status  of  species3  and,  subsequently,  to  review  their  listing  in  the 
Appendices  of  the  Convention.  Its  functions  are  enumerated  in  Articles  13-15  of  the 
Convention, including concerning potential amendments to the text of the Convention or its 
Appendices. 

It  meets  at  least  every  two  years  and  whenever  a  majority  of  the  Contracting  Parties  so 
requests. It has been the practice in the past 40 years for the Standing Committee to meet at 
the  end  of  each  calendar  year.  The  next  ordinary  meeting  of  the  Standing  Committee  (44th 
meeting) will take place on 2-6 December 2024.  

If  the  Council  adopts  the  proposed  decision,  the  Union  could  request  and  obtain  an 
exceptional meeting of the Standing Committee pursuant to Article 13(4) of the Convention 
and Rule 1B of the Rules of Procedure of the Standing Committee, since it holds the required 
majority of Parties. The meeting could take place at the end of the first semester of 2024 and 
should be convened at least six weeks before the date fixed for the opening of the meeting. 

2.3. 

The envisaged acts of the Standing Committee 

The purpose of the proposed decision is to propose, on behalf of the Union, an amendment to 
Appendix  II  and  Appendix  III  of  the  Convention,  namely  the  lowering  of  the  level  of 
protection of the wolf (Canis lupus) species by moving it from Appendix II (strictly protected 
fauna species) to Appendix III (protected fauna species). 

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Council  Decision  82/72/EEC  of  3  December  1981  on  the  conclusion  on  behalf  of  the  Community  of  the  Convention  on  the 
Conservation of European Wildlife and Natural Habitats, OJ L 38, 10.2.1982, p. 1. 
On 5th September 2023, Belarus notified it denounces the Bern Convention. In application of Article 23.2 of the Convention, the 
denunciation will become effective as of 1st April 2024. 
Article  14.1  of  the  Bern  Convention:”  ….  keep  under  review  the  provisions  of  this  Convention,  including  its  appendices,  and 
examine any modifications necessary”. 

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It is proposed that the Union submits the amendment proposal in view of the 44th meeting of 
the Standing Committee, or of any earlier exceptional meeting that the Union may request. In 
line with Article 17 of the Convention, the deadline for submitting amendment proposals is at 
least two months prior to the date of the Standing Committee meeting. 

In accordance with Article 17 of the  Convention, an amendment to the Appendices requires 
adoption  by  a  two-thirds  majority  of  the  Contracting  Parties.  Unless  one-third  of  the 
Contracting  Parties  have  notified  objections,  an  amendment  enters  into  force  three  months 
after the adoption date, for those Contracting Parties which have not notified objections. 

The  Union’s  position  with  respect  to  proposing  amendments  to  the  Appendices  to  the 
Convention (and adopting them in the Standing Committee) is established by a decision of the 
Council, based on a proposal from the Commission, pursuant to Article 218(9) TFEU, since 
such amendments will have legal effects on the Union. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3.1. 

The current legal status of the wolf (Canis lupus) under the Bern Convention 

The initial listing of animal species in Appendix II or III was based on the available scientific 
data  at  the  time  of  negotiation  of  the  Convention  in  1979  and  the  lists  of  mammals,  birds, 
amphibians, and reptiles threatened in Europe, drawn up by the European Committee for the 
Conservation of Nature and Natural Resources under the Council of Europe4. Article 1(2) of 
the  Convention  provides  that  “particular  emphasis  is  given  to  endangered  and  vulnerable 
species”5.  

The  wolf  (Canis  lupus)  species  has  been  listed  in  Appendix  II  of  the  Convention  (strictly 
protected species) since its entry into force in 1982. Twelve individual Parties (nine of which 
are EU Member States) have availed themselves of the possibility to file reservations pursuant 
to  Article  22  with  respect  to  the  listing  of  the  wolf  species  at  the  time  of  signature  or 
ratification  of  the  treaty  (Bulgaria,  Czechia,  Finland,  Latvia,  Lithuania,  North  Macedonia, 
Poland,  Slovenia,  Slovakia,  Spain,  Turkey  and  Ukraine).  More  specifically  as  regards  EU 
Member  States,  Finland,  Latvia,  Poland,  Czechia,  Slovakia,  Slovenia  and  Bulgaria  entered 
full  reservations  against  any  protection  for  the  wolf  species,  whereas  Lithuania  and  Spain 
entered  a  reservation  against  strict  protection  of  the  wolf  pursuant  to  Appendix  II,  but 
committed  to  the  protection  pursuant  to  Appendix  III,  allowing  for  the  sustainable 
management of the wolf. 

Since  2006,  Switzerland  has  proposed  on  three  occasions  (2006,  2018  and  2022)  the 
downlisting of the wolf species and therefore all wolf populations covered by the Convention 
from  Appendix  II to  Appendix  III  of  the Convention.  These  proposals  were  not  adopted by 
the Standing Committee, due to insufficient support among the Contracting Parties. 

The  European  Parliament,  in  its  resolution  of  24  November  2022  on  the  protection  of 
livestock farming and large carnivores in Europe6,  welcomed the fact that the item ‘Proposal 
for amendment: Downlisting of the wolf (Canis lupus) from Appendix II to Appendix III of 
the  Convention’  had  been  included  on  the  agenda  of  the  42nd  meeting  of  the  Standing 
Committee of the Bern Convention and emphasised that the conservation status of the wolf at 

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report 

See  Explanatory 
to 
(https://rm.coe.int/16800ca431) 
Article 1(2) of the Bern Convention (https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=104) 
European Parliament resolution 2022/2952(RSP) (https://www.europarl.europa.eu/doceo/document/TA-9-2022-0423_EN.html)    

the  conservation  of  European  wildlife  and  natural  habitats 

the  Convention  on 

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pan-European  level  justifies  a  mitigation  of  the  protection  status  and  consequently  the 
adoption of the proposed amendment. 

3.2. 

Considerations  for  proposing  to  move  the  wolf  (Canis  lupus)  species  from 
Appendix II (strictly protected fauna species) to Appendix III (protected fauna 
species) of the Convention 

The Bern Convention does not set out explicitly which criteria govern the listing in Appendix 
II  or  III.  Recommendation  No.  56  (1997)7  of  the  Standing  Committee  of  the  Convention 
provides guidelines for listings under Appendices I and II of the Convention. These guidelines 
recommend  that  Contracting  Parties  take  into  account  the  following  when  proposing 
amendments of Appendix II: 

“1. Threat. Account will be taken of the category of threat, the vulnerability of the species to 
changes in its habitat, its particular link with a threatened habitat, the trends and variations 
in  population  level  and  its  vulnerability  to  a  possible  non  sustainable  use.  Account  will  be 
taken of  whether the species is  declining  in  the central area of  its distribution,  or it is  only 
threatened in the border of its range. 

2. Ecological role. Account will be taken of the ecological role of the species, such as their 
position  or  role  in  the  food  chain  (i.e.  raptors,  insectivorous  species  such  as  bats),  their 
structural role in ecosystems (i.e. corals, heathlands) or the fact that endangered species or 
endangered  ecosystems  may  be  highly  dependent  on  them  (i.e.  marine  phanerogams  like 
Posidonia  oceanica)  or  risk  to  become  threatened  by  their  exploitation  (like  the  mollusc 
Lithophaga lithophaga).“ 

Article  2  of  the  Convention  refers  to  the  objective  of  achieving  a  population  level  “which 
corresponds  in  particular  to  ecological,  scientific  and  cultural  requirements,  while  taking 
account of economic and recreational requirements (…)”. 

Current trends in the conservation status of the wolf in Europe 

After  a  long  history  of  deliberate  persecution  which  led  to  its  extinction  in  most  European 
countries,  the  combination  of  a  number  of  ecological,  social  and  legislative  changes  (legal 
protection,  land  abandonment,  natural  reforestation,  increase  in  wild  ungulates  populations, 
changes  of  public  attitudes  towards  this  species)  allowed  the  wolf  to  survive  and  then  to 
undergo a rapid population recovery at the end of the 20th century and in particular in the past 
ten to twenty years. A comparison between the distribution maps of the species from 20008, 
20059  and  201610  testifies  of  the  considerable  expansion  of  the  range  reached  by  the  nine 
mainly  trans-boundary  wolf  sub-populations  in  Europe.  Today,  the  species  is  present  in  all 
mainland European countries, some hosting large populations of over 1 000 individuals. 

In  September  2022,  an  update  of  the  wolf  conservation  status,  developed  by  the  Large 
Carnivore Initiative for Europe (LCIE) for the Bern Convention11, showed the total number of 
wolves in the EU was likely to be in the order of 19 000 (compared to about 14 300 in 2016) 
and  the  number  of  wolves  in  Europe  (excluding  Belarus  and  the  Russian  Federation)  was 

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11 

Recommendation No. 56 (1997) of the Standing Committee to the Convention (https://rm.coe.int/168074680c) 
Action  Plan  for  the  conservation  of  the  wolves  (Canis  lupus)  in  Europe,  Council  of  Europe,  2000  -  T-PVS(2000)23 
(https://rm.coe.int/1680746b76) 
Report on the conservation status and threats for wolf (Canis lupus) in Europe, Council of Europe, 2005, T-PVS/Inf (2005) 16 
(Microsoft Word - inf16e_2005 Conservation Threats Wolf.doc (coe.int)) 
Assessment  of  the  conservation  status  of  the  Wolf  (Canis  lupus)  in  Europe,  Council  of  Europe,  2022,  T-PVS/Inf(2022)45 
(https://rm.coe.int/inf45e-2022-wolf-assessment-bern-convention-2791-5979-4182-1-2/1680a7fa47) 
Assessment  of  the  conservation  status  of  the  Wolf  (Canis  lupus)  in  Europe,  Council  of  Europe,  2022,  T-PVS/Inf(2022)45 
(https://rm.coe.int/inf45e-2022-wolf-assessment-bern-convention-2791-5979-4182-1-2/1680a7fa47) 

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likely to exceed 21 500 (compared to about 17 000 in 2016)12. According to the LCIE study, 
19  out  of  34  countries  reported  increasing  wolf  numbers  and  only  3  countries  reported 
decreasing  numbers,  all  in  the  Dinaric/Balkan  region13.  As  for  the  EU,  in  17  of  the  24  EU 
Member States with wolves, their populations were increasing, and for the other 7 they were 
either stable or fluctuating. LCIE therefore considered that wolves were not declining in any 
EU Member State. 

The  LCIE  assessment  for  the  Bern  Convention  from  2022  also  updated  the  IUCN  Red  List 
criteria  assessments  dating  back  from  201814.  LCIE  considered  that  the  wolf  qualified  as 
“Least Concern” at both the European and EU 27 levels, similarly to the Red List assessment 
from 2018. The LCIE 2022 assessment concludes that “the magnitude of the numbers and the 
changes in the last decades allow the conclusion that wolf numbers in Europe have increased 
during the last decade and the overall positive trends appears to be stable or increasing. The 
conservation status at European scale is undeniably positive and the species can be classified 
as  “Least  Concern”  in  the  IUCN  Red  List  system  when  the  assessment  is  made  at  the 
continental scale.” 

Regarding  the  nine  wolf  sub-populations  in  Europe,  LCIE  noted  that  they  were  increasing 
everywhere  on  the  continent,  except  the  Iberian  sub-population  which  was  stable  and  the 
Dinaric/Balkan sub-population for which the trend was unknown. The LCIE 2022 assessment 
concluded that three sub-populations qualify as “Least Concern”, five belong to the category 
“Near  Threatened”  and  one  –  the  Scandinavian  sub-population  –  belongs  to  the  category 
“Vulnerable”.  This  is  a  further  improvement  compared  to  the  2018  Red  List  assessment, 
according  to  which  three  sub-populations  –  Scandinavian,  Central  European  and  Western-
Central Alps – were assessed as ‘Vulnerable’ due to the limited size of their population.  
At  the  EU  level,  the  latest  assessment  of  the  conservation  status  of  the  wolf15  based  on  the 
reports  submitted  in  2019  by  the  Member  States  in  the  framework  of  Article  17  of  the 
Habitats Directive covered the period 2013-2018. The wolf was reported to be present in 21 
EU countries, with an overall EU population at that time estimated at around 11 000-17 000 
(best  value:  13  492  wolves).  The  reporting  showed  that  the  species  was  in  a  favourable 
conservation status in 18 out of 39 national parts of biogeographical regions where the species 
was present. Even where the conservation status was, at that point in time, still unfavourable 
in several national parts of biogeographical regions, Member States’ reports under Article 17 
of the Habitats Directive submitted in 2019 also indicated that the population size, the habitat 
of the species and the range of the species were generally showing a stable or positive trend in 
all the biogeographical regions, confirming that the species was continuing to recolonise parts 
of its natural range. Expanding wolf population size, habitat and range, while being positive 
developments, do not automatically translate into a favourable conservation status assessment 
at the relevant geographical level (national or EU biogeographic) as other elements, such as 
sufficiently  large  populations  and  range  (reference  values),  normal  population  structure  and 
good  future  prospects,  also  need  to  be  factored  in.  At  the  level  of  the  EU  biogeographical 
regions the assessment showed that the species was in unfavourable-inadequate conservation 
status  in  6  EU  biogeographical  regions  and  in  favourable  status  in  one,  the  Alpine 
biogeographical region.  

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Assessment  of  the  conservation  status  of  the  Wolf  (Canis  lupus)  in  Europe,  Council  of  Europe,  2022,  T-PVS/Inf(2022)45 
(https://rm.coe.int/inf45e-2022-wolf-assessment-bern-convention-2791-5979-4182-1-2/1680a7fa47) 
Bosnia and Herzegovina, Montenegro and North Macedonia 
IUCN Red List assessment of the wolf, 2018 (Canis lupus (Grey Wolf) (iucnredlist.org)) 
https://nature-art17.eionet.europa.eu/article17/species/summary/?period=5&group=Mammals&subject=Canis+lupus&region 

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In  2023,  an  in-depth  analysis  of  the  status  of  the  wolf  in  the  EU16  reviewed  the  available 
scientific  data  on  the  species,  the  data  reported  by  national  authorities  from  EU  Member 
States as well as relevant data gathered from a targeted data collection exercise. The result of 
this analysis confirms the upward trend in population size as well as the ongoing expansion of 
the  wolf’s  range.  A  total  of  about  20  300  wolves  have  been  estimated  in  the EU in 202317. 
This estimation is higher than the about 19 000 wolves estimated in September 2022 by LCIE 
and higher than the population estimated at around 11 000-17 000 reported under Article 17 
of the Habitats Directive for the period 2013-2018. It is also higher than an earlier estimation 
from 2012 that concluded on the presence of 11 193 wolves in the EU18. The in-depth analysis 
concludes that the populations  are increasing  in  most EU Member States.  Data from  10 EU 
Member  States  with  available  monitoring  results  covering  recent  years  show  that  in  all  but 
one of these Member States the population increases are significant over the last two to three 
years  19. Moreover, in 2023, breeding packs have been detected in all 24 EU Member States 
with wolf populations, except Luxembourg. 

The  successful  recovery  of  wolf  populations  and  the  wolf’s  range  across  the  European 
continent  in  the  past  decades  also  testify  of  the  strong  adaptability  of  the  species.  Wolves’ 
capacity to recolonise regions through quick population expansions starting with low numbers 
is  clearly  recorded  and  also  testifies  that  the  species  is  resilient20.  LCIE  noted  that  the 
prospects were reported as positive21, with further expansion expected for practically all nine 
sub-populations. 

Threats and legal protection status 

Threats to wolves are multiple and diverse in nature. The most frequently reported pressure by 
EU  Member  States22  for  the  period  (2013-2018)  is  “illegal  shooting/killing”.  This  pressure 
and  the  pressure  “Poisoning  of  animals”,  reported  in  fourth  place,  are  both  linked  to  the 
problem of wolf poaching. The “impact of roads, paths, railroads and related infrastructure” is 
in  second  place,  covering  both  the  direct  mortality  caused  by  traffic  accidents  and  for  the 
fragmentation  they  can  produce  across  populations.  The  “Interactions  with  agricultural 
activities”  and  “Hunting”  are  also  reported  as  frequent  pressures.  New  emerging  threats 
include border fences and wolf-dog hybridisation.  

Some  of  these  pressures  are  directly  addressed  by  the  prohibitions  of  deliberate  killing  and 
disturbance,  and  deliberate  damage  or  destruction  of  breeding  and  resting  sites  of  strictly 
protected species under Appendix II, as set out in Article 6 of the Convention. 

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Blanco and Sundseth (2023), The situation of the wolf (Canis lupus) in the European Union – an In-depth Analysis. A report of 
The N2K Group for DG Environment, European Commission http://data.europa.eu/doi/10.2779/187513 
Blanco and Sundseth (2023), The situation of the wolf (Canis lupus) in the European Union – an In-depth Analysis. A report of 
The N2K Group for DG Environment, European Commission http://data.europa.eu/doi/10.2779/187513 
Boitani  et  al.  2015.  Key  actions  for  Large  Carnivore  populations  in  Europe,  Institute  of  Applied  Ecology  (Rome,  Italy) 
https://circabc.europa.eu/ui/group/3f466d71-92a7-49eb-9c63-6cb0fadf29dc/library/7858bea4-148d-461d-9ad0-
e8736da91b5a/details 
Table 2.4.2. Wolf trends in recent years in some EU Member States, Blanco and Sundseth (2023), The situation of the wolf (Canis 
lupus) in the European Union – an In-depth Analysis. A report of The N2K Group for DG Environment, European Commission 
http://data.europa.eu/doi/10.2779/187513 
See  examples  of  the  rapid  expansion  (both  in  population  size  and  in  range)  in  France  (https://www.loupfrance.fr/suivi-du-
loup/situation-du-loup-en-france/)  and 
in  Germany  (https://www.dbb-wolf.de/wolf-occurrence/confirmed-territories/map-of-
territories). 
Assessment  of  the  conservation  status  of  the  Wolf  (Canis  lupus)  in  Europe,  Council  of  Europe,  2022,  T-PVS/Inf(2022)45 
(https://rm.coe.int/inf45e-2022-wolf-assessment-bern-convention-2791-5979-4182-1-2/1680a7fa47)  and  Reporting  under  Article 
17 of the Habitats Directive 
https://nature-art17.eionet.europa.eu/article17/species/summary/?period=5&group=Mammals&subject=Canis+lupus&region 

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Whereas species listed in Appendix III are not subject to these prohibitions, they are subject 
to species protection pursuant to Article 7 of the Convention and to the general obligation of 
Article 2.  

Article 7(1) of the Convention provides that Contracting Parties “shall take appropriate and 
necessary legislative and administrative measures to ensure the protection of the wild fauna 
species listed in Appendix III”. Pursuant to Article 7(2) of the Convention, “[a]ny exploitation 
[of  these  species]  shall  be  regulated  in  order  to  keep  the  populations  out  of  danger,  taking 
into account the requirements of Article 2”. Article 7(3) of the Convention specifies that such 
protection includes “(a) closed seasons and/or other procedures regulating the exploitation; 
(ii) the temporary or local prohibition of exploitation to restore satisfactory population levels; 
(iii) the regulation of sale, keeping for sale, transport for sale or offering for sale of live and 
dead wild animals”.  
According  to  the  Explanatory  Report23  to  the  Convention  on  the  Conservation  of  European 
Wildlife  and  Natural  Habitats,  Article  7  “obliges  the  Contracting  Parties  to  ensure  the 
protection  of  the  fauna  listed  in  Appendix  III.  Nevertheless,  considering  that  these  species 
may all, in varying degrees, be legitimately subject to exploitation in a particular State, the 
Convention  does  not  exclude  the  possibility  for  each  Contracting  Party  to  authorise  such 
exploitation on condition that this affects only those species not threatened on its territory and 
that such exploitation does not jeopardise the animal population concerned. In so doing, the 
Contracting Party must supervise the exploitation and, if necessary, impose stricter measures. 
The article has been drafted in this way in order to provide States with flexibility with regard 
to species that may from time to time not be directly threatened. In carrying out this provision 
Contracting  Parties  must,  in  accordance  with  Article  2,  have  regard  for  sub-species  and 
varieties which are at risk locally, without being threatened at European level.” 

Therefore,  the  above-mentioned  pressures  concerning  hunting  and  poaching  should  also  be 
addressed  by  measures  taken  in  accordance  with  Article  7  of  the  Convention  (through  the 
regulation of hunting and enforcement against poaching). The main difference between both 
regimes in relation to these threats is that the protection regime for species listed in Appendix 
III  maintains  more  flexibility  concerning  the  appropriate  measures  the  Contracting  Parties 
shall put in place. It should be emphasized that those appropriate measures should still ensure 
the protection of the species and keep it out of danger, as required by Article 7(1) and (2) of 
the  Convention.  Therefore,  the  Commission  submits  that  as  long  as  Article  7  of  the 
Convention is complied with in terms of appropriate measures taken by Parties, the threats to 
the wolf such as hunting and poaching would remain sufficiently addressed after moving the 
species to Appendix III of the Convention. In addition, under Article 8 of the Convention, the 
prohibition of certain capture and killing methods specified in Appendix IV to the Convention 
is applicable to species listed in both Appendix II and Appendix III of the Convention. 

Other  threats,  such  as  direct  mortality  caused  by  traffic  accidents,  are  neither  addressed  by 
measures required under the strict protection regime applicable to species listed in Appendix 
II,  nor  by  measures  required  under  the  protection  regime  applicable  to  species  listed  in 
Appendix III. 

Moreover,  as  provided  for  in  the  Bern  Convention  Recommendation  No.  163  (2012)  of  the 
Standing  Committee,  adopted  on  30  November  2012,  on  the  management  of  expanding 
populations  of  large  carnivores  in  Europe,  Contracting  Parties  to  the  Bern  Convention  are 

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Explanatory  Report 
https://rm.coe.int/16800ca431 

to 

the  Convention  on 

the  Conservation  of  European  Wildlife  and  Natural  Habitats 

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encouraged to collaborate as appropriate with other states sharing the same populations, with 
the  objective  to  maintain  them  healthy  and  at  favourable  conservation  status.  Such 
cooperation, involving coexistence and protection measures, remains necessary and relevant if 
the wolf species is listed in Appendix III of the Convention. 

3.3. 

Socio-economic considerations 

The continued expansion of the wolf range and its recolonisation of new territories have led to 
increasing  conflicts  with  human  activities,  notably  concerning  livestock  damages  caused  by 
the  wolf.  Depredation  has  reached  important  levels,  affecting  more  and  more  regions,  both 
within  EU  Member  States  and  non-EU  Bern  Contracting  Parties.  Wolf  depredation  of 
livestock  is  the  main  driver  of  conflicts  with  humans,  alongside  the  range  and  population 
expansion of the species. The financial and social costs associated with the expansion of the 
wolf  range  and  its  recolonisation  of  new  territories  have  been  progressively  increasing  and 
will  remain  important  for  the  prevention  and  compensation  of  livestock  damage  due  to  the 
presence of the wolf. 

Data collected on incident density in the in-depth analysis of the status of the wolf from 2023 
indicate that damages caused by the wolf are increasing in the EU. In particular, according to 
the  latest  available  data  from  Member  States24  wolves  are  estimated  to  kill  yearly  at  least 
65,500 heads of livestock in  the EU, 73% of them  are sheep and goats,  19% cattle and 6% 
horses and donkeys bred for meat. Semi-domestic reindeer are also killed in Finland (1,261 in 
2022)  and  in  Sweden  (unknown  figure).  These  figures  are  higher  than  those  shown  in  the 
2022  LCIE  study  of  53,530  heads  of  livestock  killed  yearly  in  the  EU25;  however,  the 
significant change might partly depend on the different choices made on compensation– and 
thus registration – of losses for wolf depredation in 2022.    

While these data are not directly comparable it appears that, in general, damage to livestock 
has increased as the wolf population has grown, which confirms the importance to invest in 
effective  prevention  measures.  Increased  damage  to  livestock  has  also  resulted  in  lowered 
acceptance  of  the  species  in  some  regions  in  the  EU.  While  the  impact  of  the  wolf  on 
livestock is small at EU level and overall damage to livestock appears as tolerable at country 
level,  its  concentration  at  a  local  level  may  reveal  strong  pressure  on  certain  areas,  with 
emotional consequences for livestock owners and indirect economic losses which are difficult 
to quantify. In some areas, recurrent damage to livestock can represent an additional challenge 
for pastoralism, the cultural heritage and the way of living of rural communities, that requires 
dedicated support for effective prevention measures26. Indeed, extensive livestock farming is 
essential for the maintenance and conservation of high-diversity agricultural ecosystems, such 
as  permanent  grassland.  In  addition,  pastoralism  is  a  traditional  activity,  part  of  our  social 
heritage and a key to the economy of mountainous and marginal rural areas. 

This proposal will create additional flexibility to the Parties to the Bern Convention on how to 
deal with increased damages and potential socio-economic conflicts associated with the wolf 

24 

25 

26 

Aggregated data from Member States collected in 2023, concerning different years depending on the Member State between 2017 
and 2022. 
Aggregated data from Member States collected in 2023, concerning different years depending on the Member State between 2017 
to 2021. 

 Blanco and Sundseth (2023), The situation of the wolf (Canis lupus) in the European Union – an In-depth Analysis. A report of 
The N2K Group for DG Environment, European Commission http://data.europa.eu/doi/10.2779/187513 

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in some areas, while keeping the objective to reach favourable conservation status for all wolf 
populations in the EU. 

3.4. 

Conclusion 

It seems justified to propose amending the Appendices of the Bern Convention by moving the 
wolf (Canis lupus) species from Appendix II (strictly protected fauna species) to Appendix III 
(protected fauna species) of the Convention. Such a move seems appropriate in view notably 
of  current  trends  of  the  population  status  and  the  protection  level  provided  by  the  species 
protection  regime  pursuant  to  Appendix  III  in  connection  with  Articles  2,  7  and  8  of  the 
Convention.  

Such a proposal corresponds largely to the position that the European Parliament expressed in 
its resolution of 24 November 202227. 

Once  the  amendment  of  the  Appendices  of  the  Bern  Convention  (moving  the  wolf  species 
from Appendix II to Appendix III) enters into force, the Union would be allowed to modify 
the corresponding Annexes of the Habitats Directive in order to reflect the lower protection 
level for the wolf species in its internal legal order. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by a 
Convention,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’28. 

4.1.2.  Application to the present case 

The Standing Committee is a body set up by the Convention.    

The acts which the Standing Committee is  called upon to  adopt  constitute acts having  legal 
effects. The envisaged acts will be binding under international law in accordance with Article 
6 and 7 of the Convention. The envisaged acts do not supplement or amend the institutional 
framework of the Convention. 

The procedural legal basis for the proposed decision, therefore, is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 

27 
28 

https://www.europarl.europa.eu/doceo/document/TA-9-2022-0423_EN.html   
Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64  

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incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The main objective and content of the envisaged act relate to environment.   

Therefore, the substantive legal basis of the proposed decision is Article 192(1) TFEU.  

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 192(1) TFEU, in conjunction with 
Article 218(9) TFEU. 

5. 

PUBLICATION OF THE ENVISAGED ACT 

As the acts of the Standing Committee would amend Appendices II and III of the Convention, 
it would be appropriate to publish them in the Official Journal of the European Union, if they 
are adopted.  

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2023/0469 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union on submitting proposals for 
amendment of Appendices II and III of the Convention on the Conservation of 
European wildlife and natural habitats with a view to the meeting of the Standing 
Committee of the Convention 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

29 
30 

The  Convention  on  the conservation  of  European  wildlife  and  natural  habitats  (Bern 
Convention)  ('the  Convention')  was  concluded  by  the  Union  by  Council  Decision 
82/72/EEC29 and entered into force on 1 September 1982. 

Pursuant  to  Article  17  of  the  Convention,  the  Standing  Committee  may  adopt  a 
decision to amend the Appendices of the Convention. 

In  line  with  Article  17  of  the  Convention,  the  deadline  for  submitting  amendment 
proposals is at least two months prior to the Standing Committee meeting. The Union 
may, as a Party to the Convention, propose amendments to those Appendices. 

In  view  of  Recommendation  No.  56  (1997)  of  the  Standing  Committee  concerning 
guidelines  to  be  taken  into  account  while  making  proposals  for  amendment  of 
Appendices  I  and  II  of  the  Convention  and  while  adopting  amendments30,  relevant 
considerations  for  listing  species  in  the  Appendices  of  the  Convention  include 
ecological  and  scientific  factors,  such  as  conservation  status,  populations  trends  and 
threats. 

Article  2  sets  out  the  objective  of  the  Convention  of  achieving  a  population  level 
“which  corresponds  in  particular  to  ecological,  scientific  and  cultural  requirements, 
while  taking  account  of  economic  and  recreational  requirements  (…)”  and  sets  the 
broader  context  for  measures  taken  by  the  Parties  to  the  Convention.  This  objective 
can  be  taken  into  account  when  proposing  an  amendment  to  the  Appendices  of  the 
Bern Convention. 

The conservation status of the wolf has shown a positive trend since the last decades. 
The wolf has successfully recovered across the Continent with a significant expansion 
of  the  species’  range  and  its  population  having  reached  important  levels,  with 

OJ L 38, 10.2.1982, p. 1. 
Recommendation  No.  56  (1997)  concerning  guidelines  to  be  taken  into  account  while  making  proposals  for  amendment  of 
Appendices I and II of the Convention and while adopting amendments (available at https://rm.coe.int/168074680c ). 

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estimated population levels for the EU having nearly doubled in 10 years (from 11 193 
in 2012, in the range of 11 000-17 000 in 2019 to 20 300 in 2023). The populations are 
equally  reported  as  continuously  increasing  across  the  Continent31.  In  spite  of 
remaining  threats  to  the  wolf  species,  the  successful  recovery  of  its  populations  and 
increased range across the European continent in the past decades testify of the strong 
adaptability and resilience of the species. 

At  the  same  time,  the  continued  expansion  of  the  wolf’s  range  in  Europe  and  its 
recolonisation  of  new  territories  have  led  to  increasing  socio-economic  challenges 
with  regard  to  coexistence  with  human  activities,  notably  due  to  livestock  damages 
that have reached important levels, affecting more and more regions and EU Member 
States and beyond. 

The most recent data on the population size from the 2022 assessment of the status of 
the wolf developed by the Large Carnivore Initiative for Europe (LCIE) for the Bern 
Convention  and from the in-depth analysis of the status  of  the wolf in the European 
Union  from  2023  provide  adequate  evidence  in  support  of  adapting  the  protection 
status of the wolf (Canis lupus) under the Convention. 

Therefore, it is appropriate to adapt the protection level of the wolf species. The wolf 
species should be subject to the species protection resulting from a listing in Appendix 
III in connection with Article 7 of the Convention. 

(7) 

(8) 

(9) 

(10)  This adaptation of the protection level would add flexibility to address the increasing 
socio-economic  challenges  relating  to  the  wolf  linked  to  the  continued  expansion  of 
the wolf’s range in Europe and its recolonisation of new territories.  

(11)  As  provided  for  in  the  Bern  Convention  Recommendation  No.  163  (2012)  of  the 
Standing  Committee,  adopted  on  30  November  2012,  on  the  management  of 
expanding populations of large carnivores in Europe, Contracting Parties to the Bern 
Convention are encouraged to collaborate as appropriate with other states sharing the 
same  populations,  with  the  objective  to  maintain  them  healthy  and  at  favourable 
conservation status. Such cooperation, involving coexistence and protection measures, 
remains  necessary  and  relevant  if  the  wolf  species  is  listed  in  Appendix  III  of  the 
Convention.  

(12)  Therefore, in view of the 44th meeting of the Standing Committee to the Convention in 
2024,  or  of  any  earlier  exceptional  meeting  that  the  Union  may  request,  the  Union 
should  submit  a  proposal  for  amending  Appendix  II  and  Appendix  III  to  the 
Convention by removing the wolf (Canis lupus) from Appendix II and listing it under 
its Appendix III. 

(13) 

It is appropriate to also establish the position to be taken on the Union's behalf at the 
meeting of the Standing Committee, as the decisions amending the Appendices to the 
Convention will be binding on the Union. 

(14)  The proposal should be communicated to the Secretariat for consideration at the next 
meeting  of  the  Standing  Committee  of  the  Convention  or  of  any  earlier  exceptional 
meeting that the Union may request. 

31 

Assessment  of  the  conservation  status  of  the  Wolf  (Canis  lupus)  in  Europe,  Council  of  Europe,  2022,  T-PVS/Inf(2022)45 
(https://rm.coe.int/inf45e-2022-wolf-assessment-bern-convention-2791-5979-4182-1-2/1680a7fa47)  and  Blanco  and  Sundseth 
(2023), The situation of the wolf (Canis lupus) in the European Union – an In-depth Analysis. A report of The N2K Group for DG 
Environment, European Commission http://data.europa.eu/doi/10.2779/187513  

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HAS ADOPTED THIS DECISION: 

Article 1 

1. 

2. 

The  Commission  is  hereby  authorised  to  submit  to  the  Standing  Committee  to  the 
Convention,  on  behalf  of  the  Union,  a  proposal  to  move  the  wolf  (Canis  lupus) 
species  from  Appendix  II  on  “Strictly  protected  fauna  species”  to  Appendix  III  on 
“Protected fauna species”. 

The  Commission  shall  communicate  this  proposal  to  the  Secretariat  of  the 
Convention. 

The  position  to  be  taken  on  the  Union's  behalf  in  the  Standing  Committee  to  the  Bern 
Convention shall be to support removing the wolf (Canis lupus) from Appendix II and adding 
it to Appendix III of the Convention. 

Article 2 

Article 3 

Refinement of the positions referred to in Articles 1 and 2 may be agreed to, in the light of 
developments in the Standing Committee, by the representatives of the Union, in consultation 
with Member States during on-the-spot coordination meetings, without a  further decision of 
the Council. 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 3 

For the Council 
The President 

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