Document ID: 32009L0147

Reference:
26.1.2010
EN
Official Journal of the European Union
L 20/7
DIRECTIVE 2009/147/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 November 2009
on the conservation of wild birds
(codified version)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.
(2)
Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (5) calls for specific action for biodiversity, including to protect birds and their habitats.
(3)
A large number of species of wild birds naturally occurring in the European territory of the Member States are declining in number, very rapidly in some cases. This decline represents a serious threat to the conservation of the natural environment, particularly because of the biological balances threatened thereby.
(4)
The species of wild birds naturally occurring in the European territory of the Member States are mainly migratory species. Such species constitute a common heritage and effective bird protection is typically a trans-frontier environment problem entailing common responsibilities.
(5)
The conservation of the species of wild birds naturally occurring in the European territory of the Member States is necessary in order to attain the Community’s objectives regarding the improvement of living conditions and sustainable development.
(6)
The measures to be taken must apply to the various factors which may affect the numbers of birds, namely the repercussions of man’s activities and in particular the destruction and pollution of their habitats, capture and killing by man and the trade resulting from such practices; the stringency of such measures should be adapted to the particular situation of the various species within the framework of a conservation policy.
(7)
Conservation is aimed at the long-term protection and management of natural resources as an integral part of the heritage of the peoples of Europe. It makes it possible to control natural resources and governs their use on the basis of the measures necessary for the maintenance and adjustment of the natural balances between species as far as is reasonably possible.
(8)
The preservation, maintenance or restoration of a sufficient diversity and area of habitats is essential to the conservation of all species of birds. Certain species of birds should be the subject of special conservation measures concerning their habitats in order to ensure their survival and reproduction in their area of distribution. Such measures must also take account of migratory species and be coordinated with a view to setting up a coherent whole.
(9)
In order to prevent commercial interests from exerting a possible harmful pressure on exploitation levels, it is necessary to impose a general ban on marketing and to restrict all derogation to those species whose biological status so permits, account being taken of the specific conditions obtaining in the different regions.
(10)
Because of their high population level, geographical distribution and reproductive rate in the Community as a whole, certain species may be hunted, which constitutes acceptable exploitation where certain limits are established and respected, as such hunting must be compatible with maintenance of the population of these species at a satisfactory level.
(11)
The various means, devices or methods of large-scale or non-selective capture or killing and hunting with certain forms of transport must be banned because of the excessive pressure which they exert or may exert on the numbers of the species concerned.
(12)
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.
(13)
The conservation of birds and, in particular, migratory birds still presents problems which call for scientific research. Such research will also make it possible to assess the effectiveness of the measures taken.
(14)
Care should be taken in consultation with the Commission to see that the introduction of any species of wild bird not naturally occurring in the European territory of the Member States does not cause harm to local flora and fauna.
(15)
The Commission will every three years prepare and transmit to the Member States a composite report based on information submitted by the Member States on the application of national provisions introduced pursuant to this Directive.
(16)
The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).
(17)
In particular, the Commission should be empowered to amend certain Annexes in the light of scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(18)
This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the directives set out in Annex VI, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
1.   This Directive relates to the conservation of all species of naturally occurring birds in the wild state in the European territory of the Member States to which the Treaty applies. It covers the protection, management and control of these species and lays down rules for their exploitation.
2.   It shall apply to birds, their eggs, nests and habitats.
Article 2
Member States shall take the requisite measures to maintain the population of the species referred to in Article 1 at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level.
Article 3
1.   In the light of the requirements referred to in Article 2, Member States shall take the requisite measures to preserve, maintain or re-establish a sufficient diversity and area of habitats for all the species of birds referred to in Article 1.
2.   The preservation, maintenance and re-establishment of biotopes and habitats shall include primarily the following measures:
(a)
creation of protected areas;
(b)
upkeep and management in accordance with the ecological needs of habitats inside and outside the protected zones;
(c)
re-establishment of destroyed biotopes;
(d)
creation of biotopes.
Article 4
1.   The species mentioned in Annex I shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution.
In this connection, account shall be taken of:
(a)
species in danger of extinction;
(b)
species vulnerable to specific changes in their habitat;
(c)
species considered rare because of small populations or restricted local distribution;
(d)
other species requiring particular attention for reasons of the specific nature of their habitat.
Trends and variations in population levels shall be taken into account as a background for evaluations.
Member States shall classify in particular the most suitable territories in number and size as special protection areas for the conservation of these species in the geographical sea and land area where this Directive applies.
2.   Member States shall take similar measures for regularly occurring migratory species not listed in Annex I, bearing in mind their need for protection in the geographical sea and land area where this Directive applies, as regards their breeding, moulting and wintering areas and staging posts along their migration routes. To this end, Member States shall pay particular attention to the protection of wetlands and particularly to wetlands of international importance.
3.   Member States shall send the Commission all relevant information so that it may take appropriate initiatives with a view to the coordination necessary to ensure that the areas provided for in paragraphs 1 and 2 form a coherent whole which meets the protection requirements of these species in the geographical sea and land area where this Directive applies.
4.   In respect of the protection areas referred to in paragraphs 1 and 2, Member States shall take appropriate steps to avoid pollution or deterioration of habitats or any disturbances affecting the birds, in so far as these would be significant having regard to the objectives of this Article. Outside these protection areas, Member States shall also strive to avoid pollution or deterioration of habitats.
Article 5
Without prejudice to Articles 7 and 9, Member States shall take the requisite measures to establish a general system of protection for all species of birds referred to in Article 1, prohibiting in particular:
(a)
deliberate killing or capture by any method;
(b)
deliberate destruction of, or damage to, their nests and eggs or removal of their nests;
(c)
taking their eggs in the wild and keeping these eggs even if empty;
(d)
deliberate disturbance of these birds particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of this Directive;
(e)
keeping birds of species the hunting and capture of which is prohibited.
Article 6
1.   Without prejudice to paragraphs 2 and 3, Member States shall prohibit, for all the bird species referred to in Article 1, the sale, transport for sale, keeping for sale and the offering for sale of live or dead birds and of any readily recognisable parts or derivatives of such birds.
2.   The activities referred to in paragraph 1 shall not be prohibited in respect of the species referred to in Annex III, Part A, provided that the birds have been legally killed or captured or otherwise legally acquired.
3.   Member States may, for the species listed in Annex III, Part B, allow within their territory the activities referred to in paragraph 1, making provision for certain restrictions, provided that the birds have been legally killed or captured or otherwise legally acquired.
Member States wishing to grant such authorisation shall first of all consult the Commission with a view to examining jointly with the latter whether the marketing of specimens of such species would result or could reasonably be expected to result in the population levels, geographical distribution or reproductive rate of the species being endangered throughout the Community. Should this examination prove that the intended authorisation will, in the view of the Commission, result in any one of the aforementioned species being thus endangered or in the possibility of their being thus endangered, the Commission shall forward a reasoned recommendation to the Member State concerned stating its opposition to the marketing of the species in question. Should the Commission consider that no such risk exists, it shall inform the Member State concerned accordingly.
The Commission’s recommendation shall be published in the Official Journal of the European Union.
Member States granting authorisation pursuant to this paragraph shall verify at regular intervals that the conditions governing the granting of such authorisation continue to be fulfilled.
Article 7
1.   Owing to their population level, geographical distribution and reproductive rate throughout the Community, the species listed in Annex II may be hunted under national legislation. Member States shall ensure that the hunting of these species does not jeopardise conservation efforts in their distribution area.
2.   The species referred to in Annex II, Part A may be hunted in the geographical sea and land area where this Directive applies.
3.   The species referred to in Annex II, Part B may be hunted only in the Member States in respect of which they are indicated.
4.   Member States shall ensure that the practice of hunting, including falconry if practised, as carried on in accordance with the national measures in force, complies with the principles of wise use and ecologically balanced control of the species of birds concerned and that this practice is compatible as regards the population of these species, in particular migratory species, with the measures resulting from Article 2.
They shall see in particular that the species to which hunting laws apply are not hunted during the rearing season or during the various stages of reproduction.
In the case of migratory species, they shall see in particular that the species to which hunting regulations apply are not hunted during their period of reproduction or during their return to their rearing grounds.
Member States shall send the Commission all relevant information on the practical application of their hunting regulations.
Article 8
1.   In respect of the hunting, capture or killing of birds under this Directive, Member States shall prohibit the use of all means, arrangements or methods used for the large-scale or non-selective capture or killing of birds or capable of causing the local disappearance of a species, in particular the use of those listed in Annex IV, point (a).
2.   Moreover, Member States shall prohibit any hunting from the modes of transport and under the conditions mentioned in Annex IV, point (b).
Article 9
1.   Member States may derogate from the provisions of Articles 5 to 8, where there is no other satisfactory solution, for the following reasons:
(a)
—
in the interests of public health and safety,
—
in the interests of air safety,
—
to prevent serious damage to crops, livestock, forests, fisheries and water,
—
for the protection of flora and fauna;
(b)
for the purposes of research and teaching, of re-population, of re-introduction and for the breeding necessary for these purposes;
(c)
to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers.
2.   The derogations referred to in paragraph 1 must specify:
(a)
the species which are subject to the derogations;
(b)
the means, arrangements or methods authorised 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.
3.   Each year the Member States shall send a report to the Commission on the implementation of paragraphs 1 and 2.
4.   On the basis of the information available to it, and in particular the information communicated to it pursuant to paragraph 3, the Commission shall at all times ensure that the consequences of the derogations referred to in paragraph 1 are not incompatible with this Directive. It shall take appropriate steps to this end.
Article 10
1.   Member States shall encourage research and any work required as a basis for the protection, management and use of the population of all species of bird referred to in Article 1. Particular attention shall be paid to research and work on the subjects listed in Annex V.
2.   Member States shall send the Commission any information required to enable it to take appropriate measures for the coordination of the research and work referred to in paragraph 1.
Article 11
Member States shall see that any introduction of species of bird which do not occur naturally in the wild state in the European territory of the Member States does not prejudice the local flora and fauna. In this connection they shall consult the Commission.
Article 12
1.   Member States shall forward to the Commission every three years, starting from 7 April 1981, a report on the implementation of national provisions taken under this Directive.
2.   The Commission shall prepare every three years a composite report based on the information referred to in paragraph 1. That part of the draft report covering the 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 forwarded to the Member States.
Article 13
Application of the measures taken pursuant to this Directive may not lead to deterioration in the present situation as regards the conservation of the species of birds referred to in Article 1.
Article 14
Member States may introduce stricter protective measures than those provided for under this Directive.
Article 15
Such amendments as are necessary for adapting Annexes I and V to technical and scientific progress shall be adopted. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(2).
Article 16
1.   The Commission shall be assisted by the Committee for Adaptation to Technical and Scientific Progress.
2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 17
Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 18
Directive 79/409/EEC, as amended by the acts listed in Annex VI, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex VI, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VII.
Article 19
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 20
This Directive is addressed to the Member States.
Done at Brussels, 30 November 2009.
For the European Parliament
The President
J. BUZEK
For the Council
The President
B. ASK
(1)  Opinion of 10 June 2009 (not yet published in the Official Journal).
(2)  Opinion of the European Parliament of 20 October 2009 (not yet published in the Official Journal) and Council Decision of 26 November 2009.
(3)  OJ L 103, 25.4.1979, p. 1.
(4)  See Annex VI, Part A.
(5)  OJ L 242, 10.9.2002, p. 1.
(6)  OJ L 184, 17.7.1999, p. 23.
ANNEX I
GAVIIFORMES
Gaviidae
Gavia stellata
Gavia arctica
Gavia immer
PODICIPEDIFORMES
Podicipedidae
Podiceps auritus
PROCELLARIIFORMES
Procellariidae
Pterodroma madeira
Pterodroma feae
Bulweria bulwerii
Calonectris diomedea
Puffinus puffinus mauretanicus (Puffinus mauretanicus)
Puffinus yelkouan
Puffinus assimilis
Hydrobatidae
Pelagodroma marina
Hydrobates pelagicus
Oceanodroma leucorhoa
Oceanodroma castro
PELECANIFORMES
Pelecanidae
Pelecanus onocrotalus
Pelecanus crispus
Phalacrocoracidae
Phalacrocorax aristotelis desmarestii
Phalacrocorax pygmeus
CICONIIFORMES
Ardeidae
Botaurus stellaris
Ixobrychus minutus
Nycticorax nycticorax
Ardeola ralloides
Egretta garzetta
Egretta alba (Ardea alba)
Ardea purpurea
Ciconiidae
Ciconia nigra
Ciconia ciconia
Threskiornithidae
Plegadis falcinellus
Platalea leucorodia
PHOENICOPTERIFORMES
Phoenicopteridae
Phoenicopterus ruber
ANSERIFORMES
Anatidae
Cygnus bewickii (Cygnus columbianus bewickii)
Cygnus cygnus
Anser albifrons flavirostris
Anser erythropus
Branta leucopsis
Branta ruficollis
Tadorna ferruginea
Marmaronetta angustirostris
Aythya nyroca
Polysticta stelleri
Mergus albellus (Mergellus albellus)
Oxyura leucocephala
FALCONIFORMES
Pandionidae
Pandion haliaetus
Accipitridae
Pernis apivorus
Elanus caeruleus
Milvus migrans
Milvus milvus
Haliaeetus albicilla
Gypaetus barbatus
Neophron percnopterus
Gyps fulvus
Aegypius monachus
Circaetus gallicus
Circus aeruginosus
Circus cyaneus
Circus macrourus
Circus pygargus
Accipiter gentilis arrigonii
Accipiter nisus granti
Accipiter brevipes
Buteo rufinus
Aquila pomarina
Aquila clanga
Aquila heliaca
Aquila adalberti
Aquila chrysaetos
Hieraaetus pennatus
Hieraaetus fasciatus
Falconidae
Falco naumanni
Falco vespertinus
Falco columbarius
Falco eleonorae
Falco biarmicus
Falco cherrug
Falco rusticolus
Falco peregrinus
GALLIFORMES
Tetraonidae
Bonasa bonasia
Lagopus mutus pyrenaicus
Lagopus mutus helveticus
Tetrao tetrix tetrix
Tetrao urogallus
Phasianidae
Alectoris graeca
Alectoris barbara
Perdix perdix italica
Perdix perdix hispaniensis
GRUIFORMES
Turnicidae
Turnix sylvatica
Gruidae
Grus grus
Rallidae
Porzana porzana
Porzana parva
Porzana pusilla
Crex crex
Porphyrio porphyrio
Fulica cristata
Otididae
Tetrax tetrax
Chlamydotis undulata
Otis tarda
CHARADRIIFORMES
Recurvirostridae
Himantopus himantopus
Recurvirostra avosetta
Burhinidae
Burhinus oedicnemus
Glareolidae
Cursorius cursor
Glareola pratincola
Charadriidae
Charadrius alexandrinus
Charadrius morinellus (Eudromias morinellus)
Pluvialis apricaria
Hoplopterus spinosus
Scolopacidae
Calidris alpina schinzii
Philomachus pugnax
Gallinago media
Limosa lapponica
Numenius tenuirostris
Tringa glareola
Xenus cinereus (Tringa cinerea)
Phalaropus lobatus
Laridae
Larus melanocephalus
Larus genei
Larus audouinii
Larus minutus
Sternidae
Gelochelidon nilotica (Sterna nilotica)
Sterna caspia
Sterna sandvicensis
Sterna dougallii
Sterna hirundo
Sterna paradisaea
Sterna albifrons
Chlidonias hybridus
Chlidonias niger
Alcidae
Uria aalge ibericus
PTEROCLIFORMES
Pteroclididae
Pterocles orientalis
Pterocles alchata
COLUMBIFORMES
Columbidae
Columba palumbus azorica
Columba trocaz
Columba bollii
Columba junoniae
STRIGIFORMES
Strigidae
Bubo bubo
Nyctea scandiaca
Surnia ulula
Glaucidium passerinum
Strix nebulosa
Strix uralensis
Asio flammeus
Aegolius funereus
CAPRIMULGIFORMES
Caprimulgidae
Caprimulgus europaeus
APODIFORMES
Apodidae
Apus caffer
CORACIIFORMES
Alcedinidae
Alcedo atthis
Coraciidae
Coracias garrulus
PICIFORMES
Picidae
Picus canus
Dryocopus martius
Dendrocopos major canariensis
Dendrocopos major thanneri
Dendrocopos syriacus
Dendrocopos medius
Dendrocopos leucotos
Picoides tridactylus
PASSERIFORMES
Alaudidae
Chersophilus duponti
Melanocorypha calandra
Calandrella brachydactyla
Galerida theklae
Lullula arborea
Motacillidae
Anthus campestris
Troglodytidae
Troglodytes troglodytes fridariensis
Muscicapidae (Turdinae)
Luscinia svecica
Saxicola dacotiae
Oenanthe leucura
Oenanthe cypriaca
Oenanthe pleschanka
Muscicapidae (Sylviinae)
Acrocephalus melanopogon
Acrocephalus paludicola
Hippolais olivetorum
Sylvia sarda
Sylvia undata
Sylvia melanothorax
Sylvia rueppelli
Sylvia nisoria
Muscicapidae (Muscicapinae)
Ficedula parva
Ficedula semitorquata
Ficedula albicollis
Paridae
Parus ater cypriotes
Sittidae
Sitta krueperi
Sitta whiteheadi
Certhiidae
Certhia brachydactyla dorotheae
Laniidae
Lanius collurio
Lanius minor
Lanius nubicus
Corvidae
Pyrrhocorax pyrrhocorax
Fringillidae (Fringillinae)
Fringilla coelebs ombriosa
Fringilla teydea
Fringillidae (Carduelinae)
Loxia scotica
Bucanetes githagineus
Pyrrhula murina (Pyrrhula pyrrhula murina)
Emberizidae (Emberizinae)
Emberiza cineracea
Emberiza hortulana
Emberiza caesia
ANNEX II
PART A
ANSERIFORMES
Anatidae
Anser fabalis
Anser anser
Branta canadensis
Anas penelope
Anas strepera
Anas crecca
Anas platyrhynchos
Anas acuta
Anas querquedula
Anas clypeata
Aythya ferina
Aythya fuligula
GALLIFORMES
Tetraonidae
Lagopus lagopus scoticus et hibernicus
Lagopus mutus
Phasianidae
Alectoris graeca
Alectoris rufa
Perdix perdix
Phasianus colchicus
GRUIFORMES
Rallidae
Fulica atra
CHARADRIIFORMES
Scolopacidae
Lymnocryptes minimus
Gallinago gallinago
Scolopax rusticola
COLUMBIFORMES
Columbidae
Columba livia
Columba palumbus
PART B
ANSERIFORMES
Anatidae
Cygnus olor
Anser brachyrhynchus
Anser albifrons
Branta bernicla
Netta rufina
Aythya marila
Somateria mollissima
Clangula hyemalis
Melanitta nigra
Melanita fusca
Bucephala clangula
Mergus serrator
Mergus merganser
GALLIFORMES
Meleagridae
Meleagris gallopavo
Tetraonidae
Bonasa bonasia
Lagopus lagopus lagopus
Tetrao tetrix
Tetrao urogallus
Phasianidae
Francolinus francolinus
Alectoris barbara
Alectoris chukar
Coturnix coturnix
GRUIFORMES
Rallidae
Rallus aquaticus
Gallinula chloropus
CHARADRIIFORMES
Haematopodidae
Haematopus ostralegus
Charadriidae
Pluvialis apricaria
Pluvialis squatarola
Vanellus vanellus
Scolopacidae
Calidris canutus
Philomachus pugnax
Limosa limosa
Limosa lapponica
Numenius phaeopus
Numenius arquata
Tringa erythropus
Tringa totanus
Tringa nebularia
Laridae
Larus ridibundus
Larus canus
Larus fuscus
Larus argentatus
Larus cachinnans
Larus marinus
COLUMBIFORMES
Columbidae
Columba oenas
Streptopelia decaocto
Streptopelia turtur
PASSERIFORMES
Alaudidae
Alauda arvensis
Muscicapidae
Turdus merula
Turdus pilaris
Turdus philomelos
Turdus iliacus
Turdus viscivorus
Sturnidae
Sturnus vulgaris
Corvidae
Garrulus glandarius
Pica pica
Corvus monedula
Corvus frugilegus
Corvus corone
BE
BG
CZ
DK
DE
EE
EL
ES
FR
IE
IT
CY
LV
LT
LU
HU
MT
NL
AT
PL
PT
RO
SI
SK
FI
SE
UK
Cygnus olor
+
+
Anser brachyrhynchus
+
+
+
+
Anser albifrons
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
Branta bernicla
+
+
Netta rufina
+
+
Aythya marila
+
+
+
+
+
+
+
+
+
+
Somateria mollissima
+
+
+
+
+
+
Clangula hyemalis
+
+
+
+
+
+
+
+
Melanitta nigra
+
+
+
+
+
+
+
+
+
Melanitta fusca
+
+
+
+
+
+
+
+
Bucephala clangula
+
+
+
+
+
+
+
+
+
+
+
+
+
Mergus serrator
+
+
+
+
+
Mergus merganser
+
+
+
+
Bonasa bonasia
+
+
+
+
+
+
+
+
+
Lagopus lagopus lagopus
+
+
Tetrao tetrix
+
+
+
+
+
+
+
+
+
Tetrao urogallus
+
+
+
+
+
+
+
+
+
+
Francolinus francolinus
+
Alectoris barbara
+
+
Alectoris chukar
+
+
+
Coturnix coturnix
+
+
+
+
+
+
+
+
+
+
Meleagris gallopavo
+
+
+
+
Rallus aquaticus
+
+
+
Gallinula chloropus
+
+
+
+
+
+
+
+
Haematopus ostralegus
+
+
Pluvialis apricaria
+
+
+
+
+
+
+
+
+
Pluvialis squatarola
+
+
+
+
Vanellus vanellus
+
+
+
+
+
+
+
+
Calidris canutus
+
+
Philomachus pugnax
+
+
+
Limosa limosa
+
+
Limosa lapponica
+
+
+
Numenius phaeopus
+
+
+
Numenius arquata
+
+
+
+
Tringa erythropus
+
+
Tringa totanus
+
+
+
+
Tringa nebularia
+
+
Larus ridibundus
+
+
+
+
+
+
+
+
+
Larus canus
+
+
+
+
+
Larus fuscus
+
+
Larus argentatus
+
+
+
+
+
+
+
Larus cachinnans
+
+
Larus marinus
+
+
+
+
+
Columba oenas
+
+
+
+
+
+
Streptopelia decaocto
+
+
+
+
+
+
+
+
+
+
Streptopelia turtur
+
+
+
+
+
+
+
+
+
+
Alauda arvensis
+
+
+
+
+
+
Turdus merula
+
+
+
+
+
+
+
Turdus pilaris
+
+
+
+
+
+
+
+
+
+
+
+
Turdus philomelos
+
+
+
+
+
+
+
+
Turdus iliacus
+
+
+
+
+
+
+
+
Turdus viscivorus
+
+
+
+
+
+
+
Sturnus vulgaris
+
+
+
+
+
+
+
+
+
Garrulus glandarius
+
+
+
+
+
+
+
+
+
+
+
+
+
+
Pica pica
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
Corvus monedula
+
+
+
+
+
+
+
+
+
Corvus frugilegus
+
+
+
+
+
+
+
+
+
Corvus corone
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
AT = Österreich, BE = Belgique/België, BG = България, CY = Κύπρος, CZ = Česká republika, DE = Deutschland, DK = Danmark, EE = Eesti, ES = España, FI = Suomi/Finland, FR = France, EL = Ελλάδα, HU = Magyarország, IE = Ireland, IT = Italia, LT = Lietuva, LU = Luxembourg, LV = Latvija, MT = Malta, NL = Nederland, PL = Polska, PT = Portugal, RO = România, SE = Sverige, SI = Slovenija, SK = Slovensko, UK = United Kingdom.
+= Member States which under Article 7(3) may authorise hunting of the species listed.
ANNEX III
PART A
ANSERIFORMES
Anatidae
Anas platyrhynchos
GALLIFORMES
Tetraonidae
Lagopus lagopus lagopus, scoticus et hibernicus
Phasianidae
Alectoris rufa
Alectoris barbara
Perdix perdix
Phasianus colchicus
COLUMBIFORMES
Columbidae
Columba palumbus
PART B
ANSERIFORMES
Anatidae
Anser albifrons albifrons
Anser anser
Anas penelope
Anas crecca
Anas acuta
Anas clypeata
Aythya ferina
Aythya fuligula
Aythya marila
Somateria mollissima
Melanitta nigra
GALLIFORMES
Tetraonidae
Lagopus mutus
Tetrao tetrix britannicus
Tetrao urogallus
GRUIFORMES
Rallidae
Fulica atra
CHARADRIIFORMES
Charadriidae
Pluvialis apricaria
Scolopacidae
Lymnocryptes minimus
Gallinago gallinago
Scolopax rusticola
ANNEX IV
(a)
—
Snares (with the exception of Finland and Sweden for the capture of Lagopus lagopus lagopus and Lagopus mutus north of latitude 58° N), limes, hooks, live birds which are blind or mutilated used as decoys, tape recorders, electrocuting devices,
—
artificial light sources, mirrors, devices for illuminating targets, sighting devices for night shooting comprising an electronic image magnifier or image converter,
—
explosives,
—
nets, traps, poisoned or anaesthetic bait,
—
semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition;
(b)
—
aircraft, motor vehicles,
—
boats driven at a speed exceeding five kilometres per hour. On the open sea, Member States may, for safety reasons, authorise the use of motor-boats with a maximum speed of 18 kilometres per hour. Member States shall inform the Commission of any authorisations granted.
ANNEX V
(a)
National lists of species in danger of extinction or particularly endangered species, taking into account their geographical distribution.
(b)
Listing and ecological description of areas particularly important to migratory species on their migratory routes and as wintering and nesting grounds.
(c)
Listing of data on the population levels of migratory species as shown by ringing.
(d)
Assessing the influence of methods of taking wild birds on population levels.
(e)
Developing or refining ecological methods for preventing the type of damage caused by birds.
(f)
Determining the role of certain species as indicators of pollution.
(g)
Studying the adverse effect of chemical pollution on population levels of bird species.
ANNEX VI
PART A
REPEALED DIRECTIVE WITH LIST OF ITS SUCCESSIVE AMENDMENTS
(referred to in Article 18)
Council Directive 79/409/EEC
(OJ L 103, 25.4.1979, p. 1)
1979 Act of Accession, Annex I, point XIII.1.F
(OJ L 291, 19.11.1979, p. 111)
Council Directive 81/854/EEC
(OJ L 319, 7.11.1981, p. 3)
Commission Directive 85/411/EEC
(OJ L 233, 30.8.1985, p. 33)
1985 Act of Accession, Annex I, points X.1.(h) and X.6
(OJ L 302, 15.11.1985, p. 218)
Council Directive 86/122/EEC
(OJ L 100, 16.4.1986, p. 22)
Commission Directive 91/244/EEC
(OJ L 115, 8.5.1991, p. 41)
Council Directive 94/24/EC
(OJ L 164, 30.6.1994, p. 9)
1994 Act of Accession, Annex I, point VIII.E.1
(OJ C 241, 29.8.1994, p. 175)
Commission Directive 97/49/EC
(OJ L 223, 13.8.1997, p. 9)
Council Regulation (EC) No 807/2003
(OJ L 122, 16.5.2003, p. 36)
only Annex III, point 29
2003 Act of Accession, Annex II, point 16.C.1
(OJ L 236, 23.9.2003, p. 667)
Council Directive 2006/105/EC
(OJ L 363, 20.12.2006, p. 368)
only as regards the reference, in Article 1, to Directive 79/409/EEC and point A.1 of the Annex
Directive 2008/102/EC of the European Parliament and of the Council
(OJ L 323, 3.12.2008, p. 31)
PART B
LIST OF TIME LIMITS FOR TRANSPOSITION INTO NATIONAL LAW
(referred to in Article 18)
Directives
Time limit for transposition
79/409/EEC
7 April 1981
81/854/EEC
—
85/411/EEC
31 July 1986
86/122/EEC
—
91/244/EEC
31 July 1992
94/24/EC
29 September 1995
97/49/EC
30 September 1998
2006/105/EC
1 January 2007
2008/102/EC
—
ANNEX VII
CORRELATION TABLE
Directive 79/409/EEC
This Directive
Article 1(1) and (2)
Article 1(1) and (2)
Article 1(3)
—
Articles 2 to 5
Articles 2 to 5
Article 6(1), (2) and (3)
Article 6(1), (2) and (3)
Article 6(4)
—
Article 7(1), (2) and (3)
Article 7(1), (2) and (3)
Article 7(4), first sentence
Article 7(4), first subparagraph
Article 7(4), second sentence
Article 7(4), second subparagraph
Article 7(4), third sentence
Article 7(4), third subparagraph
Article 7(4), fourth sentence
Article 7(4), fourth subparagraph
Article 8
Article 8
Article 9(1)
Article 9(1)
Article 9(2), introductory wording
Article 9(2), introductory wording
Article 9(2), first indent
Article 9(2), point (a)
Article 9(2), second indent
Article 9(2), point (b)
Article 9(2), third indent
Article 9(2), point (c)
Article 9(2), fourth indent
Article 9(2), point (d)
Article 9(2), fifth indent
Article 9(2), point (e)
Article 9(3)
Article 9(3)
Article 9(4)
Article 9(4)
Article 10(1)
Article 10(1), first sentence
Article 10(2), first sentence
Article 10(1), second sentence
Article 10(2), second sentence
Article 10(2)
Articles 11 to 15
Articles 11 to 15
Article 16(1)
—
Article 17
Article 16
Article 18(1)
—
Article 18(2)
Article 17
—
Article 18
—
Article 19
Article 19
Article 20
Annex I
Annex I
Annex II/1
Annex II, Part A
Annex II/2
Annex II, Part B
Annex III/1
Annex III, Part A
Annex III/2
Annex III, Part B
Annex IV
Annex IV
Annex V
Annex V
—
Annex VI
—
Annex VII

Summary:
Conservation of wild birds
Conservation of wild birds
SUMMARY OF:
Directive 2009/147/EC on the conservation of wild birds
WHAT IS THE AIM OF THE DIRECTIVE?
It seeks to conserve all wild birds in the EU by setting out rules for their protection, conservation, management and control.
It covers birds, their eggs, nests and habitats.
It codifies legislation originally adopted in 1979 (Directive 79/409/EEC).
Directive 2009/147/EC was amended in 2019 by Regulation (EU) 2019/1010 which aligns and streamlines reporting obligations in the field of environmental law.
KEY POINTS
Measures for endangered species
EU countries must take action to maintain or restore the populations of bird species to a level which is in line with ecological, scientific and cultural requirements, while taking into account economic and recreational needs.
Measures for all bird species
Measures must be set in place to preserve, maintain or re-establish a sufficient diversity and area of habitats* for all bird species.
These measures mainly involve:
the creation of protected areas;
the upkeep and management of habitats inside and outside the protected areas; and
the re-establishment of destroyed biotopes*, and the creation of new ones.
Special measures
Certain species, listed in Annex I, as well as regularly occurring migratory species, not listed in Annex I, are subject to special measures concerning their habitat to ensure survival and reproduction in their area of distribution.
EU countries must classify the most suitable territories in number and size as special protection areas (SPAs) for the conservation of these species in areas of sea and land where the directive applies. Particular attention is paid to wetlands. The SPAs form part of the Natura 2000 network of protected sites, together with the Special Areas of Conservation designated under the Habitats Directive.
EU countries are required to take the appropriate steps to avoid: the deterioration of the habitats of the species; anddisturbance of the species for which the SPAs have been classified, where such disturbance could significantly affect the objectives of the directive.
EU countries are required to agree to plans or projects only after if they are sure that they will not adversely affect the SPAs concerned, based on an appropriate assessment of any implications for the sites’ conservation objectives.
General protection measures
This directive also puts in place general protection for all species of wild birds in the EU. In particular the following are banned: deliberate destruction or capture of wild birds;deliberate damage to nests and eggs;taking or keeping eggs;deliberate disturbance which puts conservation at risk; andkeeping birds, the hunting of which is banned;
exceptions to the above rules are possible under certain conditions.
Hunting of birds
Some species, whose numbers allow, listed in Annex II, may be hunted, if certain principles are observed: the number of birds taken must not threaten satisfactory population levels and wise use is ensured;species must not be hunted during periods of breeding or rearing;migratory species must not be hunted during their return to breeding grounds; andlarge-scale or non-selective killing methods are prohibited;
exceptions to the above rules are possible under certain conditions.
Research
EU countries must promote research for the purposes of the management, protection and wise exploitation (e.g., for establishing national lists of species in danger of extinction) of wild birds in Europe
Reporting
Regulation (EU) 2019/1010, which has applied since 26 June 2019, requires EU countries to submit a report to the European Commission every 6 years on the measures they have taken to implement Directive 2009/147/EC, and their main impacts.
That report must be made accessible to the public and include, in particular: information concerning the status and trends of wild bird species protected by this directive;the threats and pressures on them;the conservation measures taken for them; andthe contribution of the network of SPAs to the objectives of the directive.
The Commission sets out the format of the report by implementing acts.
Every 6 years, the Commission, assisted by the European Environment Agency, prepares and publishes a composite report based on the information it has received from the EU countries.
FROM WHEN DOES THE DIRECTIVE APPLY?
              
It has applied since 15 February 2010. Directive 2009/147/EC codified and replaced Directive 79/409/EEC and its subsequent amendments.
BACKGROUND
              
For more information, see:
Wild Birds (European Commission).
KEY TERMS
              
Habitat: a natural area or type of environment where a particular kind of animal or plant normally lives.
Biotope: an area of uniform environmental conditions providing a living space for a specific mix of animals and plants.
MAIN DOCUMENT
            
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (codified version) (OJ L 20, 26.1.2010, pp. 7-25)
Successive amendments to Directive 2009/147/EC have been incorporated into the original text. This consolidated version is of documentary value only.
RELATED DOCUMENTS
            
Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (OJ L 170, 25.6.2019, pp. 115-127)
last update 28.05.2020