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Council Directive 79/409/EEC on the conservation of wild birds

 

European Community meets its obligations for brid species under the Bern Convention and Bonn Convention by means of the  Council Directive 79/409/EEC on the conservation of wild birds (PDF 209KB) (the 'Birds Directive').The Directive provides a framework for the conservation and management of, and human interactions with, wild birds in Europe. It sets broad objectives for a wide range of activities, although the precise legal mechanisms for their achievement are at the discretion of each Member State (in the UK delivery is via several different statutes). The Directive applies to the UK and to its overseas territory of Gibraltar.
 
The main provisions of the Directive include:
  • The maintenance of the favourable conservation status of all wild bird species across their distributional range (Article 2) with the encouragement of various activities to that end (Article 3).
  • The identification and classification of Special Protection Areas for rare or vulnerable species listed in Annex I  of the Directive, as well as for all regularly occurring migratory species, paying particular attention to the protection of wetlands of international importance (Article 4). (Together with Special Areas of Conservation (SACs) designated under the Habitats Directive, SPAs form a network of pan-European protected areas known as Natura 2000 .)
  • The establishment of a general scheme of protection for all wild birds (Article 5).
  • Restrictions on the sale and keeping of wild birds (Article 6).
  • Specification of the conditions under which hunting and falconry can be undertaken (Article 7). (Huntable species are listed on Annex II.1 and Annex II.2 of the Directive).
  • Prohibition of large-scale non-selective means of bird killing (Article 8).
  • Procedures under which Member States may derogate from the provisions of Articles 5-8 (Article 9) — that is, the conditions under which permission may be given for otherwise prohibited activities.
  • Encouragement of certain forms of relevant research (Article 10).
  • Requirements to ensure that introduction of non-native birds do not threatened other biodiversity (Article 11).
 
A very wide range of other statutory and non-statutory activities also support the Bird Directive's implementation in the UK. This includes national bird monitoring schemes , bird conservation research, and the UK Biodiversity Action Plan which involves action for a number of bird species and the habitats which support them.
 
It is generally UK policy that areas classified as SPAs are first notified as Sites of Special Scientific Interest (or as Areas of Special Scientific Interest in Northern Ireland) as this provides the legal underpinning for SPAs in domestic legislation. However, a few SPAs, for example some designated for Corncrakes in Scotland (PDF 33KB), are not notified as SSSI, and SSSI notification is not applicable to marine areas. In these cases, positive management is promoted by wider countryside measures, while protection relies on the provisions of the Habitats Regulations. Summary details of classified SPAs in the UK are available.
 
The Directive has facilitated much co-operative conservation action across the European Union. Many initiatives have increased understanding of conservation needs, including the development of international action plans for the most threatened species (including for the UK, bittern, white-tailed eagle, corncrake, aquatic warbler and Scottish crossbill). Recent years have seen the development of the Ornis database, a major review of the timing of migration and breeding of quarry species listed under Article II of the Directive, as well as a range of guidance on hunting issues.
 
JNCC acts a technical advisor to Defra regarding the UK's implementation of the Birds Directive, and co-ordinates relevant actions across the country agencies. A major task was the co-ordination of the UK's review of Special Protection Areas, published in 2001.
 
In the UK, the provisions of the Birds Directive are implemented through the Wildlife & Countryside Act 1981 (as amended) The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), the Wildlife (Northern Ireland) Order 1985, the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 and The Conservation (Natural Habitats, &C.) (Northern Ireland) Regulations 1995 (as amended). The 'Habitats Regulations' apply to the UK land area and its territorial sea (to 12 nautical miles from the coast), and are supported by government policy guidance .