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LEGISLATION ON NATURE
PROTECTION
Ilona Jančářová
INTERNATIONAL BACKGROUND
 Convention on the Conservation of European
Wildlife and Natural Habitats - Berne 1979
 Convention on Wetlands of International
Importance Especially as Waterfowl Habitat Ramsar
1971
 Convention on Migratory Species of Wild Animals
- Bonn 1979
 Convention on Biological Diversity - Rio de
Janeiro 1992
 Agreement on the International Dolphin
Conservation Programme, Washington, D.C.
1998
EU LEGISLATION
 Directive 79/409 Directive 2009/147/EC on
the conservation of wild birds (Wild Birds
Directive) amended by 2013/17/EU
 Directive 92/43/EEC on the conservation of natural
habitats of wild fauna and flora
(Habitats Directive), as amended
 Regulation 1143/2014 on invasive alien species
 Regulation 338/97 on the protection of species of
wild fauna and flora by regulating trade therein
WILD BIRDS DIRECTIVE
 Relates to all species of naturally occuring birds in
their wild state in the European territory of MS
 It applies to birds, their nests and habitats
 Only those species occuring on the territory of a MS
or species occuring elsewhere?
Case 247/85; C -149/94
WILD BIRDS DIRECTIVE
The scope of the directive:
 Protection
 Management
 Exploitation
 Control
- birds, their eggs, nests and habitats
- all stages of bird´s life
WILD BIRDS DIRECTIVE
Aim:
 To maintain the population of all species in the EU at a
level which corresponds in particular to ecological,
scientific and cultural requirements, while taking
account of economic and recreational requirements.
 to preserve, maintain or re- establish a sufficient
diversity and area of habitats for all the species of birds
 to ensure survival and reproduction of Annex I species
special conservation measures
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WILD BIRDS DIRECTIVE
Regulation is focused on:
 Habitat protection
 Prohibition of killing and other disturbances
 Limitation of hunting
 Trading in bird species
 all species of birds - Annex I species
- migratory species
WILD BIRDS DIRECTIVE
Habitat protection for all species:
 creation of protected areas;
 upkeep and management in accordance with the
ecological needs of habitats inside and outside the
protected zones;
 re-establishment of destroyed biotopes;
 creation of biotopes.
Habitat protection for Annex I species:
 Establishment of special protection areas (SPAs)
 Avoid pollution or deterioration of habitats or any
disturbances affecting the Annex I birds.
WILD BIRDS DIRECTIVE
Prohibition of killing and other disturbances for
all species of birds (Art. 5):
 deliberate killing or capture by any method;
 deliberate destruction of, or damage to, their nests
and eggs or removal of their nests;
 taking their eggs in the wild and keeping these eggs
even if empty;
 deliberate disturbance of these birds particularly
during the period of breeding and rearing, keeping
birds of species the hunting and capture of which is
prohibited.
WILD BIRDS DIRECTIVE
Restrictions on hunting and trading:
 General obligation applicable to all species (Art. 5)
- 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 is to be prohibited
 Derogation from the general prohibition in respect of species
referred to in the Annexes (Art. 6, 7)
 Derogation from the general prohibitions based on reasons
set in Art. 9 (the interests of public health and safety,
prevention of serious damage to crops, livestock, forests,
fisheries and water, etc.)
STURNUS VULGARIS (C-247/85) KINGFISHER
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HABITATS DIRECTIVE
Aim:
 To promote maintenance of biodiversity, taking
account of economic, social, cultural and
regional requirements
 To ensure conservation of a wide range of rare,
threatened or endemic species (450 species of
animals; 500 species of plants)
 To ensure conservation of their habitats and of rare
and characteristic types of habitats
HABITATS DIRECTIVE
Special protection of
 Conservation areas – types of habitat of Community
interest (Annex I), Priority habitats (Annex I*)
 Wild animal species whose habitats require
 Wild plant species protection (Annex II)
 Priority species (Annex II*)
- designation of special areas of conservation (SACs)
- establishment of European ecological network NATURA
2000 (SACs + SPAs)
HABITATS DIRECTIVE
 Designation of SACs:
1. MS propose a list indicating which natural habitat
types and which species occur in their territory
that are eligible for protection
2. Priority and non-priority habitats and species
3. List of sites of Community importance (SCI)
4. Designation of the SCI as a special area of
conservation (SAC) by the MS
5. Establishment of necessary conservation
measures for SACs by the MS
6. Management plans
HABITATS DIRECTIVE
- SITE PROTECTION
Assessment requirements:
 2- stage assessment of any plan or project likely to
have significant effect on the site
 General public opinion
 Prohibition of activities that could endanger wildllife
in the habitat
 Italian ban on the construction of large wind
turbines in a conservation area and a 200 metre
buffer zone (C- 2/10)
HABITATS DIRECTIVE
The competent national authorities shall agree to the plan
or project only after having ascertained that it will not
adversely affect the integrity of the site concerned
 1st stage assessment (likely to have/no significant effect)
 EIA (2nd stage - in depth assessment)
 Opinion of general public
 No significant adverse effect on the site
 Permit
HABITATS DIRECTIVE
 Derogations from the requirement of Art. 6(2),6(3) :
 (The competent national authorities shall agree to the
plan or project only after having ascertained that it will
not adversely affect the integrity of the site concerned)
 Imperative reasons of overriding public interest,
including those of social or economic nature
compensatory measures(Art. 6(4)
 Priority habitat or species only human health and
public safety or project beneficial for environment
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HABITATS DIRECTIVE
- SPECIES PROTECTION
 Protection of animal species (Art. 12)
 Protection of plant species (Art. 13)
strict protection of Annex IV species
Prohibition of:
 destruction or disturbance of their population
 keeping
 trading in
species of animals and plants listed in Annex IV
Derogation (Art. 16)
INVASIVE ALIEN SPECIES
REGULATION
 Invasive alien species are animals and plants that
are introduced accidentally or deliberatelly into a
natural environment where they are not normally
found, with serious negative consequences for their
new environment.
3 types of intervention:
 prevention
 early detection
 rapid eradication and management
EU LEGISLATION
 Regulation 1143/2014 on the prevention and
management of the introduction and spread of
invasive alien species
 List of Invasive Alien Species of Union concern
(implementing regulation (EU) 2016/1141)
37 species
 The first update of the list entered into force on
2.8.2017 49 species
Eriocheir sinensis (Chinese
mitten crab)
Myocastor coypus (Coypu)
Nyctereutes procyonoides (Raccoon
dog)
Procyon lotor (Raccoon) Pseudorasbora parva (Stone moroko)
Trachemys scripta (Red-eared, yellowbellied
and Cumberland sliders)
Sciurus niger (Fox squirrel)
CURRENT DRAFT FOR INCLUSION ON
THE LIST
Ailanthus altissima)
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CURRENT DRAFT FOR INCLUSION ON
THE LIST
Norek americký (Mustela vison,
Neovison vison)
Ameiurus nebulosus(Sumeček americký)
WHERE TO FIND?
 List of invasive alien species of Union concern
based on criteria laid down in Art. 4 of the Directive
 National list of invasive alien species of Member
State concern, pursuant to Article 12(1)
 Invasive alien species of regional concern
WHAT A MAN HAVE TO DO WITH
INVASIVE ALIEN SPECIES?
Preventive restrictions (Art. 7):
 do not bring in into the territory of the EU
 do not keep it
 do not breed it
 do not transport it within the EU
intentionally
 do not place it on the market
 do not use it or exchange it
 do not permit it to reproduce or cultivate
 do not release it into the environment
Prevention of unintentional introduction or spread
EU MS
WHAT A MAN HAVE TO DO WITH
INVASIVE ALIEN SPECIES?
No direct duties for individuals regarding to
 Detection, surveillance
 Emergency measures
 Eradiction
 Restoration of damaged ecosystems
EU MS are in charge!