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) as amended
 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
The scope of the directive:
 Protection
 Management
 Exploitation
 Control
- birds, their eggs, nests and habitats
- all stages of bird´s life
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
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
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;
 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) (for example
hunting and sale of species)
 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
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 as SCI
2. Priority and non-priority habitats and species
3. Proposed SCIs must be accepted by the Commission
4. List of sites of Community importance (SCI)
5. Designation of the SCI as a special area of
conservation (SAC) by the MS
6. Establishment of necessary conservation
measures for SACs by the MS
7. 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
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)