Directive 79/409/CEE, adopted by the Council on 2 April 1979, concerns the protection not only of birds but also of their habitats.

As with all EC directives, the Directive on Wild Birds is a binding legal instrument : Member States must comply with the obligations it imposes upon them by adopting the necessary laws, regulations and administrative arrangements and by modifying their practices so as to comply with the provisions laid down in the directive.

The Directive establishes a general system of protection for all species of naturally occurring birds in the wild state in the European territory of the Member States. This general system prohibits :

deliberate killing or capture. 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 breeding and rearing period and keeping birds belonging to species which may not be hunted or captured. Measures concerning habitats Since the destruction of natural and semi-natural environments is the most serious threat to birds, the Directive focuses on preserving, maintaining and re-establishing a sufficient diversity and area of habitats. In particular, this includes the creation of protected areas and biotopes and the restoration of destroyed biotopes. These measures primarily concern vulnerable and rare species and those in danger of extinction. Such species shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction. A list of 181 such species and sub-species is presented in Annex I of the Directive. Member States shall classify in particular the most suitable territories in number and size as Special Protection Areas (SPAs) for the conservation of these species. Similar measures must be taken for regularly occurring migratory species not listed in Annex I. Particular attention is to be paid to the protection of wetlands and especially to those of international importance as laid down by the Ramsar Convention. About 1,600 sites, covering a total area of more than 100,000 square kilometres, have been designated as special protection areas. Others are still on the waiting list. Hunting and taking The 80 species listed in Annex II may be hunted under national legislation but Member States are to ensure that hunting does not jeopardise conservation efforts. The practice of hunting must comply with the principles of wise use and ecologically balanced control of the species of birds concerned. In particular, Member States are to ensure that : The BIRDS Directive bans the use of all means, arrangements or methods used for large-scale or non-selective capture or killing of birds capable of causing the local disappearance of a species. Derogations Member States may derogate from the provisions concerning the general system of protection. sale, hunting and killing where there is no other satisfactory solution. Such derogations must be taken according to a procedure and for reasons expressly defined : species which may be hunted are not hunted during the various stages of the breeding season, including the period during which the young birds are still dependent on the adults; migratory species which may be hunted are not to be hunted during their period of reproduction or during their return to their breeding grounds. in the interest of public health and safety; in the interest of air safety; to prevent damage to crops, lifestock, forests, fisheries and water ; for the protection of flora and fauna; for the purpose of research and teaching, of re-population and re-introduc tion; to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certains birds in small numbers. The ORNIS Committee The Directorate-General XI of the Commission is responsible for monitoring the implementation of the Directive in the Member States.. It is assisted by the ORNIS Committee, set up in accordance with the Directive, to adapt the Directive to technical and scientific progress. Its members of the Committee are representatives of the Member States. Most of them occupy positions within the nature conservation authority. The chairman is a representative of the Directorate-General XI. The Committee is assisted by a scientific working group made up of experts from the Member States. It meets at least once a year to discuss problems encountered by the Member States in implementing the provisions of the Directive and to consider possible amendments. FFH Directive (Fauna, Flora and Habitats) On 21 May 1992 the Council adopted Directive 92/43/CEE concerning the protection of natural and semi-natural habitats and wild fauna and flora. It does not replace but complements the Directive on Wild Birds, and, in addition to this Directive's Special Protection Areas, it provides for Special Areas of Conservation (SACs) extended to other groups of species and types of habitats. Special Areas of Conservation and Special Protection Areas form together the NATURA 2000 network. International Co-operation Besides the Directive on Wild Birds, three international legal instruments play an important role in the protection of birds. They are independent from the Directive, but they complement it. They are not restricted to birds and do not cover the same geographic area. 1. The RAMSAR CONVENTION Signed on 2 February 1971, the Convention on Wetlands of International Importance is based on the principle that it is above all the habitat of species of fauna and flora that must be protected. Land drainage and development over the past 20-30 years have caused a considerable reduction in the surface area of wetlands in Europe and beyond. Wetlands are defined as being areas of marsh, fen, peat-land or water, whether permanent or temporary, with water that is standing or flowing, fresh, brackish or salt. Each contracting party is to designate, within its national territory, wetlands of international importance in terms of ecology, botany, zoology, limnology or hydrology, for inclusion in an international list. This list is maintained by the World Conservation Union (IUCN). In the first instance, wetlands of international importance to waterfowl at any season should be designated. All Member States of the European Union, except Luxembourg, have ratified this convention. 2. The BONN CONVENTION The Convention on the Conservation of Migratory Species of Wild Animals (CMS) was signed on 23 June 1979. It concerns not only species of birds, but also species of mammals — terrestrial and marine —, reptiles and fish. The contracting parties recognise that the effective conservation of these species requires the concerted action of all States within which these species spend any part of their life cycle. Immediate protection is to be provided for migratory species threatened with extinction. Contracting parties must also pay special attention to migratory species with an unfavourable conservation status and, individually or in co-operation, take appropriate and necessary steps to conserve such species and their habitats. In addition, the concluding of international agreements for the conservation and management of such species is encouraged. The European Union and most Member States are parties to this convention. 3. The BERN CONVENTION The Convention on the Conservation of European Wildlife and Natural Habitats was signed on 19 September 1979. It is based on the principle that wild flora and fauna constitute a natural heritage which plays a vital role in maintaining biological balances. The contracting parties recognise the importance of conserving wild flora and fauna and their natural habitats, especially those species and habitats whose conservation requires the co-operation of several States. Particular attention has to be given to endangered and vulnerable species. The European Union and all Member States are contracting parties.