Wildlife & Habitats [EU]
Bern Convention
Convention on the conservation of European wildlife and natural habitats
Decision 88/72/EEC — conclusion of the Convention on the conservation of European wildlife and natural habitats
The convention, adopted at Bern on 19 September 1979, aims to promote cooperation between the signatory countries in order to conserve wild flora and fauna and their natural habitats and to protect endangered migratory species.
The decision concludes the agreement on behalf of the European Economic Community (now the EU).
Key Points
The EU is a contracting party to the convention on the conservation of European wildlife and natural habitats.
Wild flora and fauna constitute a natural heritage of great value that needs to be preserved and handed on to future generations. In addition to national protection programmes, the parties to the Convention consider that cooperation should be established at a European level.
The parties undertake to:
promote national policies for the conservation of wild flora, wild fauna and natural habitats;
integrate the conservation of wild flora and fauna into national planning, development and environmental policies;
promote education and disseminate information on the need to conserve species of wild flora and fauna and their habitats.
The parties agree to take appropriate legislative and administrative measures to protect the wild flora species specified in Appendix I (Strictly protected flora species). The convention prohibits the deliberate
picking, collecting, cutting or uprooting of such plants.
Appropriate legislative and administrative measures must also be adopted to conserve the wild fauna species listed in Appendix II (Strictly protected fauna species). The following are prohibited:
all forms of deliberate capture and keeping, and deliberate killing;
the deliberate damage to or destruction of breeding or resting sites;
the deliberate disturbance of wild fauna, particularly during the period of breeding, rearing and hibernation;
the deliberate destruction or taking of eggs from the wild or keeping these eggs;
the possession of and internal trade in these animals, alive or dead, including stuffed animals, and any part or derivative of these animals.
Any exploitation of wild fauna specified in Appendix III (Protected fauna species) must be regulated in order to keep the populations out of danger (temporary or local prohibition of exploitation, regulation of transport or sale, etc.). The parties are prohibited from using indiscriminate means of capture and killing capable of causing the disappearance of, or serious disturbance to, the species.
The convention lists some exceptions to the above:
for the protection of flora and fauna;
to prevent serious damage to crops, livestock, forests, fisheries, water and other forms of property;
in the interests of public health and safety, air safety or other overriding public interests;
for the purposes of research and education, of repopulation, of reintroduction and for necessary breeding;
to permit, under strictly supervised conditions, the taking, keeping or other judicious exploitation of certain wild animals and plants in small numbers.
The contracting parties undertake to coordinate their efforts for the protection of the migratory species specified in Appendices II and III whose range extends into their territories.
A standing committee responsible for following the application of the convention is set up.
Application & Background
The Bern Convention entered into force on 6 June 1982.
For more information, see:
Bern Convention (Council of Europe).
MAIN DOCUMENTS
Convention on the conservation of European wildlife and natural habitats (OJ L 38, 10.2.1982, pp. 3-32)
Council Decision 82/72/EEC of 3 December 1981 concerning the conclusion of the Convention on the conservation of European wildlife and natural habitats (Bern Convention) (OJ L 38, 10.2.1982, pp. 1-2)
RELATED DOCUMENTS
Council Decision 98/746/EC of 21 December 1998 concerning the approval, on behalf of the Community, of amendments to Appendices II and III to the Berne Convention on the conservation of European wildlife and natural habitats adopted at the 17th meeting of the Convention’s Standing Committee (OJ L 358, 31.12.1998, p. 114)
Protecting Europe’s biodiversity (Natura 2000)
Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora
It seeks to contribute to ensuring biodiversity in the European Union by the conservation of:
natural habitats, and
wild fauna and flora species.
It sets up the ‘Natura 2000’ network, the largest ecological network in the world. Natura 2000 comprises special areas of conservation designated by EU countries under this directive. Natura 2000 also includes the special protection areas classified under the Birds Directive (Directive 2009/147/EC).
Protection of sites (Natura 2000 network)
The directive’s Annexes I and II list the types of habitats and species of special areas of conservation whose conservation requires the designation of special areas of conservation*. Some of these are defined as ‘priority’ habitats or species in danger of disappearing and for which there are specific rules.
Annex III lists the criteria for selecting sites eligible for identification as sites of Community importance and for designation as special areas of conservation.
The designation process is in 3 stages:
1.Using the criteria in the annexes, each EU country draws up a list of sites hosting natural habitats and wild fauna and flora.
2.On the basis of the national lists and in agreement with the EU countries, the European Commission then adopts a list of sites of Community importance for each of the EU’s 9 biogeographical regions:
the Alpine region;
the Atlantic region;
the Black Sea region;
the Boreal region;
the Continental region;
the Macaronesian region;
the Mediterranean region;
the Pannonian region;
the Steppic region.
3.Within 6 years of the selection of a site of Community importance, the EU country concerned must designate it as a special area of conservation.
Consultation procedure
Where the Commission considers that a site which hosts a priority natural habitat type or species has been omitted from a national list, a consultation procedure may take place between itself and the country in question. If the result is unsatisfactory, the Commission may forward a proposal to the Council on the selection of the site as one of Community importance.
Conservation objectives and measures
Once special areas for conservation are designated, EU countries must introduce appropriate conservation objectives and measures. They must do everything possible to:
guarantee the conservation of habitats in these areas;
avoid their deterioration and any significant disturbance to species.
EU countries must also:
encourage the proper management of landscape features essential for the migration, dispersal and genetic exchange of wild species;
undertake surveillance of both habitats and species.
Assessment of plans/projects
Any plan or project that is likely to have a significant impact on a Natura 2000 site should be a subject of appropriate assessment. EU countries must agree on a plan or project only after having ascertained that it will not have a significant impact on the integrity of protected sites.
In the absence of other alternatives, some projects that will cause significant negative impact may still be permitted for imperative reasons of overriding public interest (i.e. social or economic reasons). Where this arises, EU countries must introduce compensatory measures to ensure the overall coherence of the Natura 2000 network.
Protection of species
EU countries must:
establish systems of strict protection for animal and plant species which are particularly threatened (Annex IV), prohibiting
all forms of deliberate capture or killing of specimens of these species in the wild;
deliberate disturbance of these species, particularly during the period of breeding, rearing, hibernation and migration;
deliberate destruction or taking of eggs from the wild;
deterioration or destruction of breeding sites or resting places;
prohibit the use of non-selective methods of taking, capturing or killing certain animal and plant species (Annex V);
set up a system to monitor the incidental capture and killing of the animal species listed in Annex IV(a);
report the measures they have taken to the Commission every 6 years. The Commission then issues a composite report covering the entire EU.
Application & Background
It has applied since 10 June 1992. EU countries had to incorporate it into national law by 10 June 1994.
The Natura 2000 network represents almost one fifth of the EU’s land area and more than 250 000 km2 of marine area.
See also:
‘The Habitats Directive’ on the European Commission’s website.
‘The Birds Directive’ on the European Commission’s website.
‘Natura 2000’ on the European Commission’s website.
‘European Topic Centre on Biological Diversity’ on the Eionet’s website.
KEY TERMS
Special area of conservation: a site of Community (i.e. EU) importance designated by EU countries where the required conservation measures are taken to ensure that the favourable conservation status of the natural habitats and/or the populations of the species for which the site is designated is maintained or restored.
MAIN DOCUMENT
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, pp. 7-50)
Successive amendments to Directive 92/43/EEC have been incorporated in the original text. This consolidated version is of documentary value only.
RELATED DOCUMENTS
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, pp. 7-25)
See consolidated version.
Report from the Commission to the Council and the European Parliament — The state of nature in the European Union — Report on the status of and trends for habitat types and species covered by the Birds and Habitats Directives for the 2007-2012 period as required under Article 17 of the Habitats Directive and Article 12 of the Birds Directive (COM(2015) 219 final, 20.5.2015)
last update 21.02.2017
Convention on the conservation of migratory species of wild animals
— Bonn Convention
Convention on the conservation of migratory species of wild animals
Decision 82/461/EEC — conclusion of the convention on the conservation of migratory species of wild animals
The objective of the Bonn Convention is the conservation of migratory species* of wild animals worldwide. Wild animals require special attention because of their importance from the environmental, ecological, genetic, scientific, recreational, cultural, educational, social and economic points of view. Conservation of migratory species particularly requires international cooperation to ensure protection across their full range.
The decision concludes the convention on behalf of the EEC (now the EU).
Key Points
The parties to the convention acknowledge the importance of conserving migratory species, and the need to pay special attention to species whose conservation status* is unfavourable.
To avoid any migratory species becoming endangered*, the parties must aim to:
promote, cooperate in or support research relating to migratory species; and
conclude agreements covering the conservation and management of migratory species listed in Appendix II.
To protect endangered migratory species, the parties to the convention will aim to:
provide immediate protection for migratory species included in Appendix I;
conserve or restore the habitats of endangered species;
prevent, remove, compensate for or minimise the adverse effects of activities or obstacles that impede the migration of the species; and
prevent, reduce or control factors that are endangering or are likely to further endanger the species, as far as feasible and appropriate.
Range countries of migratory species must prohibit the taking of animals belonging to species listed in Appendix I, with certain exceptions, such as taking for scientific purposes, or to enhance the breeding or survival of the species. These exceptions must be precise as to content and limited in place and time, and should not operate to the disadvantage of the species.
The conservation and management of the species listed in Appendix II may require international agreements.
Guidelines for agreements:
restore or maintain the migratory species concerned;
cover the whole of the range of the migratory species concerned;
be open to accession by all range countries, whether or not they are parties to the Convention;
where feasible, concern several species.
Each agreement must contain the following information:
the name of the migratory species concerned;
its range and migration route;
measures for implementing the agreement;
procedures for the settlement of disputes;
designation of the authority concerned with the implementation of the agreement.
A
esearch into the species;
the exchange of information on the migratory species;
the restoration or maintenance of a network of suitable habitats for the conservation of the species;
periodic review of the conservation status of the species;
emergency procedures whereby conservation action would be rapidly strengthened.
A different type of agreements are those under Article IV (4) of the Convention. These are not restricted to species listed in Appendix II of the Convention, and may be concluded for any population or any geographically separate part of the population of any species or lower taxon of wild animals, whose members periodically cross one or more national jurisdictional boundaries.
The Conference of the Parties is the decision-making body of the convention. It reviews the implementation of the convention and can adopt recommendations.
The convention, and its Appendices I and II, can be amended.
Any dispute between parties to the convention must be settled by negotiation between the parties involved. If the dispute cannot be resolved by negotiation, it may be submitted to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, whose decision will be binding on the parties.
Application & Background
The Bonn Convention was signed in 1979 and entered into force on 1 November 1983.
For more information, see:
Global biodiversity (European Commission)
CMS (Convention on the Conservation of Migratory Species of Wild Animals).
KEY TERMS
Migratory species: the entire population or any geographically separate part of the population of any species or lower taxon of wild animals a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries.
Range: areas of land or water that a migratory species inhabits, crosses or overflies on its migration route.
Conservation status of a migratory species: the sum of the influences acting on the migratory species that may affect its long-term distribution and abundance.
Endangered: the migratory species is in danger of extinction throughout all or part of the territory of a country.
MAIN DOCUMENTS
Convention on the conservation of migratory species of wild animals (OJ L 210, 19.7.1982, pp. 11-22)
Council Decision 82/461/EEC of 24 June 1982 on the conclusion of the Convention on the conservation of migratory species of wild animals (OJ L 210, 19.7.1982, p. 10)
RELATED DOCUMENTS
Council Decision 2006/871/EC of 18 July 2005 on the conclusion on behalf of the European Community of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (OJ L 345, 8.12.2006, pp. 24-25)
Council Decision 98/145/EC of 12 February 1998 on the approval, on behalf of the European Community, of the amendments to Appendices I and II to the Bonn Convention on the conservation of migratory species of wild animals as decided by the fifth meeting of the Conference of the parties to the Convention (OJ L 46, 17.2.1998, pp. 6-7)
Ensuring trade in wild fauna and flora does not threaten their survival
Regulation (EC) No 338/97 — regulating trade so as to protect species of wild fauna and flora
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has to be implemented uniformly in all EU countries, in view of the EU’s single market and the absence of systematic border controls.
CITES is implemented in the EU through EU wildlife trade regulations. EU countries apply rules on the import and export of endangered species of animals and plants, and products derived from them.
Trade controls
The import of specimens of endangered species into the EU requires a permit issued by an authority of the EU country of destination or an import notification.
Export from the EU requires an export permit or a re-export certificate issued by an authority of the EU country in which the specimens are located.
Categories of species are outlined in Annexes A to D of the regulation.
Trade in species listed in Annex A, such as the cheetah, is prohibited, while movement of live animals within the EU requires prior authorisation.
Movement of a live specimen of a species listed in Annexes B and C, such as the cobra or the mongoose, is subject to rules on certification and adequate housing and care, while Annex D covers other cases of the transit of live animals, whole skins and plant products.
Further restrictions may be imposed in specific circumstances, and EU countries may have their own tougher rules.
Special rules apply to specimens born and bred in captivity or that are the result of artificial reproduction, part of personal effects or destined for scientific institutions.
Organisation and communication
EU countries must:
designate customs offices to carry out the checks;
designate the management and scientific authorities responsible for implementation;
monitor compliance and penalise infringements;
draw up reports and exchange information on implementation and any permit rejections.
In February 2014, the European Commission issued a communication launching the debate on the EU’s approach in regard to wildlife trafficking. This was followed, in February 2016, by a Commission action plan on wildlife trafficking.
Application & Background
It has applied since 1 June 1997.
For more information, see:
The European Union and Trade in Wild Fauna and Flora (European Commission)
MAIN DOCUMENT
Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, pp. 1–69)
Successive amendments to Regulation (EC) No 338/97 have been incorporated into the basic text. This consolidated version is of documentary value only.
RELATED DOCUMENTS
Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.6.2006, pp. 1-69)
See consolidated version
Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006 (OJ L 242, 7.9.2012, pp. 13-45)
See consolidated version
Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of the European Union to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (OJ L 75, 19.3.2015, pp. 1-3)
Commission Implementing Regulation (EU) No 2015/736 of 7 May 2015 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora (OJ L 117, 8.5.2015, pp. 25-44)
Communication from the Commission to the Council and the European Parliament on the EU Approach against Wildlife Trafficking (COM(2014) 64 final, 7.2.2014)
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — EU Action Plan against Wildlife Trafficking (COM(2016) 87 final, 26.2.2016)