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What is the Birds Directive?

Oystercatcher flock in flight
Oystercatcher flock

It applies to the birds, their eggs, nests and habitats. It places a broad requirement on Member States to take necessary measures to maintain the populations of all wild birds at levels determined by ecological, scientific and cultural needs. In doing so, Member States must also consider economic and recreational needs.

Species and habitat conservation
The Directive divides into two main parts: habitat conservation and species protection. In summary, it requires Member States to preserve, maintain and re-establish sufficient diversity and area of habitats for all wild birds. 

For particular rare and threatened species, this must involve:

  • creating protected areas, including Special Protection Areas under Article 4
  • appropriate management of habitats both inside and outside protected areas
  • re-establishing habitats destroyed and creating new habitats    

Generally, the Birds Directive also requires Member States to prohibit:

  • the deliberate killing or capture of all species of wild birds that occur naturally in Europe
  • damage to nests or eggs
  • the taking or keeping of eggs
  • the keeping of birds and the deliberate disturbance of birds particularly during the breeding season    

There are exceptions permitting the hunting of some species, and to protect human interests, such as public health and agriculture.

The Birds Directive in the UK
For more than 10 years, the principle vehicle for implementing the Birds Directive (in terms of site protection and species protection) was the Wildlife & Countryside Act 1981 (as amended), the Nature Conservation & Amenity Lands (Northern Ireland) Order 1985 and the Wildlife (Northern Ireland) Order 1985 in Northern Ireland. 

However, the Countryside & Rights of way Act 2000 and the Environment (Northern Ireland) Order 2002 have significantly changed the protection regime afforded to SSSIs in England and Wales, and ASSIs in Northern Ireland. The Nature Conservation (Scotland) Bill should greatly improve the protection and management of SSSIs in Scotland.

Last modified: 02 April 2004