Summary
Summary reading Environmental Law week 7 (GEO2-2424)
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summary of Jans/Vedder 2012, chapter 19, p. 506-518 using bulletpoints
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Reading12 January 2022
20:25
19 legislation on the conservation of
nature
The legal competence in the field of nature conservation was initially doubted by
many because of the lack of any relevance to market integration, however, many
measures have been adopted since 1979
Treaties concern protecting wildlife, flora and fauna and acknowledge the
importance of animal welfare
19.1 the wild birds directive
General scope: directive 2009/147 covers the protection, management and control
of bi5d species and lays down rules for their exploitation
Extends to the whole territory of the EU
MSs are required to take the requisite measures to maintain the population of the
species in question at a level which corresponds in particular to ecological, scientific
and cultural requirements, while taking account of economic and recreational
requirements
Court has stated that the provision does not constitute an independent
derogation from the general requirements of the directive
MSs must take requisite measures to preserve, maintain or re-establish a sufficient
diversity and area of habitats for all the species of birds covered by the directive
Example measures: creation of protected areas, creation of biotopes, etc.
MSs need to take special conservation measures for species listed in Annex I => MSs
should take appropriate steps to avoid pollution or deterioration of habitats or any
disturbances affecting the birds in these protection areas (Article 4(4) of the Wild
Birds Directive)
Replaced by Habitat Directive article 6(2), (3) and (4)
Measures which will adversely affect special protection area are possible under
certain circumstances (Leybucht case)
Three provisions on restrictions on hunting and trading:
Prohibits the deliberate killing or capture of birds, the deliberate destruction of, or
damage to, their nests and egg removal of their nests
Provid3es for derogations from these general prohibitions in respect of the species
referred to in the Annexes
Thus the sale and hunting of species may be allowed under certain
circumstances
MSs may derogate from the general prohibitions and the provisions on hunting and
trading if three conditions are met:
There must be no other satisfactory solution
The derogation must be to prevent damage to crops, livestock, forests,
fisheries and water
It must specify the details laid down in article 9(2)
Other provisions: article 10 on research, article 11 on prevention of damage to local
flora and fauna by the introduction of exotic species of bird, article 12 on reports and
article 13 on a standstill requirement
19.2 the habitats directive
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