Sustainable hunting under the Birds Directive

The Birds Directive recognises the legitimacy of hunting wild birds as a form of sustainable use. It therefore allows the hunting of 84 huntable species listed in Annex II, provided this is done in a sustainable manner that does not jeopardise their survival.

Member States are required to send the Commission all relevant information on the practical application of their hunting regulations.

In 2008, the Commission published an updated Guidance Document on ‘Hunting under the Birds Directive’. It provides clear guidance on how Member States should reflect the principles laid down in the Directive in their national measures for regulating hunting.

The guidance document aims to provide better clarification of the requirements of the Birds Directive relating to hunting, within the existing legal framework and case law. It is based on scientific principles and data and is faithful to the overall aims of the Directive. It further looks at the issue of the timing of recreational hunting under the Birds Directive, identifies the possibilities and limitations for flexibility in fixing hunting seasons and addresses the issue of derogations.

The Commission and the Committee of representatives of Member States for the adaptation to technical and scientific progress (called the 'ORNIS committee') have recognised the need to have a clear interpretation of the concepts of Article 7(4) of the Birds Directive. The article refers to the period of reproduction and of pre-nuptial migration (return to the breeding areas) for huntable bird species listed on Annex II of the Directive.

The need for this information arose from a Court of Justice ruling of 1994 (cf. Association Pour la Protection des Animaux Sauvages and Others v. Préfet de Maine-et-Loire and Préfet de la Loire-Atlantique, Judgement of the Court of January 1994. C-435/ 92). The ruling concluded that complete protection of huntable species must be guaranteed during these periods. A review of the best available information on the period of pre-nuptial migration and reproduction of the huntable species was first carried out in 2001 and approved by the ORNIS Committee. It has since been updated at regular intervals.

The most recent update was published in 2021 and consists of the following documents:

• The introduction to the document “Huntable bird species under the Birds Directive – scientific overview of the periods of return to their rearing grounds and of reproduction in the Member States”
• The 82 species accounts
• The list of references used
• The full database with all the data and references used

According to the latest State of Nature in the EU report, half of the species listed in Annex II of the directive (42 species) continue to have an unfavourable conservation status. Concerned by the fact that so many huntable species are still in such a poor state of conservation, in 2022 the Commission set up a Task Force on the Recovery of Birds (TFRB). The aim is to support the development of the necessary measures needed to facilitate their recovery. The Task Force meets twice a year.

The Commission is working on the implementation of the International Action plan on the Turtle Dove (Streptopelia turtur) as a test case for other species. The main goal is to restore the species to a favourable population status so it can be safely removed from the threatened categories of the IUCN Red List. To achieve this, the Commission set up a Task force on the recovery of birds for the Turtle Dove. It financed an EU adaptive harvest management mechanism in the Western flyway and Central-eastern flyway to assess harvest possibilities on the basis of the legal requirements of the Birds Directive. The work included habitat-related topics, such as ongoing habitat management measures and good practices and possible mechanisms to integrate habitat management with hunting opportunities.

Since 2000, the Commission has supported the development of management plans for several species listed in Annex II. In the long term, these are aimed at restoring their populations to a favourable conservation status in the EU and addressing the most urgent issues to halt the species’ declines.

From February 2023, using lead gunshot in wetlands is banned in the EU thanks to the Commission Regulation restricting the use of lead gunshot in wetlands that took full effect. The new rules will help protect the health of EU wetlands and prevent around 1 million birds dying of lead poisoning each year. The regulation prohibits discharging and carrying lead shot within 100 metres of wetlands, ensuring that non-toxic ammunition is used instead. 

Member States are reminded to implement the new regulation and to communicate on this restriction towards the hunting community. The hunting community is also invited to raise awareness on this restriction among its members.

The European Chemicals agency (ECHA) has also prepared a restriction dossier on lead use in hunting (beyond wetlands), sports shooting and in fishing. The proposed ban concerns all types of ammunitions used for hunting and sport shooting. The draft opinion of the Committee for Socio-Economic Analysis (SEAC) of ECHA was agreed on 2 June 2022 and underwent a public consultation. Based on ECHA’s final report, the Commission will prepare a legislative proposal for amending the list of substances restricted under REACH that will be submitted to a vote by the EU Member States in the REACH Committee. This is expected in 2023.

To ensure proper implementation of the provisions on hunting, the Commission has sought to foster dialogue and cooperation with different interest groups.

In 2001, the Commission launched an EU ‘Sustainable Hunting Initiative’ to help improve the understanding of the legal and technical aspects of the Directive’s provisions on hunting and to develop a programme of scientific, conservation and awareness raising measures to promote sustainable hunting in accordance with the Directive.

In 2004, the key partners of the Sustainable Hunting Initiative – BirdLife International and FACE (the Federation of Associations for Hunting and Conservation of the EU) – reached an agreement on ten points  which will enable hunting to continue within a well-regulated framework, whilst fully respecting the provisions of the Directive.

In 2007, the annual meeting of the Parties (Standing Committee) to the Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 1979), adopted the European Charter on Hunting and Biodiversity. This charter is meant to reinforce the implementation and coherence of global and European biodiversity instruments such as the Convention on Biological Diversity and the European Community’s Birds and Habitats Directives and is fully supportive of the Sustainable Hunting Initiative.