Habitats Directive
Obligations of protection of species
- Derogations (Article 16)
In contrast to the Birds Directive, the derogations in the Habitats Directive are more extensive. Derogation is allowed where one of the elements laid down in Article 16 (1) (a - e) of the directive apply.
Unlike the derogations allowed in the context of SPAs, the ones allowed for the protection of species are not stated to be applicable mutatis mutandis to the Birds Directive.
Therefore it must be assumed that, within the scope of the Birds Directive, derogation is only possible in relation to the prohibitions on capture and trading (Article 9).
The Member States are obliged to report every two years on these derogations to the European Commission. In this context, according to Article 17 of the Habitats Directive, Member States draw up a report on the progress made with the implementation of the Habitats Directive every six years.
In 2007, the Commission, in co-operation with the Member States, drew up a “Guidance Document on the strict protection of animal species" , with the aim of better understanding the previous provisions (Article 12 and 16).
In 2008 the Commission began to support the development of Species Action Plans for selected species listed in the Habitats Directive, such as the Action Plan for the Conservation of the Common Midwife Toad Alytes obstetricans in the European Union. The plans are intended to be used as a tool for identifying and prioritising measures to restore the population of these species across their range within the European Union. They provide information about the status, ecology, threats and current conservation measures for each species and list the key actions that are required to improve their conservation status in Europe.
As well as the European management plans for sustainable hunting within the scope of the Birds Directive, the Species Action Plans are neither binding, nor do they bind the Member States beyond their existing legal commitments under this directive. They only provide assistance to the Member States in order to conserve the listed species.