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This article provides an overview of the implementation of Directive 2009/147/EC on the conservation of wild birds in Denmark. It focuses on the special protection areas, general protection measures, and recommended conservation strategies for maintaining favorable conservation status. The legislative differences between Denmark and Germany are also highlighted.
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DIRECTIVE 2009/147/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2009 on the conservation of wild birdsImplementation in Denmark by/Henrik Wejdling BirdLife-Denmark Dansk Ornitologisk Forening
Short on Denmark & Forest In average 14,5 %
Birds Directive (2009/147/EC) • Two important Articles: • 4 on Special Protection Areas (SPAs), Annex I-species • 5 on general protection of (all) species of birds – especially protection against deliberate destruction of nests and deliberate disturbance
Article 4: Special Protection Areas (SPAs), Annex I-species • The species mentioned in Annex I shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution. • Member States shall classify in particular the most suitable territories in number and size as special protection areas for the conservation of these species in the geographical sea and land area where this Directive applies. SPAs
Danish Forrest-Species, Annex 1 (13) Melnais stārķis *) Open woodland/pasture with trees and bushes
SPAs in total: 113 Of which with forrest birds: 47 SPAs with 1 species: 26 SPAs with 2 species: 8 SPAs with 3 species: 7 SPAs with 5 species: 3 SPAs with 6 species: 2 SPAs with 9 species: 1 1 3 3 9 5 1 1 1 3 6 5 3 3 1 1 2 1 1 3 3 1 1 1 1 1 5 2 6 2 1 2 2 1 2 1 1 1 1 2 1 1 1 1 1 1 2 1
Natura 2000 22,220 Natura 2000 in Denmark,km2 Habitat 19,300 SPAs (Birds) 14,700 2,920 11,780
Special conservation measures (?) – only recommendations • Within Natura 2000-areas there are no special legislation except for a mandatory hearing before certain activities (such as conversion). • If the authorities says ‘No’, the owner should be fully compensated. • The authorities back in 2003 laid down a lot of scientificly based recommendations:
Recommendations for favourable conservation status • For all species of birds included in Annex 1 and found regularly in Denmark a series of measures required to maintain or restore the natural habitats and the populations of those species at a favourable status were specified and recommended by 2003 (scientifically). • As for nests and their protection the following were recommended (compared to the official guideline for State Forrest to day):
Article 5: Prohibiting deliberate destruction of nests/disturbance particularly during period of breeding Member States shall take the requisite measures to establish a general system of protection for all species of birds referred to in Article 1 [i.e. ‘all species’], prohibiting in particular: • …….. • (b) deliberate destruction of, or damage to, their nests and eggs or removal of their nests; • …….. • (d) deliberate disturbance of these birds particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of this Directive;
Danish implementation • As for Article 5 b & d fully implementation has been fulfilled (same wording) • In general it is forbidden by law deliberately to destruct or damage any nests or eggs or deliberately to disturb any breeding bird. • Besides explicit measures for certain species • The trees of their nests are protected at least during breeding season and for some species all year as long as the nests are useable:
*) Due to general protection of bats (according to Habitat Directive) = Annex I
Legislative differences, Germany/Denmark Example: Osprey, Pandion haliaetus In breedingseasonnoforestry, agriculture, fishery or hunting (300 m) Onlyprotection of the tree and only in breedingseason All year: Neithercutting or remowing of timber nor otherchangingactivities (100 m)
Norway, Agder & Telemark Protecting areas, meters
Different countries – different species and different needs • Due to differences in for instance: • History • Density of species • Local habituation • - the needs are not the same in all countries • In some countries also non-Annex-I-species needs special protection while some Annex-I-species are doing well without
Summarising – 12 species of Danish (DOF-) concern = DOF-proposal for FSC-standard = Annex I