The European Commission has published its new Guidance Document on the General System of Protection of Bird Species under the Birds Directive, offering updated clarification on the interpretation of Articles 5 and 9. The publication is an important development for policymakers, conservation stakeholders, and Europe’s hunting community, providing further legal and practical guidance on species protection and Member States’ use of derogations.

Importantly, the Commission has confirmed that this new text does not replace the existing Guidance on hunting under the Birds Directive, which remains valid. Rather, the new document is expressly presented as complementary to the existing guidance on the provisions for hunting under Article 7 of the directive.

FACE’s first assessment of the document is positive and confirms the Commission’s pragmatic approach. Several contentious elements from earlier drafts have been removed, including language about the concept of “deliberateness” and references to the acceptance of risk in purely hypothetical terms. The final text now more clearly recognises that, where appropriate preventive measures have been adopted, any residual risk does not, in itself, constitute a violation under Article 5. This provides greater legal certainty for legitimate land management, conservation, and hunting-related activities carried out in compliance with the law.

With regard to Article 9.1(a), the guidance primarily provides additional practical clarification and examples on the application of derogations for birds that cause damage to agriculture and fisheries. Of particular interest is the inclusion of explicit references to flyway-based derogations for Barnacle geese and to Cormorant management.

FACE welcomes this first outcome for Europe’s hunters. At the same time, this is an initial assessment, and a more detailed review is ongoing in cooperation with other rural user groups and partners.

It is also important to share this first analysis publicly, particularly as there is already some confusion in parts of the hunting media regarding the scope and implications of the document, which give the false impression that the rules governing hunting under the Birds Directive have changed. In this context, FACE believes it is important to provide Members and stakeholders with clear information on new policy developments.