Tradition, Selectivity and Sound Science: What the Conseil d’État Confirmed on Pantes

This article is also available in French

FACE welcomes the recent French Conseil d'État's decision rejecting the appeals brought by the LPO and One Voice against the administrative acts authorising the traditional capture of skylarks using pantes in the departments of Landes, Pyrénées-Atlantiques, Gironde and Lot-et-Garonne.

Pantes are traditional horizontal nets used to capture skylarks. Operated from a concealed hut, the system uses calls and a live decoy to attract birds to a prepared trapping area, where two horizontal nets are triggered to close over them. The practice requires significant knowledge of bird behaviour and the maintenance of specialised hunting sites.

This traditional hunting method has been subject to judicial scrutiny for years in France because of its alleged lack of compliance with Article 9 of the Birds Directive. The judgment provides important clarification on the application of Article 9 to this traditional hunting practice.

The cultural value beyond harvesting

In line with the Court of Justice of the EU’s jurisprudence, the Conseil d’État recalled that the traditional character of a practice is not, on its own, sufficient to justify a derogation under Article 9. However, the judgment underlines that pantes are not merely a means of harvesting skylarks, but a traditional practice with important cultural and recreational value, offering a particular relationship with nature that shooting does not provide, and involving the maintenance of hunting sites and a detailed understanding of bird behaviour. The judgment therefore acknowledges that traditional hunting methods have a cultural significance and purpose that cannot simply be reduced to the taking of birds.

The importance of distinguishing breeding and wintering populations

A second important aspect of the judgment concerns the scientific assessment of skylark populations. Referring to the findings of NADEG (the EU Expert Group on the Birds and Habitats Directives), the Court recognised the importance of distinguishing between breeding and wintering populations. The vast majority of captures authorised by the contested orders concern wintering or passage birds rather than skylarks breeding in France. The judgment therefore confirms that conservation assessments must focus on the population actually affected by the practice and not solely on national breeding populations.

A highly selective method

The decision also highlights the high degree of selectivity of pantes. Selectivity is a fundamental requirement under Article 9 of the Birds Directive. The French authorities demonstrated that pantes are specifically designed to target skylarks and are operated under strict regulatory controls and capture limits.

By rejecting the challenges against the 2025 authorisations, the Conseil d'État confirmed that the conditions for the derogation were met, including the requirement that captures take place under strictly controlled conditions and in limited numbers.

“For those who wanted to see traditional hunting practices disappear for good, we’ve chosen patience, hard work, and evidence-based action. Since 2021, following each unfavorable decision, we have had to improve the legal framework, strengthen its justification, carry out further experiments, improve monitoring and provide the scientific evidence required. Now that this collective effort by the FNC, the federations concerned and the Ministry’s departments is beginning to bear fruit, we must continue to defend our traditional hunting practices, which are so precious to our local identities, with pride and determination. I am delighted for the hunters who keep these traditions alive, and for the preservation of this cultural heritage!”

Willy Schraen, President of FNC

“The recognition of the cultural value that a traditional hunting method has is absolutely vital, provided that the other requirements set out in the Birds Directive are fulfilled, as is clearly the case here. For the hunting community, the Conseil d'État’s reasoning that traditional methods may pursue legitimate cultural and recreational objectives beyond the mere taking of birds represents an important development. The judgment acknowledges that the use of “pantes” is associated with a particular relationship with nature, which clearly shows that tradition and sound science can go hand in hand, keeping alive socio-cultural practices that bring communities together around nature across generations.”

Dr Laurens Hoedemaker, President of FACE
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