European Commission refers France to Court of Justice over illegal bird hunting nets; France failed to comply with Birds Directive in five departments for capture of Columbidae species

Today, the European Commission decided to refer France to the Court of Justice of the European Union for failing to comply with provisions on hunting in the Birds Directive (Directive 2009/147/EC).

France authorises the use of horizontal and vertical nets in five departments (Gers, Lot-et-Garonne, Gironde, Pyrénées-Atlantiques and les Landes) for the capture of five species of the bird family Columbidae – by means of five regulatory acts from 2006, 2007 and 2009.

The Birds Directive allows the hunting of those species. However, it bans means, devices or methods of large-scale or non-selective capture because of their impact on biodiversity as those practices risk significantly harming or killing non-targeted birds. The use of nets to capture birds is prohibited, unless Member States meet the strict criteria for derogation allowed under the Directive but France has failed to demonstrate that the disputed nets meet those criteria.

The Commission sent a letter of formal notice to France in July 2019, followed by a reasoned opinion in July 2020 and an additional reasoned opinion in January 2023 for the following reasons. These steps were taken on two grounds. First, that none of the five regulatory acts concerned contains elements that would demonstrate that the conditions for the derogatory use of nets are met. Second, that the information provided by France during the infringement procedure have not enabled the Commission to conclude that those conditions were satisfied, including in terms of selectivity and of the absence of alternative solutions. The Commission considers that efforts by the French authorities have, to date, been insufficient and is therefore referring France to the Court of Justice of the European Union.

Background

The Birds Directive aims to protect all species of wild birds that occur naturally in the EU. The Directive bans activities that directly threaten birds such as deliberate killing or capture, destruction of nests and removal of eggs, and associated activities such as trading in live or dead birds, with a few exceptions. It also places great emphasis on the protection of habitats for endangered and migratory species, especially through the establishment of a network of Special Protection Areas (SPAs).

The Directive provides scope for derogations from the requirement of strict protection where there is no other satisfactory solution, for instance, in the interest of public health and safety or air safety, to prevent serious damage to crops, livestock, forests, fisheries and water, for the protection of flora and fauna and for the purposes of research and teaching. Derogations may also be permitted under strictly supervised conditions and on a selective basis, for the capture, keeping or other judicious use of certain birds in small numbers.

February 2025 infringement package

Infringement procedure France (INFR(2019)2151)

Birds Directive

Sustainable hunting