Managing wildlife balance under the EU Birds Directive
Adopted in 1979, the EU Birds Directive (Directive 79/409/EEC) represents one of the EU’s foundational pieces of environmental legislation. Its principal objective is to ensure the protection of all wild bird species naturally occurring in the European Union, as well as the conservation of the habitats essential to their survival and reproduction. The Directive aims not only to halt the decline or disappearance of wild bird species, but to create the necessary conditions for their recovery and long-term viability across their natural habitats.
While the Directive enshrines strong protective measures for the species at risk, it allows for the hunting of 84 species listed in Annex II of the Directive, provided such activities are conducted in a manner that does not jeopardise species survival or conservation status.
A conservation success turned into a management challenge
A prominent example of effective conservation under the Birds Directive is the recovery of the Great Cormorant (Phalacrocorax carbo) populations across Europe. Once at risk, cormorants have successfully expanded their range and population size significantly due to conservation efforts established under EU legislation such as the Birds Directive. Research shows that the Great Cormorant population in Europe is currently estimated at more than 1.5 million birds.
In a Guidance Document from 2013 – entitled “Great Cormorant – Applying derogations under Article 9 of the Birds Directive 2009/147/EC” - the European Commission writes that “the population of the Great Cormorant within the EU has increased significantly over the last 20-30 years and the species is now considered to be a healthy state in terms of overall population size and range.”
Notably, Phalacrocorax carbo carbo and Ph. c. sinensis, are not listed in Annex I of the Birds Directive. As such, they do not benefit from the special habitat conservation measures, though they are still protected under the general provisions of the Directive.
While biodiversity protection remains a cornerstone of EU environmental policy, we must now ask: how can we strike a better balance between protecting bird species and safeguarding fish stocks, aquatic biodiversity, food production, and economic resilience?
In response to the growing challenges posed by cormorant populations in Europe, various mitigation measures have been implemented at the national level. Nevertheless, the limited effectiveness of national management interventions, particularly regarding their impact on fisheries, aquaculture and biodiversity protection underscores the need for a coordinated, pan-European management plan—an approach previously advocated by the European Parliament in 2008, 2018 & 2022. In 2022, EIFAAC also issued a resolution on measures to support the protection of vulnerable and endangered fish species from unsustainable predation by cormorants (EIFAAC/31/2022/3) also calling for a European cormorant management plan.
Looking Forward: the need for harmonised, proactive management
Given the recovery of the Great Cormorant in Europe, new imbalances in the ecosystems have appeared due to the increasing predation of fish by these birds.
The Birds Directive’s article 9 provides a mechanism for derogations, which are exceptions from the strict protections afforded to bird species for the following reasons:
- in the interests of public health and safety;
- in the interests of air safety;
- to prevent serious damage to crops, livestock, forests, fisheries and water; and
- for the protection of flora and fauna.
Implementing the derogations is the sole competence of the EU Member States only under specific, justified conditions.
Member States do not need to consult the Commission before applying derogations. Permissible measures include:
- Culling;
- Destruction of nests;
- Egg oiling;
- Disturbance during breeding.
Derogations must be reported annually by Member States to the European Commission. The Commission assesses compliance and engages with Member States when inconsistencies arise. Over the period 2015 – 2023, the great cormorant was the species with the second highest number of derogations under Article 9, after the house sparrow (Passer domesticus).
The increasing and substantial number of requests for derogations by recreational fisheries and aquaculture sector stakeholders are made to protect their economic activity or to preserve biodiversity in EU aquatic ecosystems.
Varying applications of Article 9 across different countries have resulted in further conflicts and legal disputes. EIFAAC believes that a transnational approach of the migratory, transboundary great cormorant population would not only be more efficient but also probably easier to justify on a scientific basis.
The ongoing efforts led by EIFAAC aim at a coordinated approach to preserve biodiversity, manage ecosystems’ balance and safeguard the economic sustainability of Europe’s fisheries, aquaculture and recreational fisheries sectors.
High-level dialogue on an integrated European strategy for the protection of biodiversity, protected fish species and wildlife
On 3 June 2025, the Presidency of the Republic of Poland to the Council of the European Union, in cooperation with EIFAAC, will host a high-level Conference “on management advice to reduce cormorant predation impacts”. During this conference, the second draft of a framework for a European Management Plan for the Great Cormorant will be presented and discussed. The event will also serve as a platform to examine the latest data on cormorant predation, including the ecological and economic consequences for fisheries and aquaculture. This initiative responds to growing calls for a coordinated, science-based and practicable strategy to manage the species at European level.
Background information
Conference on management advice to reduce cormorant predation impacts - Calendar
EIFAAC | "Why cormorants need European level management"
Link to register online for the event on 03 June 2025