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 allows the use of horizontal and vertical nets in five departments (Gers, Lot-et-Garonne, Gironde, Pyrénées-Atlantiques, and les Landes) for capturing five species of the Columbidae family - through five regulatory acts from 2006, 2007, and 2009.
Although the Birds Directive permits hunting these species, it prohibits large-scale or non-selective capture methods due to their biodiversity impact. France has not demonstrated that the nets used meet the directives exemption criteria.
The Commission sent a formal notice to France in July 2019, followed by a reasoned opinion in July 2020 and an additional reasoned opinion in January 2023. These steps were taken because French regulatory acts do not demonstrate the conditions for exceptional net use, and the provided information was insufficient to prove compliance. Therefore, the Commission is referring France to the Court of Justice of the European Union.
Background
The Birds Directive aims to protect all naturally occurring wild bird species in the EU. It bans activities that directly threaten birds such as deliberate killing or capture, nest destruction, and egg removal, with some exceptions. It also emphasizes habitat protection for endangered and migratory birds, especially through the establishment of Special Protection Areas (SPAs).
The directive allows for exemptions from strict protection requirements if no satisfactory solution exists, such as for public health and safety or air safety. Exemptions may also be allowed under strictly controlled conditions for the capture, keeping, or other judicious use of certain birds in small numbers.
More Information
Infringement decisions database
February 2025 infringement package
Infringement procedure France (INFR(2019)2151)
Environmental infringements interactive map