ABSTRACT

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds constituted one of the very first Community measures concerning the protection of nature. Among the Community acts which are substantially related to the Birds directive, the Habitats directive just mentioned is probably the most important. This chapter discusses two parts, in the light of the case law of the Court of Justice, judgments of national courts, and comments in the literature. It starts with a discussion of the legal basis, scope of application and general principles of the directive, and finish with a discussion of some of the final provisions of the directive. The designation of special protected areas (SPAs) constitutes one of the most crucial issues in the application of the Birds directive. Article 18 of the Birds directive instructs the Member States to 'bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its notification'.