Keywords
Summary

Keywords

Environment — Conservation of wild birds — Directive 79/409 — Classification of special protection areas — Obligation of the Member States — Criteria for assessment — (Council Directive 79/409, Art. 4(1) and (2))

Summary

Article 4(1) and (2) of Directive 79/409 on the conservation of wild birds require the Member States to classify as special protection areas the territories meeting the ornithological criteria specified by those provisions. Neither the economic nor the recreational requirements mentioned in Article 2 of the directive may be taken into account when selecting special protection areas and defining their boundaries.

In order to assess whether a Member State has classified a sufficient number and area of territories as special protection areas for the purposes of Article 4(1) and (2) of that directive, the Court may, in the absence of any evidence to the contrary, use the Inventory of Important Bird Areas in the European Community , published in 1989, as a basis for reference, although it is not legally binding on the Member State concerned.

see paras 14-15, 18