Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Habitats Directive) transposes the Bern Convention into EU law. Its aim is to restore or maintain a favorable conservation status for the listed species and habitats, taking into account economic, social, cultural, and regional requirements. Austria is bound by the Bern Convention and is obligated to transpose the Habitats Directive into its own national law. This is done through the hunting and nature conservation laws of the federal states.
Bear, wolf, and lynx are listed in Annex II of the Habitats Directive; special areas of conservation (Natura 2000) must be designated for them. Brown bear and lynx are additionally listed in Annex IV and are therefore strictly protectedTheir intentional killing, significant disturbance, especially during breeding, rearing and winter dormancy periods, as well as the destruction of breeding and resting places are strictly prohibited.
Species listed in Annex V (wolf and golden jackal) are protected species, Their populations can be managed under certain conditions. A prerequisite is that the favorable conservation status of the population is maintained; Member States are not obliged to permit hunting and may adopt stricter protective measures.
For strictly protected species listed in Annex IV, exceptions may be granted under Article 16 of the Habitats Directive if no other satisfactory solution exists and the conservation status of the species is not adversely affected. Reasons for such exceptions include the protection of public safety and the prevention of serious damage, particularly in agriculture and livestock farming. For the wolf, a species listed in Annex V, any form of use or regulation must be embedded in a population-based, scientifically sound management plan.
The following applies to both Annex IV and Annex V of the Habitats Directive:
- The differences lie in the level of protection, not in the fundamental idea of protection.
- In both cases, the goal is to maintain a favorable conservation status for the population.
- Member States are obliged to implement appropriate protection and management measures.
- Annex IV (strictly protected)
- Comprehensive protection: Killing, capturing, disturbing and destroying breeding and resting places is generally prohibited (Article 12 of the Habitats Directive).
- Exceptions are only permitted within narrow limits (Art. 16 FFH-RL) and without deterioration of the conservation status.
- Annex V (protected, interventions possible)
- Measures are generally possible → prerequisite: favorable state of preservation;
- Member states can establish stricter rules.
Key difference:
- Annex IV = strict prohibition with rare exceptions
- Annex V = Interventions in existing stands are possible, subject to protective conditions (favorable conservation status)