Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, in short Habitats DirectiveThe Convention on the Conservation of Habitats and Wildlife is intended to regulate the conservation of habitats and wildlife across the EU. It transposes the Bern Convention into EU law. The aim is to restore and maintain a favorable conservation status for the species and habitats covered, taking into account economic, social, cultural, and regional requirements.
The Habitats Directive must be transposed into national law by all EU member states. In Austria, this is implemented through the hunting and/or nature conservation laws of the federal states.
The large predators bear, wolf, and lynx are listed in both Annex II and Annex IV of the EU Habitats Directive. This means that, on the one hand, they are considered vulnerable species for which special conservation areas must be designated (Annex II), and on the other hand, they are subject to strict protection, which prohibits their killing, disturbance, or impairment (Annex IV). The golden jackal is listed in Annex V, which means that while it is protected, its population may be sustainably managed or regulated under certain conditions.
According to Article 16 of the Habitats Directive, exceptions to strict protection may be granted if no other satisfactory solution exists and this does not result in an unfavorable conservation status for the species. Reasons include public safety and the prevention of serious damage, particularly in livestock farming.
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)