The EU Birds Directive is one of the commission's longest standing environmental laws and was first adopted 47 years ago.

Under the directive EU member states must "protect all wild bird species and protect and restore their habitats" which is particularly relevant when it comes to farmland.

It covers not just birds but also their eggs, nests, and habitats and what this means in reality for Irish farmers is that in many cases the land they farm is closely impacted by the directive.

Irish farmland provides a haven for a variety of birds including geese and swans who congregate on tillage and grassland in winter, while the corncrake favours hay meadows.

While according to Birdwatch Ireland the hen harrier breeds in the uplands and bogs of Ireland while the curlew, lapwing, snipe are also found mainly in wetlands and grasslands.

The Birds Directive primarily bans:

The deliberate capture or killing of birds in the wild;
The significant disturbance of birds particularly during breeding and rearing;
The destruction of/or damage to, nests or eggs, or removal of nests;
The use of methods for capture or killing such as nets, cages and glue.
The keeping, transport and sale of birds taken from the wild.

But it also means that farmers cannot cut hedgerows during the nesting season and they also have to be mindful in general of cutting, harvesting, or burning in certain areas.

In addition to this under the directive Ireland must designate Special Protection Areas (SPA) for both vulnerable and migratory birds - these areas come under extra scrutiny when it comes to drainage, reclamation, reseeding, tree planting, or construction projects.

Birds Directive

One key reason why the Birds Directive is crucially important in Ireland is because many of the current agri-environment schemes are built around Birds Directive obligations including the Agri-Climate Rural Environment Scheme (ACRES).

But there are fresh concerns that moves by the European Commission to respond to a ruling by the Court of Justice of the European Union (CJEU) could create a more complex set of rules for Irish farmers to adhere to.

This has arisen following the case of two Estonian forestry companies who had challenged forestry regulations that prohibited tree-felling during bird breeding and rearing seasons.

The CJEU ruled that certain activities - such as forestry and potentially other day to day activites, farming or driving - do not need to "intend harm to birds" to fall under Article 5 of the Birds Directive.

In response to the European Commission the National Parks and Wildlife Services (NPWS) has asked for "clear guidance" on how member states can remain in compliance with the Birds Directive.

It has also highlighted that the CJEU ruling "appears to make a wide range of routine land-use and outdoor activities—such as driving a car, mowing, forestry, or wildlife management activities—potentially incompatible with EU law, even where there is no intention to harm bird species".

Overall the NPWS appears to suggest that a revised draft guidance document issued by the European Commission which "seeks to incorporate this complex ruling" could lack the clarity that Irish farmers need to ensure they are not in breach of EU law.

There is also the suggestion that in general the interpretation of the CJEU ruling by the commission may end up not being workable or practical in its current form.