Annex I · Council Decision (EU) 2026/70

Contents

Article 1The Energy Community Treaty is amended as follows:

(1)in Article 16, point (iv) is replaced by the following:

(iv)Article 2, Article 4(2) and (4), second sentence, Article 5, Article 9 and Annex I of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds,’

;

(2)in Annex II, point 4 is replaced by the following:

4.Each Contracting Party shall implement Article 2, Article 4(2) and (4), second sentence, Article 5, Article 9 and Annex I of Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds by [five years after the date of adoption of this Decision], without prejudice to commitments stemming from the Union accession process and other international obligations.’

(a)deliberate killing or capture by any method;

(a)

—in the interests of public health and safety,

—in the interests of air safety,

—to prevent serious damage to crops, livestock, forests, fisheries and water,

—for the protection of flora and fauna;

(a)the species which are subject to the derogations;

(b)deliberate destruction of, or damage to, their nests and eggs or removal of their nests;

(b)for the purposes of research and teaching, of re-population, of re-introduction and for the breeding necessary for these purposes;

(b)the means, arrangements or methods authorised for capture or killing;

(c)taking their eggs in the wild and keeping these eggs even if empty;

(c)to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers.

(c)the conditions of risk and the circumstances of time and place under which such derogations may be granted;

(d)deliberate disturbance of these birds particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of this Directive;

(d)the authority empowered to declare that the required conditions obtain and to decide what means, arrangements or methods may be used, within what limits and by whom;

(e)keeping birds of species the hunting and capture of which is prohibited.’

(e)the controls which will be carried out.

Article 21.For the purposes of Title II of the Energy Community Treaty, Article 2 of Directive 2009/147/EC shall be read as follows:‘Contracting Parties shall take the requisite measures in the field of Network Energy to maintain the population of all species of naturally occurring birds in the wild state in the territory of the Contracting Parties to which the Treaty establishing the Energy Community applies at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level.’2.For the purposes of Title II of the Energy Community Treaty, Article 4(4), second sentence, of Directive 2009/147/EC shall be read as follows:‘Outside protection areas, Contracting Parties shall also strive to avoid pollution or deterioration of habitats of bird species, insofar as it relates to Network Energy.’3.For the purposes of Title II of the Energy Community Treaty, Article 5 of Directive 2009/147/EC shall be read as follows:‘Without prejudice to Article 9, Contracting Parties shall take the requisite measures to establish a general system of protection for all species of naturally occurring birds in the wild state in the European territory of the Contracting Parties to which the Treaty establishing the Energy Community applies, prohibiting in particular:4.For the purposes of Title II of the Energy Community Treaty, Article 9 of Directive 2009/147/EC shall be read as follows:‘1.Contracting Parties may derogate from the provisions of Article 5, where there is no other satisfactory solution, for the following reasons:2.The derogations referred to in paragraph 1 must specify:3.Each year the Contracting Parties shall send a report to the Energy Community Secretariat (“the Secretariat”) on the implementation of paragraphs 1 and 2. The Secretariat shall ensure that the reports are made available to the public.4.On the basis of the information available to it, and in particular the information communicated to it pursuant to paragraph 3, the Secretariat shall at all times ensure that the consequences of the derogations referred to in paragraph 1 are not incompatible with this Directive. It shall take appropriate steps to this end.’Article 31.The Contracting Parties shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 2, Article 4(4), second sentence, Article 5, and Article 9 of Directive 2009/147/EC by [five years after the date of adoption of this Decision], without prejudice to commitments stemming from the Union accession process and other international obligations. They shall forthwith inform the Energy Community Secretariat (‘the Secretariat’) thereof.2.When Contracting Parties adopt the measures referred to in paragraph 1, they shall contain references to this Decision and Directive 2009/147/EC, or they shall be accompanied by such references on the occasion of their official publication. The methods for making such references shall be laid down by the Contracting Parties.3.The Contracting Parties shall communicate the text of the main provisions of national law which they adopt in the field covered by this Decision and Directive 2009/47/EC to the Secretariat.Article 4This Decision shall enter into force upon its adoption by the Ministerial Council.Article 5This Decision is addressed to the Contracting Parties of the Energy Community Treaty.