Birds Directive
Designation of the Special Protection Areas (SPAs)
The protection for endangered as well as migratory species is ensured by establishing a coherent network of Special Protection Areas (SPAs) (Article 4 (1) and (2), in connection with Annex I of the Birds Directive), which are selected and legally classified by the Member States (cf. C-57/89; C-334/89; C-355/90; C-166/97; C-96/98). The selected sites must include the habitats needed by the particular species when mating, breeding and feeding and for migratory species also for moulting, roosting and over-wintering. The Member States have a margin of discretion when identifying the most suitable sites. This principle was confirmed by the CJEU in the Leybucht case. However, they have to apply scientific and ornithological criteria (cf. C-3/96) and not economic or social considerations (cf. C-355/90; C-44/95). The Member States must fully apply those criteria in a way that ensures that all the ‘most suitable territories’, both in number and surface area, are designated.
If a Member States fails to designate a most suitable territory as a SPA, the Court can decide that the concerned area should have been classified as such, as it held, inter alia, in the Marismas de Santoña case (cf. C-166/97; C-96/98).
After designating potential SPAs, the Member States provide information about the site to the Commission, which determines whether the designated sites are sufficient to form a coherent network for the protection of vulnerable and migratory species. Member States transmit the information necessary to the Commission by way of Standard Data Forms.
Due to the fact that the Birds Directive itself does not provide explicit selection criteria for SPAs, Non-Governmental Organizations (NGOs), such as BirdLife International, with the support of the Commission and Member States, publish reference lists of Important Bird Areas with specified selection criteria to provide assistance to the Member States in designating such areas (cf. C-3/96; C-235/04).
Since 1994, all SPAs have formed an integral part of the Natura 2000, comprising all the most suitable territories for the most endangered and migratory species.
