Amendments to Forest Act and Nature Conservation Act under preparation following EU court judgment

The Ministry of Agriculture and Forestry and the Ministry of the Environment have begun legislative drafting to ensure consistent and predictable application of the obligations under the Birds Directive. The need to amend the Forest Act and the Nature Conservation Act stems from a judgment of the Court of Justice of the European Union on felling trees during the period of bird breeding and rearing.

Following the judgment, which was given in August, both ministries consider it necessary to clarify national legislation without delay.

The Ministry of Agriculture and Forestry is drafting provisions for the Forest Act to ensure uniform implementation of the Birds Directive in forest management. The Act would set out obligations related to felling, and possibly other forest management activities, during nesting periods. Meeting these obligations would ensure that forest management complies with the minimum requirements laid down in the Birds Directive. The amendments would also enable consistent and predictable monitoring of compliance.

The amendment to the Nature Conservation Act, drafted by the Ministry of the Environment, would clarify the implementation of the ban on deliberate disturbance of birds and the restrictions during nesting. The amendment would ensure that national regulation corresponds to the content of the Birds Directive.

The aim is to submit the legislative proposals to Parliament at the start of the spring session.
“The forestry sector has long taken bird protection and nesting into account in its own guidelines for planning and implementing forest management, as sustainable forestry requires. With these amendments, we will further clarify how nesting will be protected in this new situation, and secure year-round operating conditions for Finland’s vital forest sector,” says Minister of Agriculture and Forestry Sari Essayah.