Request for a preliminary ruling from the Riigikohus (Estonia) lodged on 19 December 2023 – OÜ Voore Mets, AS Lemeks Põlva v Keskkonnaamet
(Case C-784/23, Voore Mets and Lemeks Põlva)
Language of the case: Estonian
Referring court
Riigikohus
Parties to the main proceedings
Appellants: OÜ Voore Mets, AS Lemeks Põlva
Respondent: Keskkonnaamet
Questions referred
Can Article 5(a), (b) and (d) of Directive 2009/147/EC 1 of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds be interpreted as meaning that the prohibitions laid down in it apply only in so far as is necessary to maintain the population of the species concerned at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, within the meaning of Article 2, provided that the killing or disturbance of birds or the destruction of, or damage to, their nests or eggs is not the aim of the action?
Must Article 5(a), (b) and (d) of Directive 2009/147, read in conjunction with Article 2 of that directive, be interpreted as meaning that the actions prohibited under those provisions during the breeding season of birds are deliberate, inter alia, where it can be assumed, on the basis of scientific data and observation of individual birds, that approximately ten pairs of birds per hectare are nesting in a forest which is to be completely cleared (clear-cutting) without it having been established that individuals of bird species which are in an unfavourable condition are nesting in the felling area?
Must Article 5(a), (b) and (d) of Directive 2009/147, read in conjunction with Article 2 of that directive, be interpreted as meaning that the actions prohibited under those provisions during the breeding season of birds are deliberate, inter alia, where it can be assumed, on the basis of scientific data and observation of individual birds, that approximately ten pairs of birds per hectare are nesting in a forest where only some of the trees are to be felled (shelterwood cutting), without there being any reason to believe that individuals of bird species which are in an unfavourable condition are nesting in the felling area?
Can the third indent of Article 9(1)(a) of Directive 2009/147, read in conjunction with Article 2 of that directive, be interpreted as meaning that a Member State’s legislation is compatible with it which permits derogations from the prohibitions governed by Article 5(a), (b) and (d) of that directive so that clear-cutting can be carried out during the breeding and rearing season of birds in order to prevent serious damage to forest as property?
Can the third indent of Article 9(1)(a) of Directive 2009/147, read in conjunction with Article 2 of that directive, be interpreted as meaning that a Member State’s legislation is compatible with it which permits derogations from the prohibitions governed by Article 5(a), (b) and (d) of that directive so that shelterwood cutting can be carried out during the breeding and rearing season of birds in order to prevent serious damage to forest as property?
If Directive 2009/147 does not permit clear-cutting during the breeding and rearing season of birds which is intended to prevent serious damage to forests as property, is such a regime compatible with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union and does it apply even if the felling does not cause harm to bird species which are in an unfavourable condition?
If Directive 2009/147 does not permit shelterwood cutting during the breeding and rearing season of birds which is intended to prevent serious damage to forests as property, is such a regime compatible with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union and does it apply even if the felling does not cause harm to bird species which are in an unfavourable condition?
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1 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ 2010 L 20, p. 7).