Commission decides to refer Slovenia to the Court of Justice of the European Union for failing to comply with the Birds Directive 

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Today, the European Commission decided to refer Slovenia to the Court of Justice of the European Union for failing to comply with the requirements of the Birds Directive (Directive 2009/147/EC), which requires Member States to designate Special Protection Areas with the aim of protecting wild birds.

Slovenia has failed to classify the most suitable areas in its marine waters (and in particular Osrednji Tržaški zaliv) as Special Protected Areas for the protection of the Mediterranean Shag. Protected areas in the marine environment, such as those designated under the Birds Directive, protect important breeding, feeding or migration areas for seabirds, playing a key role in ensuring their good status.

The Commission sent Slovenia a letter of formal notice in June 2021 and a reasoned opinion in July 2022. The Commission has stressed that the SIMARINE LIFE project, which was completed in 2015, identified and confirmed suitable areas for the protection of the species in the Slovenian coastal area, including Osrednji Tržaški zaliv.

Following several meetings and exchanges, Slovenia still has not designated or classified sufficient areas of its marine territory as Special Protected Areas, in terms of number and size, to provide protection for the Mediterranean Shag. The Commission considers that efforts by the Slovenian authorities have been insufficient and is therefore referring Slovenia to the Court of Justice of the European Union.

Background

The Birds Directive aims to protect all naturally occurring wild bird species present in the EU and their most important habitats. For threatened species listed in Annex I of the Birds Directive, as well as for other migratory birds, Member States must classify Special Protection Areas, which form an integral part of the EU-wide Natura 2000 network and contribute to the protected area targets of the EU Biodiversity strategy. 

The Mediterranean Shag (Phalacrocorax aristotelis desmarestii), a fish-eating seabird, is a subspecies of the European Shag, listed in Annex I of the Birds Directive. It is distributed only in the Mediterranean and Black Sea. The Northern Adriatic Sea, part of which is under Slovenian jurisdiction, is an important post-breeding area where a large portion of the Adriatic Shag breeding population feeds and gets prepared for migration to wintering sites after the breeding season. The roosting population along the Slovenian coast was estimated at 2,000– 3,000 individuals in the 2006–2011 period.

The Important Bird Areas (IBA) are scientifically identified sites of international significance for bird conservation. The IBA network is an international standard which, as the Court of Justice of the European Union has recognised, can serve as a scientific reference for designation of Special Protected Areas. The SIMARINE LIFE project, co-financed by the EU LIFE programme and implemented between 2011 and 2015, has identified and confirmed the IBAs for the Mediterranean Shag in Slovenian coastal and coastal marine area territories.

For more information

EU infringement procedure  

Infringement decisions database and infringements map and graphs   

June 2026 Infringement cycle

Infringement procedure Slovenia (INFR(2021)2068)