Species Protection Ordinance

Last reviewed: ‎20‎ ‎March‎ ‎2024

In Sweden, the EU provisions on species protection from the Birds Directive (2009/147/EC) and the Habitats Directive (92/43/EEG) are mainly transposed to the Species Protection Ordinance (2007:845). The Ordinance contains provisions governing capture, killing and taking of species from the wild, trade and other actions involving specimens of animal and plant species in need of protection.

  1. The Swedish implementation of the obligations concerning species protection from the two EU Nature directives is manly found in the Species Protection Ordinance. In addition to this, acts where the intent is to kill or capture wild birds or mammals are regulated the Hunting Ordinance (1987:259). Similarly, the species protection of fishes, molluscs and crayfish is found in the fishing legislation (Fishing, aquaculture and fisheries ordinance 1994:1716).
  2. The interpretation of the species protection provisions are debated in Sweden. In 2022, the regulation regarding birds was changed to become closer to that of the Birds directive. Today, there is a substantial body of case-law from the Swedish courts, as well as from the Court of Justice of the European Union (CJEU). Many of the Swedish court cases concern wind parks and lately forestry. Most regard the necessity to have enough knowledge on the protected species in the area, the potential effects and how to mitigate.