Grey wolves in Europe can no longer rely on strict protection under the Habitats Directive after a vote by MEPs today to downgrade them to “protected.”
Wolves were nearly exterminated in large parts of the EU territory in the last century, but lately population revival in some Member States has been achieved thanks to intensive conservation efforts and EU-wide protection by the Directive. But now their future is on shaky ground again.
The MEPs voted overwhelmingly in favor of a proposal to relax the requirements in managing co-existence between wolves and humans, especially in the context of wolf attacks on farmed animals—even though research shows that just 0.065% of the sheep population in the EU is killed by wolves, and their overall impact on farmed animals in the EU is “very small.”
Currently, the Habitats Directive allows the killing of wolves when necessary to prevent serious damage to farmed animals or humans. Non-lethal wolf management, such as guardian dogs and wolf-proof fencing, is a reliable long-term solution, with research showing that “in some of the German federal states with the highest number of wolves, the frequency of wolf attacks on livestock has decreased significantly in recent years, which was associated to the use of adequate preventive measures.”
Wolf hunting, on the other hand, often proves counterproductive. In fact, a recent study found that the killing of wolves was the least effective approach to dealing with wolf-domestic animal conflict.
From a legal standpoint, the proposal is also flawed on multiple substantial and procedural grounds. A case was filed before the CJEU challenging the legality of the Council Decision to seek the modification of the protection status of wolves under the Bern Convention. Plaintiffs highlight that the Decision insufficiently demonstrated that wolf populations would not be harmed by the change in the legislation, which is a requirement under EU constitutional law.
Additionally, a complaint was filed with the European Ombudsman regarding the Commission’s procedure to collect scientific information related to wolf populations. More specifically, the Commission called for scientific data by way of a press release – as opposed to an official public consultation – that included a statement by President von der Leyen that “the concentration of wolf packs […] has become a real danger for livestock and potentially also for humans.” This procedure, in addition to being unusual, likely violates the duty of impartiality of the European Commission.
Lastly, the Commission decided to ignore the amending procedure provided in the Habitats Directive, which specifically requires a unanimous vote from all 27 Member States, and instead submitted the proposed amendment to the ordinary legislative procedure, which only requires a qualified majority vote.
Gabriela Kubíková, Policy Advisor at the European Institute for Animal Law and Policy, commented: “The Commission claims that one of the reasons the revision of EU farm animal welfare laws takes so long is because EU policymakers must ensure all interests are represented equally in decision-making processes, which also needed to be informed by best available science. By contrast, the amending process to allow the killing of wolves took place in a matter of months, and in violation of constitutional rules that precisely aim at guaranteeing the democratic and science-based nature of policy decisions. Why the double standard?”
She further added: “The reality is that the Commission presents itself as a staunch defender of the rule of law in Europe—and even globally—yet shows far less concern when it comes to altering laws affecting animals and nature in deeply undemocratic ways.”
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