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.

“The legislative drafting is carried out jointly by the Ministry of the Environment and the Ministry of Agriculture and Forestry to maintain a predictable operating environment and ensure compliance with the Directive’s obligations,” says Minister of Climate and the Environment Sari Multala.

Working group findings support legislative drafting

In August 2025, the Court of Justice of the European Union gave a judgment (C-784/23, Voore Mets) on a request for a preliminary ruling from an Estonian court on forest felling during nesting periods in Estonia. The Court of Justice did not rule that forest felling should be completely prohibited during nesting.

However, the Court found that felling during the breeding and rearing periods falls within the scope of the prohibitions laid down in Article 5 of the Birds Directive. These prohibitions must therefore be observed in forest felling, even if felling is not regarded as deliberate action to damage birds. The Birds Directive prohibits deliberate disturbance of birds during the period of breeding and rearing in so far as the disturbance would have a significant effect on the Directive’s objectives of maintaining populations of bird species.

In September, the Ministry of Agriculture and Forestry set up a working group to assess the effectiveness and development needs of forestry sector guidelines and recommendations on forest felling during nesting. In addition to both ministries, the group includes representatives from administration, authorities, the forestry sector and nature conservation organisations. The information and dialogue generated by the working group will support the legislative drafting. The working group’s term ends on 28 February 2026.

Links to other websites:

Working group to examine impact of felling during nesting on bird populations (Ministry of Agriculture and Forestry press release 4 September 2025, in Finnish and Swedish)

Working group assessing the effects of felling during bird nesting (in Finnish)

Inquiries:

Juhani Damski
Permanent Secretary, Ministry of the Environment
[email protected]
+358 295 250 445

Pekka Pesonen
Permanent Secretary, Ministry of Agriculture and Forestry
[email protected]
+358 295 162 020

Erno Järvinen
Senior Ministerial Adviser, Head of Forests and Bioenergy Unit, Ministry of Agriculture and Forestry
[email protected]
+358 295 162 150

Emma Terämä
Director, Biodiversity and Nature Value Finance, Ministry of the Environment
[email protected]
+358 295 250 255