In a written answer on 16 July 2026, Environment Commissioner Jessika Roswall indicated that the European Commission may consider targeted amendments to the Birds and Habitats Directives, following a stress test and ongoing legislative discussions on the proposed Regulation on speeding-up environmental assessments (RSEA). The answer, responding to a parliamentary question led by ECR MEP Beatrice Timgren, confirms that Article 8 of the RSEA introduces a population-level, mitigation-based approach for incidental killing or disturbance of protected species, but leaves open the possibility of further changes to address bottlenecks related to nests, eggs, breeding sites, and protected plants.
The question, co-signed by six ECR MEPs, argued that current rules create legal uncertainty and administrative burdens for strategic projects, even where no significant population-level harm occurs. The MEPs asked whether the Commission sees Article 8 as a broader shift, whether it will assess targeted amendments to the two directives, and whether the specimen-based approach is proportionate for strategic projects.
In her answer, Roswall confirmed that Article 8 complements the existing directives by allowing occasional killing or disturbance not to be considered deliberate if mitigation measures are adopted and significant adverse impacts on the species population are avoided. She noted that discussions on the RSEA are ongoing in both the European Parliament and the Council. On the stress test, she stated that the Commission will decide on appropriate follow-up, taking into account the state of play of the legislative process on the RSEA. The answer did not commit to specific amendments but left the door open for future action, balancing the need for species protection with the goal of speeding up permitting for strategic projects.
The answer signals a potential policy shift towards more flexible, population-level protection, which could reduce compliance costs for developers and accelerate infrastructure projects. However, environmental groups may raise concerns about weakened protection for individual specimens and habitats. The Commission's next steps will depend on the outcome of the stress test and the progress of the RSEA through the co-legislators.