OIPA ETS, with the support of its Member League Alleanza S.A.M., chaired by Elena Gianina Popovici , a legal expert in criminological analysis applied to wildlife protection, has prepared and transmitted a legal memorandum in the context of the ongoing judicial and institutional debate concerning Romania’s bear management framework, raising concerns regarding the compatibility of recent measures with European Union environmental law.
The memorandum addresses the legal framework governing the management of the brown bear (Ursus arctos), a strictly protected species under the Habitats Directive 92/43/EEC. Under Article 12 of the Directive, Member States are required to ensure a system of strict protection, prohibiting the deliberate killing, capture or disturbance of individuals in the wild.
Derogations from this regime are permitted only under Article 16 and solely where strict conditions are met, including the absence of satisfactory alternatives and the guarantee that such measures do not compromise the favourable conservation status of the species.
Romania hosts the largest population of brown bears in the European Union, playing a crucial role in the conservation of the Carpathian population. For this reason, national measures affecting the species may have broader implications at the European level.
In this context, concerns have been raised regarding recent legislative developments, including Law no. 242/2024 and Emergency Ordinance no. 60/2025, particularly in relation to the introduction of intervention mechanisms and culling quotas. According to established case law of the Court of Justice of the European Union, derogations from strict protection must be interpreted restrictively and based on solid scientific evidence.
Alongside judicial developments, public debate in Romania has intensified in recent months, with increasing concern among civil society organisations regarding the growing use of emergency narratives surrounding brown bears and the potential impact of such narratives on wildlife management policies.
On 29 April, a public protest was organised in front of the Ministry of Environment in Bucharest, during which representatives of civil society met with the Minister to discuss alternative approaches focused on prevention, coexistence and non-lethal conflict mitigation measures. During the meeting, concerns were also raised regarding the lack of adequate preventive measures, including waste management systems, habitat protection and long-term conflict prevention strategies.
Additional concerns have emerged regarding habitat degradation, increasing human disturbance in bear territories and the broader implications of potential proposals aimed at revising the protection status of the species at European level.
Civil society mobilisation also continues at the European level. A petition calling for improved protection of both people and bears in Romania, and for policies based on prevention rather than lethal control, has been launched and is currently under review at the European level.
To support this initiative, readers can sign the petition here:
CLICK HERE TO SIGN THE PETITION
The situation in Romania reflects a broader challenge across Europe: ensuring that wildlife management policies remain aligned with scientific evidence, legal obligations and the principles of biodiversity conservation.
OIPA reiterates its commitment to promoting approaches that prioritise coexistence, prevention and respect for wildlife, in line with European and international standards.
