Amendments to wolf protection may ease green transition permitting

Recent EU-level initiatives regarding the protection status of wolves could significantly impact green transition project permitting in Finland. Proposed amendments to the Habitats Directive may reduce regulatory hurdles for green transition projects, which have faced challenges due to strict conservation rules.

EU adopted amendments to Habitats Directive

On 5 June 2025, the Council of the EU adopted the European Commission’s proposal to downgrade the protection status of the wolf (Canis lupus) from “strictly protected” to “protected” under the EU’s Habitats Directive (Council Directive 92/43/EEC). This change involves moving the wolf from Annex IV a to Annex V, shifting its classification from “strict protection” to a category requiring maintenance at a “favorable conservation status.”

According to the adopted act, the Member States would have 18 months to implement the amendment to the directive after entry into force. It is noteworthy that the proposal allows Member States to continue to list the wolf as a strictly protected species in national legislation and to have stricter measures in place for its protection.

It appears from the U-memorandum of the Council of State (18 June 2025), that the Finnish Council of State maintains a positive stance towards the amendment to the Directive and considers it necessary. Given the Government’s earlier position in favor of more flexible means of managing large carnivore populations, national legislation will likely be aligned with the Directive.

Wolf protection laws have created challenges to renewable energy projects

Under current EU law, species listed as strictly protected—including otter, flying squirrel, moor frog, and bear (and earlier the wolf) —are subject to specific protective measures. For example, their breeding sites and resting places must not be destroyed or deteriorated. Projects affecting such areas require, in practice, a derogation permit. However, due to stringent criteria, obtaining a derogation permit is rather difficult, especially for commercial industrial projects.

Even though the entire wolf territory is not protected, the wolf’s strict protection status has resulted in a remarkably high obligation to thoroughly investigate the effects of any considered project on the wolf and its habitat. 

The strict protection of wolves has earlier posed challenges in the energy sector, especially in wind and solar power projects as they require considerably large land areas. Wolf territories typically span around 800-1200m2. With Finland’s relatively large population of wolves, this means that a significant part of the country is affected. Therefore, collisions between planned renewable power projects and wolf territories are difficult to avoid.

The interpretation of what constitutes a breeding or resting site for wolves has been clarified in Finnish case law. In decisions KHO:2023:73 and KHO 1494/2024 the Supreme Administrative Court (SAC) stated that protection based on the Nature Conservation Act applies only to relatively limited areas within a wolf territory. The SAC noted that the breeding sites and resting places are typically located in the core area of a territory.

In another case (KHO 2023:70), the SAC ruled a land use plan for a wind farm to be repealed due to insufficient assessment of its impact on wolves. This was the SAC’s conclusion even though the land use plan decision was based on relevant wolf studies. The Court emphasized that even unofficial data—such as local game association observations—must be considered if known to the planning authority.

Even though the entire wolf territory is not protected, the wolf’s strict protection status has resulted in a remarkably high obligation to thoroughly investigate the effects of any considered project on the wolf and its habitat. This means longer and more expensive permitting procedures for renewable energy developers.

Following the implementation of the RED III Directive in July 2024, renewable energy permitting was simplified by making it easier to obtain a derogation permit for deviating from the protection of species under strict protection. The amendment to the Habitats Directive therefore continues the EU’s efforts to streamline green transition permitting.

Potential impacts of the adopted changes

If the protection status of the wolf was amended in Finland to match the amended Habitats Directive, it could mean the following changes to the interpretation of the Nature Conservation Act (9/2023):

1. Section 78 – The prohibition to deteriorate or destroy the breeding sites or resting places would no longer apply to wolves.
    
2. Section 80 – The so-called general derogation provision, which allows agriculture, forestry and construction activities despite certain protection provisions of species, would become applicable to wolves.
    
3. Section 83 – Derogation permits for deviating from the protection of the wolf would be granted with less strict criteria.

These changes, if implemented, would significantly ease the permitting process for industrial and green transition projects within wolf territories. While some uncertainties remain with regard to the amendments to the Directive, the need for derogation permits could be eliminated altogether in certain cases. Even if permits are still required, the process would likely become more straightforward. Most importantly, these changes would reduce uncertainty as to whether an energy or industrial project could at all be carried out within a wolf territory.