Conservation of Wild Birds (Framework for Allowing a Research Derogation To Determine Malta’s Reference Population of Seven Finch Species) Regulations, 2020

The purpose of the proposed regulations is to establish a framework for allowing a research derogation to determine Malta’s reference population of the seven finch species enumerated in regulation 2 (defined as the “relevant species” for the purpose of these regulations) on the basis of Article 9(1)(b) of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (Birds Directive) in particular read in conjunction with Article 10 and Annex V(c) of the Birds Directive, and in terms of sub-regulation 9(1)(e) of the Conservation of Wild Birds Regulations. The proposed regulations specifically aim to gather sufficient scientific information in order for Malta to introduce a derogatory regime in terms of Article 9(1)(c) of the Birds Directive that complies with the “small numbers”-criterion as interpreted by the Court of Justice in its C-557/15 judgment.