The Birds Directive (Directive 2009/147/EC) on the conservation of wild birds is implemented in Ireland, inter alia, under the Wildlife Acts. Under the terms of the Directive all Member States of the EU are bound to take measures to protect all wild birds and their habitats. The Directive prohibits, inter alia, the deliberate killing or capture of wild birds by any method, the removal of nests or the taking of eggs.
The annual declarations are made first and foremost under Article 9 of the Birds Directive.
Under Article 9(1) (a) Member States may derogate in the interests of: public health and safety; air safety; and to prevent serious damage to crops, livestock, forests, fisheries and water; and for the protection of flora and fauna.
The annual declarations have traditionally been made only under the European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986 (S.I. No. 254 of 1986), there is also provision under regulation 55 of the European Communities (Birds and Habitats) Directives 2011 (S.I. No. 477 of 2011) in relation to the Article 9 derogations. One key difference between the 1986 Regulations and the 2011 Regulations is that the latter includes a requirement specified in Article 9 of the Birds Directive for there to be “no other satisfactory solution” in the context of derogations.
The 1986 Regulations do not specify that there be “no other satisfactory solution”, however, recent declarations have actually specified this and thus complied with the Article 9 requirement.
My Department, having reviewed the position of the legal basis for the derogations, made the Declarations this year to invoke the powers conferred by both sets of regulations. The use of the 2011 Regulations this year would bring the Declarations more into line with Article 9 of the Birds Directive.
