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Birds Directive
Article 9

Article 9

  1. Member States may derogate from the provisions of Articles 5 to 8, where there is no other satisfactory solution, for the following reasons:
      • in the interests of public health and safety,
      • in the interests of air safety,
      • to prevent serious damage to crops, livestock, forests, fisheries and water,
      • for the protection of flora and fauna;
    1. for the purposes of research and teaching, of re-population, of re-introduction and for the breeding necessary for these purposes;
    2. to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers.
  2. The derogations referred to in paragraph 1 must specify:
    1. the species which are subject to the derogations;
    2. the means, arrangements or methods authorised for capture or killing;
    3. the conditions of risk and the circumstances of time and place under which such derogations may be granted;
    4. the authority empowered to declare that the required conditions obtain and to decide what means, arrangements or methods may be used, within what limits and by whom;
    5. the controls which will be carried out.
  3. Each year the Member States shall send a report to the Commission on the implementation of paragraphs 1 and 2.
  4. On the basis of the information available to it, and in particular the information communicated to it pursuant to paragraph 3, the Commission shall at all times ensure that the consequences of the derogations referred to in paragraph 1 are not incompatible with this Directive. It shall take appropriate steps to this end.