On Tuesday 31 March, the European Commission published guidelines to help Member States apply the Birds Directive (2009/147), particularly regarding possible derogations from the strict rules on protecting wild species.
The text sets out the conditions under which an EU country may, in exceptional cases, authorise measures that run counter to the general prohibitions laid down in the directive.
According to the document, Member States may in particular derogate from prohibitions concerning the capture, killing or disturbance of protected birds when no other satisfactory solution exists and for specific reasons: public health and safety, air safety, prevention of major damage to crops, livestock, forests, fisheries and water, protection of flora and fauna, re-population or re-introduction, limited capture/detention of certain species in restricted numbers.
The document explicitly mentions the Great Cormorant and the Barnacle Goose as examples of species likely to be subject to derogations. Populations of Great Cormorants can cause damage to fish stocks, while Barnacle Geese can cause conflicts with agriculture. For these species, any derogation must be limited in duration and in the number of individuals involved, strictly justified and subject to oversight by the competent authorities.
The document (https://aeur.eu/f/leg ) is not legally binding, but aims to ensure consistent implementation by incorporating the case law of the Court of Justice of the European Union. Member States are required to notify all derogations annually to ensure that these exceptions do not compromise conservation objectives. (Original version in French by Lionel Changeur)