Keywords
Summary

Keywords

1 Environment - Conservation of wild birds - Directive 79/409 - Implementation by the Member States - Derogations from the prohibition of killing or capturing protected species - Condition - Absence of any other satisfactory solution - Possibility of breeding or reproducing in captivity - Not permissible

(Council Directive 79/409, Art. 9(1)(c))

2 Environment - Conservation of wild birds - Directive 79/409 - Implementation by the Member States - Derogations from the prohibition of killing or capturing protected species - Condition - Absence of any other satisfactory solution - Capture of protected species with a view to preventing problems of consanguinity - Permissible - Limits

(Council Directive 79/409, Art. 9(1)(c))

Summary

3 Article 9(1)(c) of Directive 79/409 on the conservation of wild birds, under which Member States may, on condition that there is no other satisfactory solution, derogate from the prohibition of killing or capturing protected species, must be interpreted as meaning that a Member State may not, on a decreasing basis and for a limited period, authorize the capture of certain protected species in order to enable bird fanciers to stock their aviaries, where breeding and reproduction of those species in captivity are possible but are not yet practicable on a large scale by reason of the fact that many fanciers would be compelled to alter their installations and change their habits. It is only if it is established that, were it not for the capture of birds in the wild, breeding and reproduction of protected species in captivity could not prosper that this alternative could not be regarded as constituting a satisfactory solution within the meaning of that provision.

4 Article 9(1)(c) of Directive 79/409 on the conservation of wild birds must be interpreted as meaning that a Member State is authorized, with a view to obviating, in bird breeding for recreational purposes, the problems of consanguinity which would result from too many endogenous crossings, to permit the capture of protected species, which may constitute judicious use within the meaning of that provision, on condition that there is no other satisfactory solution, it being understood that the number of specimens which may be captured must be fixed at the level of what proves to be objectively necessary to provide a solution for those problems, subject always to observance of the maximum limit referred to in that provision.