S.L. 549.138 Art. 1Citation and scope. S.L. 549.138. 2 [S.L.

(1) The title of these regulations is the Conservation of Wild Birds (Declaration on a Derogation Allowing a Research Period to determine Malta’s Reference Population of Seven Finch Species) Regulations and these regulations shall be read and construed as one with the Conservation of Wild Birds (Framework for Allowing a Research Derogation to determine Malta’s Reference Population of Seven Finch Species) Regulations, hereinafter referred to as the "Framework Regulations".

(2) For the purpose of these regulations and within the meaning of Articles 9(1)(b) and 9(2) of the Birds Directive, in particular read in conjunction with Article 10 and Annex V(c) of the said Birds Directive, given that within the territory of the Republic of Malta:

(a) European Greenfinch (Chloris chloris), Hawfinch (Coccothraustes coccothraustes), Common Chaffinch (Fringilla coelebs), Common Linnet (Linaria cannabina), Eurasian Siskin (Spinus spinus), European Goldfinch (Carduelis carduelis) and European Serin (Serinus serinus), hereinafter referred to as "the relevant species", are non-resident, passage migrants; and

(b) very limited data on ring recoveries pertaining to * the relevant species have been collected to date* to provide conclusive information on the regions of origin of the main bird

2 ** Data on ring recoveries of the relevant species controlled in Malta from 1920s to 2018 is available at: https://birdlifemalta.org/wp-content/uploads/2016/08/BLM-Report_The-international-impact-of-hunting-and-trapping-in-the-Maltese-Islands.pdf[Sections3.4and 3.5.3] and https://mgoz.gov.mt/en/Documents/WBRU/Reports%20and%20Statistics/ ringRecov0818.pdf.

3 * A report on selectivity and mesh-size was presented by the Wild Birds Regulation Unit to the Mata Ornis Committee on 31 July 2019 (included as Annex A to the Committee minutes of the same meeting) and is available at: https://mgoz.gov.mt/en/Documents/ WBRU/Reports%20and%20Statistics/selMesSizMetUseLiCa.pdf DEROGATION ALLOWING A RESEARCH PERIOD TO DETERMINE MALTA’S REFERENCE POPULATION OF 549.138 SEVEN FINCH SPECIES)

contingents (reference population), as confirmed by the Court of Justice of the European Union in case reference C-557/15;

the Minister is hereby ascertaining the absence of another satisfactory solution to carry out a comprehensive research study by licensed individuals using registered clap-nets as the most selective method*3 for capturing specimens from the relevant species, in order to record data on ring recoveries (control) and affix scientific rings, followed by their immediate release back into the wild and insofar as it is absolutely necessary to obtain data to determine Malta’s reference population of the relevant species, in accordance with the provisions of the Birds Directive and the Framework Regulations.