S.L. 549.146 Art. 1Citationand scope.        S.L. 549.145. 2 [S.L.

(1) The title of these regulations is the Conservation of Wild Birds (Declaration on a Derogation Allowing Scientific

Research on Seven Finch Species) Regulations, and these regulations shall be read and construed as one with the Conservation of Wild Birds

(Framework for Allowing a Derogation to Carry out Scientific

Research on 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;

(b) the mist-net system used for capturing birds is not * adequate to provide data* on ring recoveries pertaining to the relevant species to provide conclusive information on the regions of origin of the main bird contingents (reference population), as confirmed by the Court of Justice of the European Union in Case C-557/15; and since

**2 Data on ring recoveries of the relevant species controlled in Malta by means of the mist-net system 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 [Sections 3.4 and 3.5.3] and https://mgoz.gov.mt/ en/Documents/WBRU/Reports%20and%20Statistics/ringRecov0818.pdf. *3 A report on selectivity and mesh-size and how the clap-net system operates 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 549.146 SEVEN FINCH SPECIES)

(c) bird-ringers from the national ringing scheme cannot and are ethically against the use live-decoys for the purpose of ringing and control, which live-decoys are the key 3 component of how a clap-net system operates* , 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.