Case C‑557/15
European Commission
v
Republic of Malta
(Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Live-capturing and keeping — Species belonging to the finch family — Prohibition — National derogation regime — Member States’ power of derogation — Conditions)
Summary — Judgment of the Court (Third Chamber), 21 June 2018
Environment—Conservation of wild birds—Directive 2009/147—Implementation by Member States—Conditions for the grant of derogations from the prohibitions laid down in the Directive—Principle of legal certainty—Clear and sufficient statement of reasons
(European Parliament and Council Directive 2009/147, Art. 9(1) and (2))
Environment—Conservation of wild birds—Directive 2009/147—Implementation by Member States—Derogations from the prohibition of the killing or capturing of protected species—Conditions—Judicious use of certain birds in small numbers—Conditions—Capture in small numbers—Criteria
(European Parliament and Council Directive 2009/147, Art. 9(1)(c))
In order to permit the competent authorities to resort to the derogations laid down in Article 9 of Directive 2009/147 on the conservation of wild birds only in a manner which complies with EU law, the national legislative and regulatory framework must be designed in such a way that the application of the derogating provisions set out there is consonant with the principle of legal certainty. Accordingly, the applicable national legislation must specify the criteria for the derogation clearly and precisely and require the authorities responsible for their application to take them into account. In respect of exceptional arrangements, which must be interpreted strictly and impose on the authority taking the decision the burden of proving that those conditions exist for each derogation, the Member States are required to ensure that all action affecting the protected species is authorised only on the basis of decisions containing a clear and sufficient statement of reasons which refers to the reasons, conditions and requirements laid down in Article 9(1) and (2) of that directive.
(see para. 47)
See the text of the decision.
(see paras 62-66, 82, 92)