The Department of Culture, Heritage and the Gaeltacht (DCHG) is seeking views of stakeholders, interested parties and the public in relation to the Derogation Process under Article 9(1)(a) of the EU Birds Directive for 2018/2019 and future years.
The Department provides the legislative and policy framework for the conservation of nature and biodiversity in Ireland. The Birds Directive (Directive 2009/147/EC) on the conservation of wild birds is implemented in Ireland, inter alia, under the Wildlife Acts. Under the terms of the Directive, all Member States of the EU are bound to take measures to protect all wild birds and their habitats.
Under Article 9, Member States may derogate from these terms for one or more of the following reasons: public health and safety; air safety; prevent serious damage to crops, livestock, forests, fisheries and water; protection of flora and fauna.
In Ireland these derogations are achieved by the competent authority, the Minister for Culture, Heritage and the Gaeltacht, by way of Declarations made under the European Communities (Wildlife Act, 1976) (Amendment) Regulations 1986, as amended. These Declarations are reviewed annually for publication in May each year. This public consultation forms part of the Department’s five-yearly review of the derogation process.