COMPOSITE EUROPEAN COMMISSION REPORT ON DEROGATIONS IN 2004 AC- CORDING TO ARTICLE 9 OF DIRECTIVE 79/409/EEC ON THE CON- SERVATION OF WILD BIRDS

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1 COMPOSITE EUROPEAN COMMISSION REPORT ON DEROGATIONS IN 2004 AC- CORDING TO ARTICLE 9 OF DIRECTIVE 79/409/EEC ON THE CON- SERVATION OF WILD BIRDS JUNE 2008

2 Contents 1 Summary Background and methodology Method Broad comparisons and trends across the EU Member State reports Austria Belgium Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Slovakia Slovenia Spain Sweden United Kingdom Annex I Annex II Annex III Table of number of derogation licences (reasons and actions) Table of number of derogation licences (species) Raw extract from database 2

3 1 Summary This composite report summarizes for the EC derogations according to Article 9 of the Birds Directive (79/409/EEC) in The composite report is based on national derogation reports submitted to the Commission from all of the EU 25 Member States. As regards the ten new Member States their reports cover the period from the date of their full accession to the end of the year; 1 st of May 31 st December The number of derogation licences submitted in 2004 is very different from Member State to Member State varying from a few in e.g. Estonia to tens of thousands in Spain. However, the number of licenses is not necessarily a comparable unit, because in some cases one derogation report is covering one license for one bird and in other cases one derogation report is covering many licenses for up to thousands of birds of different species. On the other hand using the number of individuals as an indicator is not an option because too many reports lack information on the number of birds concerned. In most Member States the majority of the derogation licences are issued for the reason of preventing serious damage to crops, livestock, etc. or for the protection of flora and fauna by deliberate killing of birds or destruction of eggs. Also research and education accounts for a large number of licences; mainly issued for the ringing of birds. Submissions of derogations with the purpose of extending the hunting season is seen for a number of Member States and seem to be inconsistent with Art 9 according to the European Court of Justice. Another remarkable difference to highlight is that some Member States are providing detailed derogation reports for the ringing of birds, while other Member States are not, even though it is obvious that most Member States are having at least some ringing activity every year. In general, the reporting from the Member States is good, but in many cases important information is missing. As an example it seems difficult to submit derogations without any explanation of reason, but still it is not uncommon. In many cases the method is not mentioned, the number of individuals is missing and in some cases even the name of the species concerned is not provided. The analysis of data and comparison among Member States and years will be much more complete, consistent and efficient in the future when the web based derogation system HaBiDeS will be applied by all Member States ensuring a homogeneous reporting procedure. 3

4 2 Background and methodology According to the Birds Directive Article 9, the Member States may derogate from the provisions of Articles 5, 6, 7 and 8, where there is no other satisfactory solution. Each year the Member States (shall) send a report to the Commission on the implementation of this Article. The present report is an assessment of the information supplied by the EU Member States to the Commission for the year Member States may derogate for the following reasons: i. for the protection of flora and fauna, ii. to prevent serious damage to crops, livestock, forests, fisheries, water and other forms of properties, iii. in the interests of public health and safety, air safety or other overriding public interests, iv. for the purposes of research and education, of re-population, of reintroduction and for the breeding necessary for these purposes v. to permit, under strictly supervised conditions and on a selective basis, the capture, keeping, or other judicious use of certain birds in small numbers. The following categories are used to describe the permitted actions: a. Deliberate killing b. Deliberate damage to or destruction of the breeding or resting sites c. Deliberate capture and keeping d. Deliberate disturbance of the wild fauna e. Deliberate destruction or taking of eggs f. Possession and international trade The above mentioned 5 categories for reasons (i, ii, iii, iv, v) and 6 categories for actions (a,b,c,d,e,f) will be referred to throughout this report. 2.1 Method Based on the data from the country reports, some broad comparisons of derogations across the EU have been made drawing an overall picture of the number of derogations, the main reasons and methods applied and at the same time indicating outliers in terms of Member States or groups of countries sticking out. Relevant comparisons and trends are visualised by means of charts presented in the following chapter as a general introduction before the summary of the national reports. Further details on the number of derogation licences are provided in Annex I and II whereas Annex III contains a raw extract from the database in which the Member States data have been compiled (Access-database made available for the Commission as part of this reporting). 4

5 It should be stressed that the number of derogations provided in the country reports is very difficult to compare among Member States - and even from year to year within the single country - since in most Member States there is no standard for the derogations granted or in many cases the standard may not be followed. As an example some derogations within a single Member State are covering only one license for one species, reason and method, while other derogations cover hundreds of licenses for several species and number of birds and for different reasons as well. Important information is missing in many of the analysed reports, such as the reason, the method applied for capture or killing, name of the species concerned and more often the number of individuals. 5

6 3 Broad comparisons and trends across the EU Keeping in mind the considerable heterogeneity in the Member States reporting and the variable quality of data some broad comparisons and trends across the EU has been made. The main purpose of the comparisons illustrated in the charts below is to provide an immediate overview and impression of the number, reasons, etc. of derogations granted by the Member States. Number of Licenses AT BE CZ DE DK EE ES FI FR GR HU IE LI LU MT NL PL PT SE SI SK UK Chart 1: Total number of derogation licences issued by the Member States in The very large number of derogations (Chart 1) in Spain mainly comes from permissions to capture, keeping or breeding of especially cardueline finches (Carduelis sp) and for hunting of woodpigeons (Columba palumbus). In Malta the majority of the licences are distributed among the three species Quail (Coturnix coturnix), turtle dove (Streptopelia turdur), and song thrush (Turdus philomelos) for hunting and trapping, whereas in the Netherlands collection of eggs from lapwing (Vanellus vanellus) accounts for almost all licences. 6

7 10000 Number of Licenses i ii iii iv v N/A Derogation Chart 2: Main reason for derogation based on the total number of licences issued. (i ) protection of flora and fauna, (ii) prevent serious damage to crops, livestock, etc.,(iii) in the interest of public health and safety, (iv) research and education, (v) conditioned capture, keeping or other judicious use, (N/A) no information. In most Member States the majority of the derogation licences are issued for the reason of preventing serious damage to crops, livestock, etc. (ii) or for the protection of flora and fauna (i) by deliberate killing of birds or destruction of eggs. Also research and education (iv) accounts for a large number of licences; mainly issued for the ringing of birds. Licences issued in the interest of public health and safety (iii) most often relate to killing of birds in interest of air safety. Exceptions from the general picture of main reasons for derogation are - as already mentioned - especially Spain, Malta and the Netherlands, where a very large number of licenses are issued with the motif to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers (v) either by capture, killing or taking of eggs. 7

8 i N/A f ii e N/A iii N/A e b c d c d e a c b d a a b iv N/A a b v N/A d e f e f a c c Chart 3: Permitted activities (a- f and N/A) applied for each of the five (i-v) main reasons for derogation. The activities are: (a) Deliberate killing, (b) Deliberate damage to or destruction of the breeding or resting sites, (c) Deliberate capture and keeping, (d) Deliberate disturbance of the wild fauna, (e) Deliberate destruction or taking of eggs (f) Possession and international trade, (N/A) no information. No. of Licenses Columba palumbus Streptopelia turtur Coturnix coturnix Carduelis carduelis Vanellus vanellus Turdus philomelos Carduelis chloris Carduelis cannabina Pluvialis apricaria Serinus serinus Chart 4: The 10 most derogated species in terms of number of licences issued in Comparing Chart 4 and 5 there is no direct connection between the number of licences issued and the number of individuals affected. Explanations for this discrepancy are many including missing information about the number of individuals, mass distribution of licences not used, etc. 8

9 As indicated in relation to Chart 1 Spain accounts for almost all licences issued for Columba palumbus and the species of Carduelis and Malta for all licences for Streptopelia turdur and Coturnix coturnix, whereas both Spain and Malta have issued many licences for Turdus philomelos. As regards Vanellus vanellus almost all licences are issued by the Netherlands. In terms of number of individuals affected (Chart 5) a single license in France permits capture (hunting with lime) of more than skylarks (Alauda arvensis). As regards the finches Spain accounts for the majority of individuals concerned, mainly for capture, keeping or breeding (birds already in captivity). No. of individuals Alauda arvensis Carduelis carduelis Carduelis chloris Fringilla coelebs Serinus serinus Larus ridibundus Carduelis cannabina Vanellus vanellus Sturnus vulgaris Turdus pilaris Chart 5: 10 most derogated species in 2004 in terms of number of individuals. 9

10 4 Member State reports A summary of the Member States derogation reports is provided below. Detailed information is given in Annex I and II showing for each country the total number of licenses and their distribution among species (Annex I) and within the permitted derogation categories for reasons and activities (Annex II). 4.1 Austria In Austria 749 derogation licences were submitted in The majority of the licences were granted for c-iv; deliberate capture and keeping with the purpose of research and education etc. The species in concern are generally different Passerine species and the purpose is ringing. In 2004 a number of Black Grouse Tetrao tetrix and Woodcock Scolopax rusticola were killed and the reason was to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers. The derogations were issued for spring hunting of this species. The Court of Justice has decided that the use of derogations with the sole purpose of extending the hunting season is not acceptable. One derogation report was submitted giving licence to 502 persons to capture 5 different species. The reason was to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small number a reason that does not seem suitable for this mass distribution of licenses. In the Austrian reporting, data are missing concerning reason, means of killing etc. in nearly 30% of the derogations. Some derogation reports are issued giving many licenses for many species and a lump sum of numbers of individuals, without specification on the number of individuals for the specific species. 4.2 Belgium In Belgium 127 derogations were submitted in The majority concerned transportation and keeping birds in zoo. Also derogations were granted for killing birds to prevent serious damage to crops etc. In the Belgian reporting data are missing on number of birds, reason and method in most cases. Also the different categories are given in words and not by mean of standard codes. This increases the risk of misinterpretations. 4.3 Cyprus Only one derogation report has been issued on Cyprus in The derogation gives licences to persons to hunt Magpie Pica pica, Crow Corvus corone and Jackdaw Corvus monedula to prevent serious damage to crops, live- 10

11 stock and wild fauna. This mass distribution of licenses for several species makes it impossible to analyze if the reason for the derogations seems reasonable taking the affected species into consideration. 4.4 Czech Republic In 2004 a total number of 247 derogations were submitted. The licenses have been granted for a wide range of reasons and are in general detailed. However, in about one third of the licenses the information about reason, activity or number is missing. In some cases a single derogation report covers several reasons and species without connecting the reasons to specific species. This makes it impossible to analyze if the reason for the derogations seems reasonable taking the affected species into consideration. 4.5 Denmark In Denmark 51 derogation licenses were issued in 2004 of which the majority concerned killing by firearms of mainly gulls, crows and doves in the interest of public health and safety, including air safety (a-iii). The remaining part was given in order to prevent serious damage to crops, livestock or fisheries (a-ii). 4.6 Estonia In Estonia a small number of licenses (23) have been granted to kill four species of birds to prevent serious damage to crops etc. and in the interest of public health (a-ii-iii). 4.7 Finland In Finland 112 derogation licenses were issued in The majority were issued for killing of crows, gulls, doves and passerines to prevent serious damage to crops etc. and in the interest of public health and safety etc. (a-ii-iii). Special attention should be given to the Finnish derogations given for the reason to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in a small number (c-v) on the Aland Islands. A high number of mainly diving ducks have been killed and the derogations seem to function as permissions for spring hunting during the period of prenuptial migration of the species concerned and the derogation period is for e.g. eiders even overlapping with the reproduction period. 4.8 France In France 92 derogations were submitted in The majority of the derogations were submitted for the In the interest of public health and safety. A number of derogations (7) were submitted for catching birds mainly passerines (nearly 600,000) on lime (sticks). 11

12 4.9 Germany In Germany 1493 licenses were submitted in The majority of the derogations are given in the interest of public health, to prevent serious damage to the fishery and for the purpose of research. Many derogations concern destruction of nests of many sparrows, swifts and swallows. Interestingly these kinds of actions against these species are not common in any of the other Member States. In ca. 5% of the reports the reason is not stated and in a number of cases the number of individuals and/or permitted method is missing. Many of the reports are hand written and not easy to read Greece In Greece 11 derogations were submitted in Unfortunately there are many missing data like number of birds, method and even species concerned. All the derogations are granted for scientific work and most of them for ringing (c-iv); probably by catching in nets Hungary In Hungary 72 derogation licenses were submitted in Most of them to allow killing or scaring away Cormorants Phalacrocorax carbo, Grey herons Ardea cinera, Starlings Sturnus vulgaris and Rooks Corvus frugilegus to prevent serious damage to crops, livestock, forests, fishery and water Ireland In Ireland 5 derogations are reported in They all relate to scientific study and monitoring activities where capture of birds has been allowed. Information is in all instances missing on the number of birds captured Italy The Italian reporting submitted is part of an implementation report covering and only provides information divided into regions and larger taxonomical groups. The report can therefore not be used to analyse the use of derogations in Italy in Latvia In Latvia two derogation licences were submitted for the protection of wild fauna (keeping and caring for two wounded storks Ciconia ciconia) and 75 licenses were granted for hunting individual Capercaillies Tetrao urogallus with the reason to permit, under strictly supervised conditions and on a selective basis, other judicious use of certain birds in small numbers. 12

13 4.15 Lithuania In 2004 a total of 9 derogations were submitted. Of these 8 were in the interest of public health and safety by killing a number of waterbirds. One license was for killing 1500 Cormorants to prevent serious damage to fisheries Luxembourg During 2004 Luxembourg submitted 5 derogations. One derogation was submitted for ringing app birds of different species.. The other derogations were without number of individuals and one of the derogations was for killing and scaring away Starlings Sturnus vulgaris all year Malta Only a few derogations were issued, but each of the reports are covering thousands of licenses and two different derogation reports are apparently covering the same licenses. For the hunting of Quail Coturnix coturnix and Turtle Dove Streptopelia turtur with firearms were 11,759 licenses issued and for trapping Quail, Turtle Dove, Golden Plover Pluvialis apricaria and Song Thrush Turdus philomelos were 4699 licenses issued. Single licenses covered more species and it is not quite evident how many individuals of each species the report actually covers Netherlands The majority of the nearly licenses submitted in 2004 in the Netherlands, were submitted for collection of eggs of the Lapwing Vanellus vanellus in Friesland 8000 licenses permitting collection of up to 15 eggs per license, totalling 120,000 eggs (e-v). Also many derogation licenses were submitted for the collection of eggs from gulls for the protection of flora and fauna. Among the gulls was Black-headed Gull Larus ridibundus which is declining in most Western European countries. In general most of the Dutch derogation reports lack information about the number of birds affected or the method applied. Further, relatively few reports specify the species concerned, and if so species names are provided by popular name only Poland In 2004 a total number of 93 derogation licences were issued. These included 27 licenses to kill a total of 1930 Cormorants to prevent serious damage to the fisheries and 31 licenses for ringing birds. Ten licenses were given to scaring away for the purpose of research and teaching in this case photographing the birds. 13

14 4.20 Portugal In Portugal 469 derogation licences were issued in The main part was given to scare away birds in order to prevent serious damage to crops or in the interest of public health (d-ii-iii). Only in few cases the actual number of birds is specified Slovakia In Slovakia 18 derogations were granted in With few exceptions they were all given for the reason of research and teaching by ringing of birds (iv). Most of the licences are of a general character with no information on the number or species of birds concerned. A derogation license is issued in the interest of air safety allowing for the killing of birds in general (a-iii), especially doves and crows Slovenia In Slovenia 210 derogation licenses were issued in The majority concerned killing of Cormorants for the protection of the wild fauna (a-i). The action and method were not recorded in almost half of the derogation reports Spain In Spain about derogation licences were submitted in The main category is for capture and keeping in captivity which accounts for app. half a million passerines. However, the large number of especially cardueline finches reported seems to a great extent to come from licences that are renewed annually for owing ad breeding in captivity meaning that the large number of birds concerned does not reflect capture of more birds every year but more likely keeping of the same individuals year after year. For spring hunting of Woodpigeon Columba palumbus about licenses are issued, however only about 5000 individuals are reported as affected. In general the derogation reports from Spain are detailed but many reports are issued for several species and it is not possible to interpret the number of individuals of each species that the report covers Sweden In Sweden 218 licenses were issued in The main reasons are to prevent serious damage to crops and in the interest of public health and safety etc. A few derogations have been granted for quite high number of individuals of Woodpigeon and Geese all year round to prevent serious damage to crops. These species are usually only problematic in specific periods of time e.g. sowing in autumn or spring, and therefore the practice of granting derogations for all year in these cases may be reconsidered. The reporting is sound and follows a strict methodology. 14

15 4.25 United Kingdom In the United Kingdom 1314 licences were issued in The main reason for derogations is to prevent serious damage to crops, fishery or to livestock. The species mentioned are Geese and Cormorants. A high number of derogations are given in the interest of public health and air safety. The reporting is sound and follows a strict methodology. 15

16 Annex I - Table of the number of derogation licences (species) On the following pages a table is provided of all derogated species. The table gives the number of licences issued in 2004 by each Member State for the specific species. SPECIESCODES.NAME AT BE CZ DE DK EE ES FI FR GR HU IE LI LU MT NL PL PT SE SI SK UK Total 0 N/A Accipiter brevipes 1 1 Accipiter gentilis Accipiter nisus Acrocephalus arundinaceus Acrocephalus melanopogon Acrocephalus paludicola Acrocephalus palustris Acrocephalus schoenobaenus Acrocephalus scirpaceus Actitis hypoleucos Aegithalos caudatus Aegolius funereus Aegypius monachus Alauda arvensis Alcedo atthis Alectoris rufa 1 1 All Species Alopochen aegyptiacus Anas acuta 2 2 Anas clypeata 1 1 Anas crecca 3 1 4

17 Anas penelope Anas platyrhynchos Anas querquedula Anas strepera 2 2 Anser albifrons Anser anser Anser brachyrhynchus Anser caerulescens 1 1 Anser fabalis Anthus berthelotii 3 3 Anthus campestris 1 1 Anthus pratensis Anthus trivialis Apus apus Aquila adalberti 9 9 Aquila chrysaetos Aquila heliaca 1 1 Aquila pomarina 3 3 Ardea cinerea Ardea purpurea Asio flammeus Asio otus Athene noctua Aythya ferina Aythya fuligula Aythya nyroca 1 1 Bombycilla garrulus Botaurus stellaris Branta bernicla Branta canadensis

18 Branta leucopsis Bubo bubo Bubulcus ibis 8 8 Bucanetes githagineus Bucephala clangula Bulbucus (Ardeola) ibis Bulweria bulwerii 3 3 Burhinus o.distinctus 6 6 Burhinus oedicnemus Buteo buteo Calidris alpina Calidris ferruginea Calidris maritima Calidris minuta Calidris temminckii Calonectris diomedea Caprimulgus europaeus Caprimulgus ruficollis 1 1 Carduelis cannabina Carduelis carduelis Carduelis chloris Carduelis flammea Carduelis spinus Carpodacus erythrinus 2 2 Casmerodius albus (Egretta alba) Cercotrichas galactotes 3 3 Certhia brachydactyla 1 1 Certhia familiaris Cettia cetti Charadrius alexandrinus

19 Charadrius dubius Charadrius hiaticula Chersophilus duponti Chlamydotis undulata 6 6 Chlamydotis undulata fuerteventurae 4 4 Chlidonias hybridus 1 1 Chlidonias niger 1 1 Ciconia ciconia Ciconia nigra Cinclus cinclus Circaetus gallicus Circus aeruginosus Circus cyaneus Circus pygargus Cisticola juncidis Clamator glandarius Clangula hyemalis Coccothraustes coccothraustes Columba bollii 4 4 Columba junoniae 4 4 Columba livia Columba livia (f. domestica) Columba oenas Columba p. maderensis 1 1 Columba palumbus Columba spp Coracias garrulus Corvidae 1 1 Corvus corax Corvus cornix

20 Corvus corone Corvus frugilegus Corvus monedula Coturnix coturnix Crex crex 2 2 Cuculus canorus Cursorius cursor 4 4 Cyanopica cyanus Cygnus cygnus 1 1 Cygnus olor Delichon urbica Dendrocopos m. canariensis 6 6 Dendrocopos major Dendrocopos medius Dendrocopos minor Dryocopus martius Egretta garzetta Elanus caeruleus Emberiza citrinella Emberiza hortulana 1 1 Emberiza schoeniclus Erithacus rubecula Falco biarmicus Falco cherrug Falco columbarius 1 1 Falco eleonorae 1 1 Falco naumanni Falco pelegrinoides 1 1 Falco peregrinus Falco peregrinus pelegrinoides

21 Falco rusticolus Falco sp. 1 1 Falco subbuteo Falco tinnunculus Falco vespertinus 1 1 Ficedula albicollis Ficedula hypoleuca Ficedula parva Fringilla coelebs Fringilla coelebs ombriosa 1 1 Fringilla montifringilla Fringilla teydea polatzeki 1 1 Fringilla teydea teydea 4 4 Fulica atra Fulica cristata 3 3 Galerida cristata Galerida theklae 1 1 Gallinago gallinago 1 1 Gallinago media 2 2 Gallinula chloropus Garrulus glandarius Gavia stellata 1 1 Glaucidium passerinum 1 1 Grus grus Gypaetus barbatus Gyps fulvus Haematopus ostralegus Haliaeetus albicilla Hieraaetus fasciatus Hieraaetus pennatus

22 Himantopus himantopus 2 2 Hippolais icterina Hirundo daurica Hirundo rustica Hydrobates pelagicus Ixobrychus minutus Jynx torquilla Lanius collurio Lanius excubitor Lanius minor Lanius senator Laridae 1 1 Larus argentatus Larus audouinii Larus cachinnans Larus canus Larus fuscus Larus genei 6 6 Larus marinus Larus michahallis Larus ridibundus Limnocorax flavirostra Limosa limosa 1 1 Locustella fluviatilis Locustella luscinioides 2 2 Loxia curvirostra Luscinia (Cyanosylvia) svecica Luscinia luscinia 1 1 Luscinia megarhynchos Luscinia svecica

23 Lymnocryptes minimus 1 1 Melanitta fusca 1 1 Melanocorypha calandra Mergus albellus 1 1 Mergus merganser Mergus serrator 1 1 Merops apiaster Milvus migrans Milvus milvus Monticola saxatilis 1 1 Monticola solitarius Motacilla alba Motacilla cinerea Motacilla flava Muscicapa striata Neophron percnopterus Netta rufina 2 2 Nucifraga caryocatactes 3 3 Numenius arquata Nyctea scandiaca Nycticorax nycticorax Oceanodroma castro 5 5 Oenanthe hispanica 1 1 Oenanthe leucura 6 6 Oenanthe oenanthe Oriolus oriolus Otis tarda Otus scops Oxyura leucocephala 1 1 Pandion haliaetus

24 Parabuteo Unicinctus 5 5 Parus ater Parus caeruleus Parus cristatus Parus major Parus palustris 1 1 Passer domesticus Passer hispaniolensis Passer montanus Passer spp Passeridae 1 1 Pelagodroma marina 1 1 Pelagodroma marina hypoleuca 4 4 Pelecanus crispus Pelecanus onocrotalus Perdix perdix Pernis apivorus 1 1 Petronia petronia 2 2 Phalacrocorax aristotelis Phalacrocorax c. sinensis Phalacrocorax carbo Phasianus colchicus Philomachus pugnax Phoenicopterus ruber Phoenicurus ochruros Phoenicurus phoenicurus Phylloscopus (trochiloides) nitidus 1 1 Phylloscopus bonelli Phylloscopus canariensis 1 1 Phylloscopus collybita

25 Phylloscopus sibilatrix Phylloscopus trochilus Pica pica Picoides tridactylus 2 2 Picus canus 2 2 Picus viridis Platalea leucorodia Plegadis falcinellus Pluvialis apricaria Pluvialis squatarola Podiceps cristatus Podiceps griseigena Podiceps nigricollis (caspicus) Podiceps ruficollis 3 3 Porphyrio porphyrio 1 1 Porzana porzana Prunella modularis Psittacula krameri 1 1 Puffinus assimilis baroli 4 4 Puffinus mauretanicus 9 9 Puffinus yelkouan Pyrrhocorax graculus 1 1 Pyrrhocorax pyrrhocorax 2 2 Pyrrhula pyrrhula Rallus aquaticus Recurvirostra avosetta Regulus ignicapillus Regulus regulus Remiz pendulinus Riparia riparia

26 Saxicola dacotiae 4 4 Saxicola rubetra Saxicola torquata Scolopax rusticola Serinus canaria Serinus citrinella 2 2 Serinus serinus Sitta europaea Somateria mollissima 3 3 Sterna hirundo Sterna paradisaea 6 6 Sterna sandvicensis 1 1 Streptopelia decaocto 1 1 Streptopelia turtur Strix aluco Strix uralensis 8 8 Sturnidae 1 1 Sturnus spp Sturnus unicolor Sturnus vulgaris Sula bassana Surnia ulula Sylvia atricapilla Sylvia borin Sylvia cantillans Sylvia communis Sylvia conspicillata Sylvia curruca Sylvia hippolais 1 1 Sylvia melanocephala

27 Sylvia sp 1 1 Sylvia undata 1 1 Tachybaptus ruficollis Tadorna ferruginea 1 1 Tadorna tadorna Tetrao tetrix Tetrao urogallus Tetrax tetrax Tichodroma muraria 1 1 Tringa glareola Tringa nebularia Tringa ochropus Tringa totanus Troglodytes troglodytes Turdus iliacus Turdus merula Turdus philomelos Turdus pilaris Turdus sp Turdus viscivorus Tyto alba Upopa epops Upupa epops Uria aalge 1 1 Vanellus vanellus Total number of Licenses Total number of Species

28 28

29 Annex II - Table of the number of derogation licenses (reasons and action) The table is summarising the total number of licences reported and their distribution within the permitted categories of reasons and methods applied:

30 Annex III Raw extract from database The information provided in the Member States derogation reports from 2004 have been entered into a database (Excel) made available for the Commission on CD ROM as part of this reporting. A raw extract of data from the database is provided in this Annex III. An interpretation of the standardised codes for derogation motive (reason), activity (action) and method (means of kill) applied in the database is shown in the three tables below. Reason code NAME BBCODE 0 N/A 0 10 in the interests of public health and safety iii 11 in the interests of public health iii 12 in the interests of public safety iii 20 in the interests of air safety iii 30 to prevent serious damage to crops, livestock, forests, fishery and water ii 31 to prevent serious damage to crops ii 32 to prevent serious damage to livestock ii 33 to prevent serious damage to forests ii 34 to prevent serious damage to fishery ii 35 to prevent serious damage to water ii 36 to prevent serious damage to agricultural stock-breeding ii 40 for the protection of flora and fauna i 41 for the protection of wild flora i 42 for the protection of wild fauna i 50 for the purposes of research and teaching, of restocking, of reintroduction and for the breeding necessary for these purposes iv 51 for the purposes of research and teaching iv 52 for the purposes of restocking iv 53 for the purposes of re-introduction iv 54 for the purposes of breeding necessary for activities 51, 52, 53 iv 60 to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers v 61 to permit, under strictly supervised conditions and on a selective basis, the capture of certain birds in small numbers v 62 to permit, under strictly supervised conditions and on a selective basis, the keeping of certain birds in small numbers v 63 to permit, under strictly supervised conditions and on a selective basis, other judicious use of certain birds in small numbers v

31 Action code NAME 0 N/A 20 Capture 21 Capture for decoy use 22 Capture (ringing) 23 Capture (hunting with nets) 24 Capture (hunting with snares) 25 Capture (hunting with lime) 26 Capture for keeping in captivity 30 Killing 31 Poisoned baits 40 Hunting 41 Falconry 50 Keeping in captivity 51 Keeping and caring for wounded birds 60 Releasing 70 Stuffing 80 Scaring away 90 Breeding 100 Taking of eggs 110 Marketing 120 Destruction of nests 130 Transport

32 Means of kill codes NAME 0 N/A 1 snares 2 live animal used as decoys which are blind or mutilated 3 tape recorders 4 electrical devices capable of killing and stunning 5 artificial light sources 6 mirrors and other dazzling devices 7 devices for illuminating targets 8 sighting devices for night shooting 9 explosives 10 nets 11 traps 12 poison and poisoned or anaesthetic bait 13 gassing or smoking out 14 semi-automatic weapons with a magazine 15 aircraft 16 motor vehicles in motion 17 limes 18 hooks 20 killing 21 killing by firearms 22 killing egg pricking 30 capture 31 capture, traps 32 capture, nets 40 destruction of nests 41 destruction of nests by hand 42 found dead 43 Killing by hand 44 scared away with repellent 45 Construction mashines 46 Falconry 47 Taking by hand 48 scared away with firearms and gas machines 49 Taking of sterile eggs