Article 8 prohibits the use of nets, traps, snares, limes, hooks, live deocy birds, tape recorders, electrocuting devices, artificial light sources, mirrors, illuminating devices, explosives, poisoned or anesthetized bait to hunt, capture of kill birds.
Member States can derogate from Article 8, if certain conditions are met. These conditions are set out in Article 9. Derogations can be applied for example in the interest of public health and safety (9(1)a), for scientific, educational and conservation purposes (9(1)b) or in a very strictly regulated way for other “judicious use” (9(1)c).
However, the derogations must specify: the species which are subject to the derogations; the means, arrangements or methods authorized for capture or killing; the conditions of risk and the circumstances of time and place under which such derogations may be granted; the authority empowered to declare that the required conditions obtain and to decide what means, arrangements or methods may be used, within what limits and by whom; the controls which will be carried out.
Additionally, each year Malta must report to the Commission on the implementation of this derogation.
If the Commission doesn’t see these conditions met it can prohibit the further use of the derogation, if needed by applying to the European Court of Justice.
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