63Regarding those criteria, it must be considered that, on the basis of current scientific knowledge, ‘small numbers’, within the meaning of Article 9(1)(c) of Directive 2009/147, should be understood as any sample of less than 1% of the total annual mortality of the population in question (average value) for those species which are not to be hunted and a sample in the order of 1% for those species which may be hunted, and ‘population in question’ is to be understood, with regard to migratory species, as the population of those regions from which come the main contingents passing through the region to which the derogation applies during its period of application (see, to that effect, judgment of 11 November 2010, Commission v Italy, C‑164/09, not published, EU:C:2010:672, paragraph 35).
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