Government to challenge EU's legal action

The government has no intention of changing its position that allows spring hunting despite the European Commission's decision on Wednesday to initiate legal proceedings against Malta over the matter.

In a brief statement by the Ministry for the Environment and Rural Affairs, the government said it did not agree with the Commission's position and reiterated its commitment to defend its case "in all legal fora".

Sources close to the government said the government was committed to defending its position "no matter what it takes".

The government said that while taking note of the decision by the European Commission, this was just the first of three legal phases which the Commission has to pass through in order to determine whether Malta is in breach of European legislation.

Until yesterday, the government had not received any formal notification on this case from the Commission.

Contacted for his reaction, Environment and Rural Affairs Minister George Pullicino said he had nothing to add to the official government statement.

On Wednesday, the European Commission formally decided to initiate legal procedures against Malta over the breach of the Birds Directive. In a formal notice to Malta, the first stage of a full legal procedure, the Commission said that on the basis of information provided by the Maltese authorities, the Commission believes that alternative solutions to spring hunting exist as this could take place in the autumn.

Spring hunting is still being practised in Malta - the only EU member state still allowing it - in relation to two bird species, as the government applies a derogation as permitted under article 9 of the Birds Directive. Every year, however, Malta has to justify the derogation, which is particularly permitted if it is proved that there is no other alternative.

Commission sources said the decision to initiate legal proceedings against Malta had been long coming. They said that according to figures given by the Maltese authorities, in autumn 2004 more than 12,000 turtle doves and quails were shot by Maltese hunters.

"Knowing that Malta is a small island and hunters are not the most law abiding citizens, we estimate that a few more thousands of birds were actually killed. That proves that autumn hunting is an alternative and not at all 'minimal'."

These figures are, however, being contested by the Maltese authorities, who claim that the Commission is factually wrong.

"The figures we gave the Commission mention 8,000 birds and our main argument has been that our autumn hunting is actually very minimal as not even a bird per hunter in a whole season is bagged," government sources said.

Asked whether according to this latest decision spring hunting will be outlawed in Malta as from next year, the Commission sources said the whole legal process might take between four and five years to complete.

"We would prefer that the Maltese government would outlaw spring hunting from 2007, however we are realistic.

"We are already assuming that the government would like to prolong the current status quo and will probably challenge the case before the European Court of Justice. If that happens it will take at least four years to conclude. However, in that case Malta would have to fork out thousands of euros in possible fines," the Commission sources said.

Meanwhile, one of the organisations that had originally launched an intensive campaign to exert pressure on the EU over spring hunting yesterday declared its satisfaction with the Commission's decision.

Lolita Szabo, spokesman for Bird Protection Belgium, said that together with another 15 European environmental organisations, it had presented a 200,000-strong petition against the continuation of spring hunting in Malta. She said her organisation has been receiving thousands of requests from Maltese and other Europeans urging spring hunting and trapping to stop and illegal shootings to cease.

"It would have been nonsense for European institutions to be deaf to their request. It is a big step forward to see the European Commission committing itself not to tolerate the current situation of hunting in Malta any longer and by this, making a warning precedent. It is now up to the Maltese citizens to call for their government to respect its obligations, to avoid the country being brought to court and paying fines," she said.