I n Paris, on October 20, 2005, the European Union was party to the Unesco Convention On The Protection And The Promotion Of The Diversity Of Cultural Expressions.

The convention made the following observations:

"Conscious that cultural diversity forms a common heritage of humanity and should be cherished and preserved for the benefit of all,

"Recalling that cultural diversity, flourishing within a framework of democracy, tolerance, social justice and mutual respect between peoples and cultures, is indispensable for peace and security at the local, national and international levels,

"Recognising the need to take measures to protect the diversity of cultural expressions, including their contents, especially in situations where cultural expressions may be threatened by the possibility of extinction or serious impairment,

"Taking into account the importance of the vitality of cultures, including for persons belonging to minorities and indigenous peoples, as manifested in their freedom to create, disseminate and distribute their traditional cultural expressions and to have access thereto, so as to benefit them for their own development."

On May 10, last year, the European Economic and Social Committee and the Committee of the Regions in Brussels, justly acknowledged that:

"Culture lies at the heart of human development and civilisation. Culture is what makes people hope and dream, by stimulating our senses and offering new ways of looking at reality. It is what brings people together, by stirring dialogue and arousing passions, in a way that unites rather than divides. "Culture should be regarded as a set of distinctive spiritual and material traits that characterise a society and social group. It embraces literature and arts as well as ways of life, value systems, traditions and beliefs.

"The originality and success of the European Union is in its ability to respect member states' varied and intertwined history, languages and cultures, while forging common understanding and rules which have guaranteed peace, stability, prosperity and solidarity - and with them, a huge richness of cultural heritage and creativity to which successive enlargements have added more and more.

"Through this unity in diversity, respect for cultural and linguistic diversity and promotion of a common cultural heritage lies at the very heart of the European project. This is more than ever indispensable in a globalising world."

Article 151 of the Treaty of the European Community (TEC) manifestly addresses distinct cultural and traditional traits:

"The Community shall contribute to the flowering of the cultures of the member states while respecting their national and regional diversity and at the same time bringing the common heritage to the fore."

Even more directly correlated to the present issue of spring hunting in Malta is the following provision, clearly put in place to safeguard cultural practices and distinctions:

"The Community shall take cultural aspects into account in its action under other provisions of this Treaty, in particular in order to respect and to promote the diversity of its cultures."

The treaty of Lisbon consolidated the treaty on European Union and the treaty on the functioning of the European Union. It seeks to redress a greater integration within the European Union.

Nonetheless, article 167, which is set to replace previous article 151, clearly highlights that the Union is bound to respect the national and regional diversity irrespective of its efforts towards a common cultural heritage:

"Title XIII

"Culture

"Article 167 (EX Art 151 TEC)

"1. The Union shall contribute to the flowering of the cultures of the member states while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore."

The same article once more stress something of particular relevance to the present issue in that it implies that the Union has to take cultural aspects into account under other provisions of the treaties, in this case the Birds Directive.

"Art 167 (4)

"The Union shall take cultural aspects into account under other provisions of the treaties, in particular in order to respect and to promote the diversity of its cultures."

Mr Farrugia is secretary of the Federation for Hunting and Conservation (FKNK)

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