Ivan Camilleri, Brussels
Spring hunting likely to be banned again
Trapping is completely banned
Hunters during a protest in Valletta in 2007 against the closure of the spring hunting season. Photo: Darrin Zammit Lupi
The spring hunting season is expected to remain closed this year as the pending case instituted by the European Commission against Malta is not likely to be decided before the springtime.
No formal hearing has yet been scheduled, which would be the next stage in the case by which Brussels is seeking to ban spring hunting on the islands.
This makes it practically impossible for the case to be wrapped up ahead of the season which, as happened last year, would lead to an interim ban on hunting.
"The next process in this case is a hearing where the legal experts of the Commission and the Maltese authorities will argue their case in front of the court.
Following the written submissions made last year, no date has been set for this hearing," a European Court of Justice spokesman told The Times.
Asked whether, in the absence of a final decision, the Maltese authorities could technically allow hunting this year, the spokesman said this was unlikely as the Commission would surely re-apply its interim measures if the Maltese tried to reopen spring hunting.
Apart from presenting its formal case, the Commission last year had applied for the issue of interim (urgent) measures for 2008 and 2009 to ensure spring hunting is not allowed before the court case is concluded.
The ECJ upheld the Commission's request for 2008 but dismissed the plea for 2009 as at the time it was not considered to be "a matter of urgency".
However, although this might provide a window of opportunity to Maltese hunters, who are expected to raise this point during an Ornis Committee meeting this week, Brussels has already made it clear to the Maltese authorities that the season will have to remain closed this year too.
"Last year's decision of the ECJ was quite clear," a Commission official said when contacted. "Spring hunting should not be allowed until the final judgment on the original case is given. If the Commission sees that the Maltese government is planning to allow hunting this spring, it will again have to apply for urgent interim measures," he said.
The official said that although the ECJ had dismissed the Commission's plea for 2009 on the basis that "2009 was not urgent", the court had still set a precedent in its ruling for 2008, to be applied again this year.
Brussels took the case to the ECJ after issuing warnings to Malta on the hunting of quail (Coturnix coturnix) and turtle dove (Streptopelia turtur) during spring.
According to the Commission, the hunting of these migratory birds takes place during their return from Africa to breed in Europe, before they have had a chance to reproduce, and goes against the EU's birds' directive.
As from this year, trapping is completely banned following the end of a transition period negotiated before Malta's accession.
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S Mizzi
Jan 29th 2009, 16:56
http://www.shooting.sh/shoot_quail_span.shtml
2 weights and 2 measures? You bet!!! Is Spain still part of the EU?
And don't anyone come here and say 'but the birds are farmed and released' because when last year one local shooting organisation attempted to get permission to be able to rear and release game birds for hunting purposes permission was denied. Note the website clearly indicates: 'Quail hunting is available in the mountains over savannah and scrub land, 365 DAYS A YEAR' and 'We supplement the wild stock with stocked birds'
S Mizzi
Jan 29th 2009, 08:57
Mr Matthews,
To answer your question the difference between hunting laws in Malta and those of the EU lies, or rather should lie, in what was agreed pre-accession. Malta, like other EU countries, albeit for different reasons, argued that given our special circumstances Spring Hunting should be retained. It was therefore agreed that Malta would be able to derogate, under certain terms and conditions and allow hunting in Spring. This was promised to the strong hunting lobby, in a personalised letter to each and every hunter from the Prime Minister, and by the Malta-EU Information Centre. The majority of hunters voted Yes in the referendum under the understanding that their pastime was guaranteed.
So yes, whilst broadly all EU countries have the same hunting laws, given the particular circumstances of different countries, these sometimes differ. For example, in a particular region of Austria, because it was an ancient tradition to trap birds, the EU still allows them to trap. Because in the UK, Wood Pigeon and Carrion are considered as pests and as you know cause untold damage to crops, one can hunt these species all year round, again, under certain terms and conditions.
S vella
Jan 28th 2009, 15:12
@d borg
you have your sanctuaries were to go bird watching and all species to enjoy, all we are asking for is what was guaranteed that we will continue hunting in Spring, the Turtle dove and the quail. That is our right not a favour. The Government should have not made promises that he couldnt keep. We are citizens of an EU country, and our democratic government must upgrade himself and be accountable with his citizens.what happened to words of honour? Dr Gonzi please keep your guaranteed promises obo EFA and your party.
m farrugia
Jan 28th 2009, 08:58
Well I'll have to book my spring hunting holiday again this year in the UK. Can someone tell me if UK is in the EU ?
J. Borg
Jan 27th 2009, 21:14
So we're "LIKELY" to enjoy peaceful walks in the countryside...
our children play around safely and breathing fresh air.....
and possibly we get the chance of experiencing a sight of a lovely bird without the heartache of seeing it blasted.
It is really peculiar why such 'achievements' are still considered 'likely' rather than a MUST.
Robert Scullion
Jan 27th 2009, 19:16
@IGalea
Ah another falsehood.
Both France & Germany have breached the Stability Pact and reprimanded.
While Spain has never breached it.
Still why let facts get in the way of your anti-EU campaign bashing.
Anthony A. Mifsud
Jan 27th 2009, 19:03
@ Andrew Gatt,
Weldone boy, you said the magic word, Let the Courts decide.
But my frien, the boy with Big Stong hands, have a bad BACK he is cornered, he verbaly promised and on the other hand he is scared to take this step.
Should I be kept in this year, or I would say April - May. Then I stay in in JUNE ok
All of us should follow suit.
Tony
Mario Gauci
Jan 27th 2009, 18:26
I hope we will have another peaceful spring. That is without spring shooting.
Edwin John Matthews
Jan 27th 2009, 17:14
I am a target shooter. I am neither anti or pro hunting. I admit I do not understand the hunting laws in Malta. What interests me is if hunting laws apply in the EU, Malta is now part of the EU so why is there a difference from EU country to EU country. Surely organised hunting should be allowed to proceed until the laws are changed "by statute" by either the Maltese government or by the EU. Unfortunately, some of the ""RULES"" the EU has made are detremental to even us in the UK ,but again unfortunately we have to abide by them. The only thing I wish to say that,although it is possibly necessary for hunters to wear camouflage outfits pursuing their sport,perhaps it is unwise for them to wear such outfits at a demonstration as, in my opinion, it gives the impression that hunters are "combatants" . I do not mean to criticise hunters, but, a lot of hunters in the UK, depending as to what they are hunting, wear orange/red to be safeley recognised.
deb bugeja
Jan 27th 2009, 15:26
Spring hunting likely to be banned again? good news
salvu abela
Jan 27th 2009, 15:21
May I ask why does the ECJ consider the case as not a "MATTER OF URGENCY", lets say the case comes in favour of the Maltese Hunters ,how are the hunters going to be compensated for those two,three (or who knows how long it`s gonna take to finish the case) seasons which have been denied (close), cause this thing it`s not about money if you win the case you will get the refund plus the interest ,this case is about time,you have the season closed,that`s it you`ll never get it again in your life. It` like when you miss your childhood you will never have it again.
S Vella
Jan 27th 2009, 14:46
@TMifsud "THE RACE IS TILL THE FINISHING LINE" DONT CELEBRATE YET! WE HAVE WRITTEN GUARANTEES FROM THE HIGHEST AUTHOROTIES, AND I THINK THEY HAVE A WORD OF HONOUR.
@ghaber
I am sure you dont distinguish between a turtle dove and a pigeon!
How democratic the EU, they are big daddies with the small member states as this shows who dictates in the EU if not the strong countries.
We are being punished before found guilty. WEREIS JUSTICE?
IF THE GOVERNMENT FAILED TO PRODUCE THE REPORT OF 2007,THATS INEFFICIENCY FROM HIS SIDE! AND WE CANNOT BE VICTIMS ANY MORE OF A GOVERNMENT WHO GAVE US A WRITTEN GUARANTEE THAT WE CONTINUE TO HUNT TURTLE DOVES AND QUAILS IN SRING UNTIL HE GOT HIS CUSHY SEAT, AND NOW HE TURNS HIS BACK ON US. WE ARE MALTESE CITIZENS AND THE GOVERNMENT IS THERE TO DEFEND OUR RIGHTS. SOME DECENCY AND HONESTY PLEASE, NOT WHEN YOU HEAR SOMEONE SAY THAT POLITICS IS DIRTY YOU PRETEND TO BE THE SLaUGHTERED LAMB.
Pierre Zammit
Jan 27th 2009, 14:39
For those of us who grew With Dr. Fenech Adami's so wholeheartedly evocated phrase - 'Is s-Sewwa Jirbah Zgur', justice has to be delivered to the maltese shooting community ,PROMTLY!
With his Excelency's double reassurance in written, Commisioner's Verhoigen's admittall that an agreement was achieved for good with the Union, and Ambassador's Barrimore frequent media statements that Malta was doing very well in the pre accession dealings, the local hunting fraternity was driven for that Once of a Lifetime Decision to seal fo good our Membership in the E.U....
Thus what we were promised had to stand and not finding ourselves in litigation just, a few years on, as members of the E.U.
It was simply an acquired Right to Hunt in Sring, plain and simple.........
The E.U. was depicted to us as a bastion of Rights and Standards, only to find out that it uses Double Standards with the small and weak. To hell with Democracy and credibility!!
Are these the principles we are to give to our future young Politicians? I invite any conscience modifated Members of Parliament to act now as, 'Is Sewwa JRID Jirbah Zgur!!'
d. borg
Jan 27th 2009, 14:25
@Philip Grech
Hunters are penalised? What about the birds which are blown out of the sky, their only guilt being a bird flying over Malta. And what about us bird lovers who have to witness this massacre year in year out.
MARK MIFSUD BONNICI
Jan 27th 2009, 14:24
It is not for the ECJ to decide whether to open the season or not. The 2007 report has to be evaluated by the Commission and if our cause is justified the season will be opened. Until the main court case is heard in 2010 spring hunting is still technically legal.
Any "officials" blabbering, government submission or biased reporting will not change anything no matter how hard they try!!
Government sabotaged the process of derogation by failing to send annual reports regularly. It ruined its chance of exercising its right to derogate.
Interim measures were imposed only because of the lack of these reports. This is confirmed in the ECJ ruling for interim measures.
There can be no "precedent" no "guarantee, just the need for the evaluation of the said report. This is why the ECJ stated: "The ECJ upheld the Commission's request for 2008 but dismissed the plea for 2009 as at the time it was not considered to be "a matter of urgency".
The matter of urgency can only be decided by the ECJ if this report is not accepted by the Commission as valid for the opening of the 2009 season.
Andrew Gatt
Jan 27th 2009, 13:47
The Government should have the GUTS to open the 2009 Spring Hunting season as agreed with the EU. This was GUARANTEED to us in writing several times. And regarding other EU countries, well, they ALL have ample stocks of resident game of all sorts as a viable alternative. We do not.
And for everyone's information, one can go shooting in the UK 24/7/365 for a number of species! Why? BECAUSE THEY DEROGATE FROM THE BIRDS DIRECTIVE - the same as what WE were promised - for JUST 2 SPECIES in our case. This is what all this fuss is about!
OPEN THE SEASON AND LET THE COURTS DECIDE.
MARK MIFSUD BONNICI
Jan 27th 2009, 13:30
The precedent set for 2008 referred to by the "official" is non existant. The 2008 season was suspended due to the lack of the 2007 government report at the time of the interim measures hearing. This report is necessary to justify the opening of EVERY following season
The 2009 season should in theory be opened depending on the results of this report. Government should declare the season open in accordance to the guarantee given. If the season is not to open this can only be due to the report for 2007 not proving satisfactory to the Commission. Subsequently the ECJ would have to impose interim measures yet again and government would have to close the season.
Government is not declaring the season open for fear of jeopardizing its position at the ECJ. If indeed its guarantee was fool proof none of this would have occurred. It now transpires that all the nice promises were nothing but nonsense.
It is now crystal clear that government was totally deceived into guaranteeing spring hunting.
As things stand the 2007 report is our only justification. That is of course if the ECJ is truly sincere.
Anthony Formosa
Jan 27th 2009, 13:02
Asked whether, in the absence of a final decision, the Maltese authorities could technically allow hunting this year, the spokesman said this was unlikely as the Commission would surely re-apply its interim measures if the Maltese tried to reopen spring hunting.
What are the Maltese authorities waiting for? Where is our guarantee? Where is MIC.
The ECJ upheld the Commission's request for 2008 but dismissed the plea for 2009 as at the time it was not considered to be "a matter of urgency".
What is considered urgent in Brussels? if it does not affect their cushy job?.
@ ghaber, you're right, my advise close all your windows, protect your swimming pool, as we're going to be invaded by birds.
@ T.Mifsud You're speaking too early.
Tony Caruana
Jan 27th 2009, 12:56
@ T Mifsud
Do not be so overjoyed. I will still go Hunting in Spring. But instead of Malta i will go do it in the UK. Where Spring Hunting is allowed because they have a goverment that is not a Puppet of the EU.
I will dedicate all the birds i shoot to you.
lgalea
Jan 27th 2009, 12:53
Philip Grech
This is how the eu works.
Bullying small members while playing lackey to the big ones.
Have a look at how many times France and Germany violated the budget criteria and see how they got a pat at the back while Portugal and Spain were forced to do as the eu petty dictators ordered.
Sylvana Zarb Darmanin
Jan 27th 2009, 12:47
I believe that the reporter is being quite presumptuous when reporting that as happened last year, there would be an interim ban on hunting. I would have rather expected him to report that his co-citizens (Maltese hunters) are accused of being penalised before even being proven guilty.
I am sure that all will agree that the European Court and the Commission are supposed to be two distinct entities. So how can the ECJ spokesman state that “the Commission would surely re-apply its interim measures if the Maltese tried to reopen spring hunting”?!
Can somebody enlighten readers as to who in Brussels “has already made it clear to the Maltese authorities that the season will have to remain closed this year too”?
I am sorry to say that such reporting has further confirmed to me the indiscriminate, dictatorial and the application of pressures within the EU Institution.
ALL THE ABOVE AFTER THE WRITTEN GUARANTEES BY THE MALTESE GOVERNMENT, MIC AND THE EU ITSELF. SO MUCH FOR CREDIBILITY!!!
T Mifsud
Jan 27th 2009, 12:11
At last!
Joe Camilleri
Jan 27th 2009, 12:05
@ A Azzopardi
"its harder to take turtle doves in Autumn" don't you realise that you are contradicting yourself with your own statment. It is obviously harder because lesser birds pass over our islands. This is verified by Maltese ornithologists.
As for shooting 24/7/365, if other EU states allow it, then it should also be allowed in Malta as we are no children of a lesser god.
Regarding the forum, if you read the threads well, those birds were not protected at that time.
Also I am happy that you generally visit our forum. You should apply for a username and discuss things there.
S Mizzi
Jan 27th 2009, 12:00
A Azzopardi.- vide
http://www.huntinginmalta.org.mt/uploads/24/471/Hunting_in_Malta_in_Spring_and_Autumn_-_A_Comparative_Study.pdf
I regularly read the FKNK website and have yet to see hunters 'reminiscing about the times where they could shoot protected species without any control!!!' you'd need to cut and paste at least 10 comments to substantiate your allegations because you tried to give the impression that its a regular occurence- I challenge you.
In any case this is besides the point. The issue here is will Maltese hunters be able to shoot Quail and Turtle Dove in Spring. I think its still very open and its 50/50. Time will tell anyway.
Philip Grech
Jan 27th 2009, 11:17
Is this a case where the Maltese hunters are being penalised before being found guilty? So much for European justice.
A Azzopardi
Jan 27th 2009, 11:09
@ S Mizzi
Anything but correct. The issue here is that a derogation cannot be applied since as per the Birds Directive, no hunting can take place in spring as lonfg as there is an alternative. In Malta we have an alternative. It's known as the Autumn hunting season. But the hunters are obviously moaning since its harder to take turtle doves in Autumn as opposed to easily blasting away at them in Spring.
And obviously, if they had their way they'd be shooting 24/7/365. Just have a look at their forum to see them reminiscing abouty the times where they could shoot protected species without any control!!!
Nigel Lawrence
Jan 27th 2009, 11:02
Spring hunting likely to be banned again-----------
Do you REALLY think that will stop the determined gunslinger?
S Mizzi
Jan 27th 2009, 10:38
Just because the EU has taken Malta before the ECJ over the issue of Spring hunting doesn't spell the end to this pastime during this period. As far as i'm aware, the case is over Malta not applying the necessary measures to derogate, viz applying for derogation on annual basis together with necessary paperwork involved. This doesn't mean that if found guilty Malta loses its right to derogate. This remains part of the Malta-EU agreement.
Correct?
ghaber
Jan 27th 2009, 10:22
Hopefully the majority of Maltese can now start enjoying birds ALIVE........