European Commission issues another warning on spring hunting

Malta again faces the wrath of the European Commission and an another interim court order if it allows spring hunting this season.

A Commission official yesterday warned that if the government gave in to pressure from the hunting lobby and allowed spring hunting, Brussels would have no other option but to again ask the European Court of Justice to issue emergency measures against the island.

"We have made it clear many times that, according to the Commission, spring hunting in Malta is finished as it goes against the Birds Directive," the Commission official said.

"Although a court case against Malta is still pending, we will not have any other option but to apply again for interim measures if Malta allows spring hunting this year."

The news comes as the Ornis committee, which is tasked with advising the government whether the hunting season should be allowed, yesterday again failed to make any recommendations.

During the previous Ornis meeting, the hunters' federation had asked that a decision on spring hunting should be taken and chairman Louis Cilia called for an emergency meeting, which took place yesterday. The hunters' federation on Monday called on the government to keep its promises and exercise a strong political will to restore "traditional" hunting and trapping in the Maltese islands. Such a move would restore a way of life that was so unjustly stolen from Maltese hunters and trappers. According to the federation, the responsibility to decide to open the spring hunting season and allow trapping primarily fell on the government.

When asked whether the government had any plans to open the spring hunting, a spokesman for the Office of the Prime Minister said this was not the case because there were no new developments that warranted any change in the position taken last year.

The EU official said that although it was true that the final decision on spring hunting had to be taken by the local authorities, this had to respect EU law. As the issue was sub-judice and there was already a court order on interim measures issued for last year's season, the Commission was expecting the government not to allow spring hunting even this year.

The official said that Environment Commissioner Stavros Dimas had already made the Commission's position very clear last week in a parliamentary reply to Robert Evans, a British Labour MEP who is keeping the issue alive.

Mr Dimas said the interim order of the European Court disallowing spring hunting in Malta in 2008 was considered by the Commission as setting a precedent in relation to spring hunting in subsequent years.

"The Commission would again apply to the court for interim measures should Malta permit the hunting for birds during the spring of 2009," Mr Dimas insisted.

In a statement after the Ornis meeting yesterday, BirdLife Malta president Joseph Mangion said: "We expect the Prime Minister to respect EU law and not put Malta in another embarrassing position where the court might again apply an interim measure. It is now time to focus on illegal hunting and provide the (police) ALE with much-needed resources as we have already started to receive reports of illegal hunting".

Following a series of warnings over this issue, the EU Executive had served Malta with a reasoned opinion, under article 226 of the EC Treaty, in October 2007, calling on the island not to allow spring hunting of turtle dove and quail for 2008. Responding in January 2008, Malta did not commit to banning spring hunting. As a result, the Commission referred the case to the European Court of Justice.

Given that the spring hunting season was imminent, the Commission also applied to the court for interim measures, asking Malta not to allow spring hunting in 2008. On April 24, 2008 the court concluded that the Maltese authorities should not adopt legislation permitting the hunting of birds during the spring period in 2008.

While the court decided on the application for interim measures, the main case on the principle of spring hunting in general has still to be heard.

According to a European Court spokesman, it is not yet known when the court will give its ruling as a hearing demanded by Malta has still to be held. However, the spokesman said it was possible that the court would not have decided before the "normal" spring hunting season in Malta started.

Usually, a court case instituted by the Commission against a member state takes two to three years to be decided by the European Court.