September 10 is D-Day for spring hunting
The European Court of Justice (ECJ) is expected to deliver a verdict on whether Malta must permanently ban spring hunting on September 10.
The court case against Malta was instituted at the beginning of last year after various warnings by Brussels that hunting in spring should be stopped as Malta was in breach of the Birds Directive.
Despite these warnings, the government permitted hunting to continue in three consecutive spring seasons after accession - in 2005, 2006 and 2007 though the season was not opened either in 2008 or this year.
"The five judges hearing the case have now come to a conclusion and the final verdict will be delivered in open court on September 10," a source close to the ECJ told The Sunday Times.
It is as yet not known what the court will decide although it is rare that the Commission loses a case. Both the government and the opposition have declared they will respect the court's verdict.
During a public hearing last May in front of the ECJ, both Malta and the Commission presented their final arguments. Malta, represented by the Attorney General Silvio Camilleri, argued that banning hunting in spring "will practically" mean the end of hunting in Malta, since the number of turtle dove and quail available in autumn, the alternative season, was so low that less than one bird per hunter was caught.
The Commission rebutted this argument by referring to figures supplied by Malta to the Commission. Peter Oliver, the Commission's main legal counsel, said the figures showed that in autumn 2004, Maltese hunters killed or captured 8,000 birds. In 2005, 10,000 turtle doves and quails were victims of hunting.
Spring hunting has been banned since 2008, after the Commission issued urgent measures ordering Malta to discontinue hunting in spring until the court case was decided.
According to the Birds Directive, member states cannot allow hunting in the rearing and reproduction season. But since accession in 2004, Malta chose to implement a derogation allowed under the same rules "where there is no other satisfactory solution". Malta had to prove in court that there was no satisfactory alternative to spring hunting in the country.
In 2006, the Commission took legal action on the grounds that Malta was not justified in invoking this derogation. The Commission's stand is that enough turtle doves and quails are hunted in autumn. When Malta stuck to its position, the Commission filed an application before the ECJ declaring that Malta failed to fulfil its obligations under EU rules.
Factbox
May 2004 - Malta joins EU.
Spring 2005/06 - Government uses derogation under Birds Directive to allow hunting.
June 2006 - EU issues first formal notice warning Malta that spring hunting is not justified.
September 2006 - Malta asks for more time to reply to EU warning. Concession granted.
January 2007 - EU organises information meeting in Brussels for hunters and environmentalists. Status quo.
February 2007 - Malta again allows spring hunting despite EU warning.
March 2007 - EU issues supplementary warning letter to Malta.
May 2007 - Government decides to close spring hunting 10 days before official closure due to massacre on protected birds. Brussels applauds Malta's decision but asks for a complete ban.
October 2007 - Brussels issues reasoned opinion and final written warning to Malta.
December 2007 - Malta's reply deemed not satisfactory by Brussels.
January 2008 - European Commission decides to refer the issue to the European Court of Justice in Luxembourg.
February 2008 - Court case lodged before the European Court of Justice. Commission also asks for the issue of urgent interim measures to stop opening of 2008 spring season.
April 2008 - European Court issues interim measures and orders Malta not to allow spring hunting in 2008. Government abides by decision.
May 2008 - Public hearing of court case against Malta.
September 2009 - Final ECJ ruling.
12 Comments
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Johnny Xerri
Jul 12th 2009, 21:22
@ Mr James
Wow 10000 doves & quail. Indeed impressive, considering that there are 17000 hunters. Not even one each from each species.
Considering that other countries like the UK & Spain hunt for 365 days a year, considering that there are over 7 million hunters in the EU, all of which catch an estimated 100 per hunting excurssion, just estimate yourself there yearly catch.
So 17000 hunters are endangering the species by having one season, whilst 7 million hunters are hunting through the EU for much longer seasons, in some cases all year round.http://www.shooting.sh/shoot_quail_span.shtml
By the way illegalities occur all over the EU. Just have a look here.
http://www.sportinggun.co.uk/news/252235/Police_fail_to_tackle_wildlife_crime_across_UK.html
& how other governments react
http://www.shootinguk.co.uk/news/342137/Police_to_stop_monitoring_hunts_after_new_guidance_issued.html
To add insult to injury the same protected species will now be killed without breaking the law in the UK
http://www.shootinguk.co.uk/news/341596/New_guidance_to_help_control_protected_predators.html
Well just hope they kill all the buzzards & raptors they can, so if there will be non left to visit us we can opefully hear of less gimicks & exaggerations.
Just hope that they will not be shipped or transported to Malta by the raptor camp participants so they can be displayed here
carmel james
Jul 12th 2009, 20:18
10 000 turtle doves and quails shot in one autumn.....wow....so birds do come to malta. And what about song thrushes, skylarks and starlings how many are shot? and when hunting was rampant until a few years ago, how many birds used to be shot? and out at sea when hunters used to chase birds with speedboats, what were the numbers? and how many finches are trapped? WOW.... 10 000 turtle doves and quails shot in one autumn, then what about spring? and how many hunters actually see all these birds, cause they always accuse birdlife of lying when it comes to numbers. So birds do come to malta.
I think that the only way for hunters to ever achieve a derogation is first to show that they are disciplened during hunting and are self-regulated, always show that they are against any form of illegal hunting, when protected injured birds are reported they should be the first to admit such activities not invent all sort of excuses for these illegalities, and most importantly become pro-active in hunting laws together with Birdlife. If need be the hunting leaders give way to new blood with new ideas. Otherwise it might not be easy.
r sammut
Jul 12th 2009, 19:08
‘it is rare that the Commission loses a case’ then why bother at all? Does it mean that petit
Malta has a destined fate? The reasons brought up by our Attorney General Silvio Camilleri that the quoted number of catches is not enough for even a bird per hunter or trapper!
The plan of Barroso to make an example of Malta was solemnly true then!
While this case involves only the previous mentioned years, Malta can still re-apply for future derogations! The government determination to push through the correct channels will be the only requirement. This experience plus experience gained during our time in the EU now should get us a proper handle of the ropes.
Anthony Formosa
Jul 12th 2009, 19:07
The European Court of Justice (ECJ) is expected to deliver a verdict on whether Malta must permanently ban spring hunting on September 10.
THE VERDICT IS FOR 2005/6/7, AND WHY NOT IN 2004 SINCE WE JOINED ON MAY 1st OR WE DIDN'T BREAK ANY EU RULES THEN.
It is as yet not known what the court will decide although it is rare that the Commission loses a case.
WHAT DO YOU EXPECT UNDER EU DICTATORSHIP.
Both the government and the opposition have declared they will respect the court's verdict.
THIS WAS THE PAST, IF OTHER EU COUNTRIES HUNT WE SHOULD ALSO HUNT.
@ I.Borg and J.Borg, where is it mentioned total ban? Our government is spineless indeed, not like others who permit it..
@ journalist
THE ANOTHER D-DAY IS FOR THE PL.
MARK MIFSUD BONNICI
Jul 12th 2009, 16:05
Sept 10 is actually D day for the PN government that lied to the electorate by saying that hunting was guaranteed after accession. The Times conveniently omitted this point in its "factbox" it also omitted the fact that the court case deals with Government's illegal use of derogation in that it failed to comply with derogation requirements.
Malta's future right to derogate for spring hunting is not effected by this judgment. This right can be exercised by any future government that considers the rights of its citizens to be more important then their pride. The hunter's rights were sold to the EU as a condition for EU entry.
Only time will tell who betrayed the hunters in order to win over their votes. Written promises, Verheugen's contradictory statements, a specially chosen hunting adviser and four season opened illegally all point towards a pre conceived PN plan. That of cubing "hunting abuse" if Malta wanted EU membership.
The PN's only way of fulfilling its dream of EU membership was to sell the hunter's rights, even stooping as low as resorting to blatant deceit and betrayal.
A change of Government will prove me right.
J. Borg
Jul 12th 2009, 15:31
Thanks to the EU
no thuggery & selfishness can have the upper hand
as for local spineless politicans...finally we can do away with their sickening games
Sylvana Zarb Darmanin
Jul 12th 2009, 15:14
CONTD.
Malta has argued that Autumn cannot be considered as an alternative season as the taking of turtle dove and quail was "less than one bird per hunter". Any reader of a moderate level of intelligence will realise that the Commission's rebuttal is no rebuttal at all!! Had Peter Oliver, the Commission's main legal counsel done some mathematical calculations with the figures quoted by him, he would have realised that he was confirming Malta's argument. Quoting his figures:- "in autumn 2004, Maltese hunters killed or captured 8,000 birds. In 2005, 10,000 turtle doves and quails were victims of hunting." If there are 17,000 hunters and trappers (since killed or captured are mentioned), the 8,000 birds for 2004 work out to 0.445 bird per person, whereas this will work out to 0.58 bird per person for 2005. SO WHAT IS THE COMMISSION REBUTTING EXACTLY?!!
Another non-factual statement is: "Spring hunting has been banned since 2008, after the Commission issued urgent measures ordering Malta to discontinue hunting in spring until the court case was decided." Mr Camilleri, persisting in such false reporting makes me wonder what is actually behind it!
Johnny Xerri
Jul 12th 2009, 15:10
@ I borg & other dreamers
D Day for birds? U wish
Lets say that due to gross misinformation and sterio-typing the hearing goes against Malta, this does not mean that future govternmants who opt to go for a derogation cannot.
Lets say that no govt opts to go for a derogation, then no problem. I will apply for a permit to develop my land. Rent or sell it and go & hunt in the UK any time of the year (365 days) and kill as many birds as possible.
Not much of a problem now we are in the EU. Poor birds, not getting shot in Malta, only to get shot in the UK. Poor environment, not developed due to hunting, but developed due to protection. Poor economy not spending my income in Malta, only to spend it in the UK. By the way if I decide to hunt 365days a year, by emigrating poor tax payer, funding my university studies upto my economics masters, only to serve another country.
Cheers. Some food for though or should that be bird for thought!!
Sylvana Zarb Darmanin
Jul 12th 2009, 15:02
The FACTBOX is NOT completely FACTUAL!!!! In February 2008 the Commission DID NOT ask for the issue of interim measures to stop the opening of 2008 spring hunting only. It requested indefinite interim measures which were not accepted by European Court. In fact, this court only issued interim measures for 2008.
Another non-factual statement is that the ECJ is NOT "expected to deliver a verdict on whether Malta must permanently ban spring hunting". The ECJ will only rule with regard to the 2005-2007 Spring Hunting Seasons. I have had occasion in the past to urge this same reporter to inform himself better on this topic. I am beginning to believe that such non-factual reporting is conveniently being used!!
...CONTD.
Noel Cutajar
Jul 12th 2009, 14:53
Jiena kaccatur m'hiniex pero ebda pajjiz fl-Ewropa li kellhi x-xorti inzur ma rajt nies li jimxu ezatt mal-istaguni tal-kacca. Jekk kien hemm ic-cans li jisparaw fuq ghasfur protett, sparawlu wkoll. Dejjem bl-iskuza li qeghdin jipprotegu gidhom minhabba trobbija ta' xi annimal iehor. Pero jibqa' l-fatt li Brussels dejjem daret ghaz-zghir ghax sahha m'ghandhux. Dak huwa il-punt u xejn aktar. Wiehed dejjem irid jinghad li speci ta' annimali ohra bhal Boars, fniek selvagg, criev huma kaccjati fl-istaguni taghhom u dak id-dilettant li ghandu ghal qalbu il-kacca ghandu l-ghazla. Ahna x'ghandna!! sa ftit ta' snin ohra l-anqas kampanja mhu sejjer jibqa ahseb u ara ghasafar u kacca!!
l borg
Jul 12th 2009, 12:50
sept 10 is d day for birds not for hunting
i am sure that the european court of justice is aware of the type of hunting we have in malta in which any that flies is shot from sparrows to eagles and like last year black storks
protected or not the fate is the same
so the only sane decision is a complete ban on hunting
Ray mangani
Jul 12th 2009, 12:38
As usual and expected, The Times tries to sway away from facts.
On 10 September ECJ will deliver its verdict NOT FOR A PERMANENT BAN ON SPRING HUNTING (as reported ) but for the derogation used for the spring sesons of 2005, 2006, 2007.
come what may the result, Malta can still easily apply for a derogation for the future.
................there is a will.........way!!!!!!!!