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.