'Very limited' spring hunting possible
BirdLife welcomes decision
Legal advisers will be examining the judgment given by the European Court of Justice yesterday to decide whether there is any possibility for "very limited hunting under strict controls" to be allowed in spring, the government said last night.
The ECJ ruled that Malta breached EU rules when it allowed spring hunting between 2004 and 2007.
"The decision does not mean that spring hunting has been banned for ever. The court could not remove Malta's right to apply for a derogation in future and, in view of new data, which we already have, and with political will, we can get a derogation, although it will be more difficult," the secretary of the hunters' federation, Lino Farrugia, said in reaction to the judgment.
The government said that whereas the court made it clear that the way the derogation was applied in Malta was not in line with EU law, the judgment left space for a proportionate use of the derogation for spring hunting in Malta.
It also noted that the court conceded Malta's arguments that, having regard to the country's specific circumstances, the autumn hunting season could not be considered as a satisfactory solution.
"Nevertheless, this finding, far from opening up, without limit, the possibility of authorising hunting in spring, does so only so far as it is strictly necessary and provided that the other objectives pursued by the (Birds) directive, in particular protection of the population of the species concerned, are not jeopardised," the government added.
It recalled that, over the past few years, the government had introduced a number of restrictive measures on hunting in spring in an effort to bring the practice within the spirit of the Birds Directive. "However, these limited measures were always met with opposition from hunters' organisations."
In welcoming the ruling, the European Commission said the "judgment clarifies that spring hunting may only be permitted under certain strict conditions, strictly proportionate with the aim of conserving bird species.
"In reaching its judgment of today, the court has clarified that the spring hunting season in Malta, which resulted in a mortality rate for that period some three times higher (about 15,000 birds) for quails and eight times higher (about 32,000 birds killed) for turtle doves than for the autumn hunting season, did not constitute an adequate solution that was strictly proportionate to the aim of conserving bird species," the Commission said. The five judges presiding over the Luxembourg-based court said Malta had broken EU legislation when allowing hunting to take place in the first four seasons following EU accession (2004-2007) as it was not justified in invoking a derogation allowed under the Birds Directive to justify the hunting of turtle doves and quails in spring.
The ECJ acknowledged that autumn was not strictly an alternative to spring hunting because the number of birds that could be hunted was restricted and not comparable to spring. However, it noted, birds hunted in spring were disproportionate when compared to autumn and, thus, Malta did not meet the strict conditions tied to the derogation allowed under the Birds Directive.
"Hunting for quails and turtle doves during the autumn hunting season cannot be regarded as constituting, in Malta, another satisfactory solution, so that the condition that there be no other satisfactory solution, laid down in article 9(1) of the directive, should, in principle, be considered met," the court argued.
BirdLife International and BirdLife Malta welcomed the decision, saying the ruling showed that the practice jeopardised the conservation of the species. "As a consequence, BirdLife concludes spring hunting has to end permanently. Hunting in autumn can continue for these (quails and turtle doves) and 30 other species in Malta, under certain conditions laid out in the EU Birds Directive."
In its judgment, the ECJ also dealt with the argument made by Malta that during the accession negotiations on the subject the Commission had indicated to the island that it would be able to continue allowing spring hunting.
Although the ECJ steered clear of entering into this hotly-debated area and on which the government had based its promises to hunters before accession, the court said the issue did not have any effect on this case. "Apart from the fact that this (an assurance by the Commission) is not apparent from the documents before the court, it is, in any event, irrelevant to the assessment of compliance with the condition that there be no other satisfactory solution within the meaning of article 9(1) of the directive."
Gunter Verheugen, who, as Enlargement Commissioner, had conducted the accession negotiations with Malta, had denied the EU had given any assurances.
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C Muscat
Sep 13th 2009, 00:41
@ Ray Galea
Thanks a lot for providing us with the birdwatching in malta website because it is not only informative but also shows the true beauty of the LIVE birds found on the maltese islands.
Sylvana Zarb Darmanin
Sep 12th 2009, 13:56
Mr E Azzopardi, I would have expected you to inform yourself better before submitting your comment. It is not that we should not thank God anytime BUT in this case God had nothing to do with it. The ECJ could never have fined Malta "several millions". This was never the case!
Pity that certain contributors waste so much space with their non-factual statements!!
E. Azzopardi
Sep 12th 2009, 01:40
Let us, for just one minute, say that " some very limited form of hunting" will be allowed, which I doubt very much. The EU will stop this within a few days because, as in many other instances, we have no self dicipline and we all know what would happen as we have been through this on many occasions in the past. If we had some self discipline in this country, perhaps this would have never happened. But it did.
Thank God ( and nobody else) that we were not fined several millions. That would have been the cherry on the cake.
By the way, there is no need for insults.
Anthony Formosa
Sep 11th 2009, 19:06
Birdlife Malta is confused and once again they are trying to mislead the public. Thanks to FKNK and their members we will not stop fighting for our rights no matter how long it will take.
@Chris Finch, perhaps you are the ridiculous one, as far as I'm concerned the Greens were always strongly against hunting and never succeeded, the recent MEPs opposing hunting failed to challenge those who were pro hunting. However if you still dream of a referendum on hunting lets also include alcohol and smoking, which is killing our children. Grow up please and be tolerant.
And the joke of the day, Mr. Gunter Verheugen denies any assurance on spring hunting, does this person has any credibility? Can anyone from the media have the guts to at least challenge him on what he said to the Maltese people?
Chris Finch
Sep 11th 2009, 18:11
@ Johnny Xerri,
Don't be ridiculous. DO you seriously think someone however opposed to hunting would have voted No to joining the EU with all the benefits that brings.
Lets do this properly and have a vote just on whether hunting should continue. Come on FKNK, put your money where your mouth is. Ask the government for this vote. Or if you think they deceived you, ask for a vote of no confidence on this issue. I bet again your few thousand votes would be drowned out.
Douglas Mathias
Sep 11th 2009, 18:10
this may be either poor journalism or my own failure to read the details in a previous article, but are these species of birds endangered through over-predation or not? Frankly, some actual (recent) data on bird numbers would be useful here.
Anthony Roberts
Sep 11th 2009, 15:22
I think we all know by now nobody will stay within the rules.
Johnny Xerri
Sep 11th 2009, 15:05
@ Chris Finch
The people already expressed their opinion in the 2003 referendum.
When they voted for a YES to europe the yes included hunting in spring derogated guarantee.
The people also expressed thier opinion when Edward Demicoli said that he would abolish hunting. Some majority he hardly garnished 1000 votes.
As for all the moaners, the bird directives truely says no to spring hunting if autumn hunting is an alternative. The court noticed that the alternative is not present in Malta. So yes we have a right to hunt, just like the bird directive states in article 9(a).
Why are you so extremists in not accepting this.
I respect the fact that their are bird lovers who dont want to hunt. Bird lovers should also rspect the fact that their are people who want to hunt. As long as hunting is done within the birdsdirective, no body has a right to object. Just like I have no right in imposing my hunting beliefs on others.
Just accept that we only deserve what we were promised and that the court ruling has confirmed that we have no alternative and only ruled agianst a badly applied derogation, not spirng hunting.
D.Caruana
Sep 11th 2009, 14:59
Go on Prime Minister,
Here's your chance to maybe win my vote back.
Show us that you are not an extremist. I am happy to content with what is legal. Unlike some usual bloggers here who would have it ONLY their way.
Edward Camilleri
Sep 11th 2009, 14:38
I agree with Chris Finch.
All this frenzy on opening the spring hunting season disgusts me, as if the end of the world is near. If FKNK and its members want to open the season then let them fight for it.
The issue of global warming barely raises a discussion in this country. The government should spend its resources were it counts, not to help in killing every living creature on these islands, but for conservation.
MARIO SALNITRO
Sep 11th 2009, 13:00
WANT TO BET WE WILL HUNT AGAIN IN SPRING???
I BET THAT EITHER NEXT YEAR OR THE YEAR AFTER WE WILL HUNT FOE 2 OR 3 WEEKS.
REMEMBER THE ELECTION IS JUST ROUND THE CORNER!!!!!!!!!!!!!!
MEDITATE GENTE MEDITATE.
Chris Finch
Sep 11th 2009, 12:48
Why is the government wasting time, effort and MONEY on something that the MAJORITY of people living here don't want?
If the Hunters want to press their case, let them pay for it and waste their own time.
Alternatively if the hunters and their lackey think they are in a strong position, lets have a referendum to see if hunting should be allowed to continue, not just in spring, but in the winter months too. I would bet a pound to an empty crisp packet that no hunter would want that vote as they would realise how fed up the rest of the population is with being woken up at 5am and not being able to enjoy public land all year round for fear of being intimidated and shot at.
E. Azzopardi
Sep 11th 2009, 11:57
No spring hunting means no spring hunting. Period.
What certain people said in the past, what they wrote and what they said on TV, does not count now it appears. The EU has overruled them and there is no way of turning back. At least we were not fined several millions because that would have very serious for Malta, especially at this time.
Let us concentrate on the country's priorities, like Health, Deficit, Cost of Living, Unemployement etc and not waste time, money and energy on this blessed subject. These are the realities. This country needs to get its priorities right. The majority know what these are.
But for some "Hope is eternal", I suppose.
Ray Galea
Sep 11th 2009, 10:59
Yesterday was a great day for Bird Conservation in Malta. Government, please stop confusing people. Spring Hunting is someting of the past now. To celebrate this great and timely day a new website about the beauty of LIVE birds of Malta has just been launched by two young keen birdwatchers and conservationists. Please take a look here:
http://www.birdinginmalta.com/
Joe Camilleri
Sep 11th 2009, 09:56
How come now that Birdlife welcomed the desision that spring hunting could be allowed and that autumn was not strictly an alternative to spring hunting when they had been harping over and over again ad naeuseum that spring hunting is not allowed under the birds directive and that the autumn season is an alternative for spring hunting.
Birdlife please note that last wednesday you issued a press release stressing the need to respect the European Court of Justice decision on spring hunting on Malta.
Hope you don't make another U-TURN.
Sylvana Zarb Darmanin
Sep 11th 2009, 09:49
Really, Mr/Ms T Mercieca? Is that what it means? Well, it might interest you to learn that the ECJ has confirmed that the autumn spring hunting season is not an alternative to the spring hunting season. Furthermore, the turtle-dove and quail are listed on the "least concern" list. These are two tools which the Government is expected to use in order to derogate for the Spring Hunting Season guaranteed in writing by Dr EFA, MIC as well as by Mr Verheugen himself during a TV programme.
Certain medicine is proving to be hard to swallow by some!!
udamico
Sep 11th 2009, 09:40
the decision was not NO SPRING Hunting. the decision was that the goverment of malta was wrong in allowing spring hunting between 2004 and 2007. it says nothing about future allowances. thats another case and thats where the hope is
t mercieca
Sep 11th 2009, 09:33
Either I do not understand or I am not reading properly, I think the ruling was NO SPRING HUNTING. "very limited hunting under strict controls" means NOTHING