BirdLife Malta and its criticism of ECJ decision

The joint statement issued by BirdLife International (with which BirdLife Malta is affiliated) and FACE (the EU hunting body of which the FKNK is a member) states: "In advance of the ruling of the European Court of Justice in Case C-76/08 on spring hunting of Turtle Dove (Streptopelia turtur) and Common Quail (Coturnix coturnix) in Malta, we the undersigned state that we will respect the ruling of the court and we call upon all parties and individuals to do the same."

In spite of this agreement, BirdLife Malta attempts to criticise the decision of the European Court of Justice and refers to a statement by Kaċċaturi San Ubertu (KSU) about the worthlessness of the hunters' bag count as scientific evidence.

While taking into account that the carnet de chasse figures may not reflect reality with scientific precision, the European Court of Justice decided that autumn hunting for turtle dove and quail does not constitute a "satisfactory solution" to hunting these birds in spring.

When carnet de chasse data is found to be admissible in a court of law, the KSU's suggestion that such data ought to be verified gains more credence, as it would be extremely difficult for it to be discredited by anyone, and BirdLife Malta in particular. BirdLife Malta had refused to participate in a government-commissioned two-year scientific study conducted specifically to observe and compare spring migration to that of autumn. BLM even termed the exercise as "rubbish". Participating with hunters despite being monitored by an independent government-appointed biologist was not acceptable to BirdLife, as obviously they anticipated the completed exercise would expose their exaggerations (which it did).

The ECJ also ruled that future derogation for spring hunting is possible under specific conditions. This notwithstanding, and although BLM had agreed in 2003 on the use of a derogation, BirdLife is now again attempting to scare the Maltese government should it decide to exercise its right to apply a derogation.

According to them: "Any present or future government that risks Malta facing another case at the European Court of Justice on the issue of spring hunting, at the expense of Maltese tax payers and the country's reputation, would have a lot to explain to the country."

Clearly BirdLife Malta want things only their way and ignore what BirdLife International agreed to, namely "to exercise restraint and to avoid any escalation". It seems they never learn.