Kurt Sansone and Ivan Camilleri
'Only government can decide'
Brussels "does not intend" to tell government whether it should open the spring hunting season or not as "at the end of the day, the decision would have to be taken solely by the Maltese authorities", a European Commission official has told The Times.
He confirmed that talks between the two sides were taking place but they were only "consultative discussions".
Commission sources said Malta, which had been dragged to the European Court of Justice over spring hunting, was trying to find an informal compromise with Brussels before giving any go-ahead for the next season to open. The intention was "to avoid future complications".
But the sources said that "if Malta decides to apply the derogation it will have until November 2011 to justify it through a detailed report". Only then would the Commission be prepared to take a position: "Our role would be to monitor what really happens on the ground and draw our own conclusions."
Hunters are anxious about the fate of this year's spring hunting season since the Prime Minister has not yet acted on a recommendation by the Ornis Committee to open a limited one.
Speaking on TVM programme Dissett on March 23, Lawrence Gonzi said he wanted to make sure Malta would not end up once again being taken to the ECJ for opening the spring hunting season and he was trying to achieve this "in agreement with the EU".
However, Hunters' Federation Secretary Lino Farrugia yesterday insisted Dr Gonzi was only "playing with words".
"The Commission will never give a formal and official reply to whether the Ornis proposal for a limited spring hunting season will breach the Birds Directive. It is the government that has to apply the derogation and then justify it later. If the Commission is satisfied with the justification no legal proceedings will be taken against Malta," Mr Farrugia said, calling on the Prime Minister not to delay the opening of the season any further.
The hunters are in agreement with BirdLife Malta here, which has been insisting all the way that the decision on the future of spring hunting is the government's alone to make. In fact, the conservation group has accused the Prime Minister of trying to pass the buck to the Commission by arguing that it is trying to reach an agreement before a decision is taken.
The ECJ had ruled against Malta in a case over spring hunting brought by Brussels but it conceded that the autumn season, in principle, did not really offer an alternative to spring. The government has interpreted this as an opportunity to explore "very limited hunting, under strict controls".
Replying to a question tabled by Finnish MEP Sari Essayah, EU Environment Commissioner Janez Poticnik pointed out that the ECJ ruling did not exclude the future possibility of opening a limited and strictly supervised spring hunting season in Malta, provided that it respected all the relevant conditions of the law.
However, he also said that the Commission was monitoring the situation closely. "If Malta adopted a derogation permitting spring hunting which does not comply with the requirements of the directive and the court ruling, the Commission would take the next appropriate legal steps..."
Should the government face a second round of court proceedings, Malta might end up having to pay fines. This would be the next step in the EU legal process once the first case instituted by the Commission in 2007 had ruled that the Birds Directive was breached when Malta allowed spring hunting for three consecutive years after 2004.
The Ornis Committee's recommendation is that hunting should be allowed this spring from April 10 to 30 on condition that only 22,298 turtle doves and 10,837 quails are shot.
Brussels sources said that following the Ornis announcement, the Commission was being put under intense pressure, particularly from some MEPs and the anti-hunting lobby groups, such as BirdLife International.
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G.Debono
Apr 5th 2010, 17:58
@Johnny Xerri
You know what is funny Mr. Scerri - that I had that same article at hand when I challenged you to write where Mr. Demicoli said that he is going for MEP against hunting only. You know what Mr. Scerri - if you'd care to read your own evidence - you'd safe face for yourself before actually going public. In that article Mr. Demicoli says...
1-His staff in the EP would include a person dedicated to facilitating, informing and guiding sectors needing assistance
2-He would also work for Malta to use its funds in the best possible manner.
3-Development, environment, air, beaches
4-Against spring hunting (note spring only)
5-NGOs
Mr. Xerri - need I say more that you failed my challenge completely with the same evidence you provided? Am I getting through in English about what the challenge was about - ghax ma nahsibx!
As for the votes - sorry you don't understand what substantiating your assertions means about hunters votes.
@Ms. Darmanin - we are quite familier with your approach now - when your arguments are "shot" down - you just resort to dawra durella (nuna school) arguments.
Sylvana Zarb Darmanin
Apr 3rd 2010, 18:25
G Debono, having exposed your banalities, you are now trying to turn them on me. Maybe you should re-read our comments below. This will enlighten you as to who is actually "fis-skola tan-nuna"!!
Johnny Xerri
Apr 3rd 2010, 18:04
@ G Debono,
Since you ask here it comes:
http://www.timesofmalta.com/articles/view/20090110/local/edward-demicoli-launches-campaign
Mr Demicoli said that the environment was very important for him and he would work to ensure that no new development was carried out in outside development zones and against hunting in spring.
As for the other untruths, I apologise for:
1 Claiming that hunters votes were crucial in the 2003 referendum. It true they were so unimportant that Dr Eddie Fenech Adami and PN + MIC never mentioned a derogation.
2. All the candidates&parties that were in favour of a hunting ban made it to parliament including Alternativa Democratica & Mr Demicoli. My mistake.
3. Dr John Attard Montaldo never mentioned that he would defend the hunters case if elected, and the antis never said that John Attard Montaldo would not be elected because the majority does want a hunting ban.
I must have been living in a different country,
as for your 'and the whole collective, insomma' please note that hunters do for part of the collective and if the manifesto included parts directed at a hunters section of the collective that party is obliged honour the manifesto in full and not respect only part of the collective
Johnny Xerri
Apr 3rd 2010, 10:54
@ G Debono,
Qoute 'Anti hunting? Sorry, I dont recall candidates coming up on the anti hunting premise only.'
What short memory....you antis must have a really depressing effect on who fights for your cause. Not only did you not vote for Mr Demicoli, but you fail to acknowledge that he was the MEP that stated that if elected he would work to eradicate spring hunting. That was his only agenda (or at least the one he promoted most).
LOL miskin Demicoli not only 'minsi' during the vote, but totally ignored afterwords.
Fact remains that the hunters vote was required in the referendum, otherwise we would not have been promised a derogation.
Fact remains that any party/candidate that oppose hunting never make it.
Time will tell if the season will be opened, & time will tell the repercussions on the party that fails to open the season.
Hadd wara hadd tasal ta kullhadd, it would be better for Gonzi PN to honour the obligations entered into during 2003 and 2008 elections (for now he has no excuse, Ornis recommanded, ECJ opened the door, Commission acknowledged the possibility for a limited season) for he cannot afford to lose 1 single vote.
G.Debono
Apr 3rd 2010, 11:18
Many words - but still no proof with a reasonable confidence that the candidates were elected by the hunting cause, and that they would not have been elected if there wasn't, as you claim, the hunters vote.
I much subscribe to the idea that they were elected by the nuns, the vicars, the lay, the environmentalists, the prostitutes, the liers, the soldiers and the whole collective, insomma.
But still - if you want to believe in the hunting movement - you just missed the boat when you had a candidate specifically for that, and YOU (the hunters) did not vote him in.
I challenge you to prove that Mr. Demicoli's stand for election was solely against hunting only. It will help your credibility, now that you have alledged so many untruths.
Sylvana Zarb Darmanin
Apr 2nd 2010, 21:53
G Debono, what poor reasoning is that? The hunter's candidate had obtained much more votes than Mr Edward Demicoli. Secondly, at that time, hunters were being given guarantees that Spring Hunting will not be effected - quite a deceitful promise I must say! Nowhere in my comment have I mentioned "a candidate" but CANDIDATES!
Finally, can you please enlighten readers with the name of the candidate who made it to the European Parliament on anti-hunting grounds only?!!!
G.Debono
Apr 3rd 2010, 00:05
You need to learn to read my points first (before resorting to writing) then quote me - ghax ma fhimt xejn Darmanin.
No hunter can claim that s/he has a candidate anywhere becuase there is no inference between the cause of hunters and the multitude of causes candidates were elected as MEPs.
No hunter was ever elected as MEP - notwithstanding the number of votes. Issa jekk ghadek fis-skola tan-nuna u ser noqghodu nqablu l-voti meta l-voti ma jiswewx karlin ghax ma jsarfu f'xejn - kompli kif thossok tajjeb.
Anti hunting? Sorry, I dont recall candidates coming up on the anti hunting premise only.
P.Spiteri
Apr 2nd 2010, 11:14
QUOTE
Both killing of birds and fines concern not only me, but the vast majority of the citizens.
I would think that the vast majority has much more concerns on its mind than your obsessions. The coming of the Pope for example thas taken care of our roads ...or at least some of them because tarmac has reappeared out of the blue MIRACLES still happen.
Paying through our noses for everything from petrol to cars and food health and any kind of service water/electricity comes to mind VAT TAX TAX TAX ADDITIONAL CHARGE etc etc...
I cannot believe you people have'nt anything of real concern to complain about.
The SPRING MIGRATION. it is SPRING..HELLO,IS HERE NOW. how come we never hear of ,not one or two bird sighting but a few hundred or maybe a few thousand .[the great flyway must be closed for maintanance . visit Birdlife sites or even our Hunting site on the pc and you only read of a few pathetic number of sightings when the spring migration is already in full swing.[elsewhere]
BOTTOM LINE
YOU SHOULD WORRY ABOUT MORE IMPORTANT THINGS THAN HUNTING
GROW UP
Ray Buhagiar
Apr 2nd 2010, 11:53
110% agreed
E. Azzopardi
Apr 2nd 2010, 01:35
Mr Anthony Formosa
How right you are! You can take the horse to the water but you cannot make it drink.
Yes, God help us, please.
Sylvana Zarb Darmanin
Apr 1st 2010, 22:38
The anti's should refrain from further claims that the majority is against hunting. The have had enough proof that such statement is non-factual, i.e.
- AD never made it to Parliament;
- the votes obtained by Edward Demicoli's after declaring his anti-hunting agenda;
- the votes obtained by MEP candidates declaring themselves in favour of hunting;
- the 122,000 signatures for BLM's petition representing 0.01% of Europe's population;
- Non-hunters like myself who defend the hunters' rights.
Dr Gonzi is expected to stop dragging his feet and hiding behind the EU. Hunters, their families and many others are watching and waiting to see him implement what he has promised, use the tools provided by the ECJ, keep in mind the EU's confirmation that Spring Hunting is possible for Malta, and give the Maltese hunters their right to enjoy the Spring Hunting Season within the parameters of the law! Anything else will be in breach of a true democracy! Dr Gonzi deliver what you have guaranteed!!
G.Debono
Apr 2nd 2010, 12:37
Ms. Zarb Darmanin
AD has not made it to parliament - that is true. The AD however is not making its point on one item, as the Hunters do. It would have been far easier for them had the situation been so.
Unfortunately for your argument - the hunters never made it to the EU parliament as well. They tried, and failed.
To claim that another candidate made it, on the hunting premise is flawed. That Labour candidate might have made it there on a trillion and one of other reasons and nothing related to hunting as you wrongly claim. There is not scientific proof of what you say. You can only claim what you claimed if a hunting (independent from other parties) candidate got elected on hunting grounds only.
S Mizzi
Apr 1st 2010, 19:19
Peter Green, one elementary solution isnt there my dear Watson, make a police report. Same as you would do if you witnessed somebody stealing, or vandalising etc etc.
Andrew Gatt
Apr 1st 2010, 17:56
The oh-so-saintly EU applies OVER 3500 DEROGATIONS each year. We are asking for just 2 and targeting just 2 species of game birds.
After all the pre-EU referendum promises, after all the guarantees and after the ECJ Judgement conceding that Autumn is not a satisfactory alternative, Government is morally and legally bound to open a limited season for the taking of quail and turtle dove.
What's the big deal anyway. We are the only EU country without resident game. We depend on unreliable migratory patterns since we are 150km away from the nearest flyway. The species involved are prolific and non-endangered.
May I remind this Government that it also promised us that NOTHING WOULD CHANGE! This is already far from the LIMITED reality being considered. So come on and let's see a "par idejn sodi", Dr Gonzi. Honour your party's commitments and stop allowing this country to be led by the nose by the anti-all-hunting-all-the-time extremists.
Peter Green
Apr 1st 2010, 17:34
Currently While holidaying in beautiful Gozo I could see many birds trapping nets on the ground. So illegal bird trapping is still rampant in Gozo. I am totally baffled how the government will impose strict hunting rules when such illegalities are still rampant.
E. Azzopardi
Apr 1st 2010, 17:10
Mr Anthony Formosa
I cannot believe that you are paying taxes so that you, as a hunter, will see them going up in smoke as "fines". Then we all complain about the roads for example. If that is the case, then God help this country.
Both killing of birds and fines concern not only me, but the vast majority of the citizens. You know this well enough. So if we do not have any spring hunting, birds will not be slaughtered and there will be no fines. You know how the saying goes "Killing two birds with one stone" !!!!
Anthony Formosa
Apr 1st 2010, 18:39
Which vast majority? the 122,000 from around the world? And you mean if there are no humans, animals will not be slaughtered for our consumption, then let's ask your vast majority if they can turn to vegetarians shall we? You know how the saying goes, you can take the donkey to the water but you cannot make him drink.
E. Azzopardi
Apr 1st 2010, 15:46
How clever!! Prosit. It is the government which has to apply the derogation and justify it later.
IF and a BIG IF, the Commission is satisfied with the justification, there will be no fines.
And if the Commission is not satisified ( and the majority are convinced it will not be) then what happens Mr Farrugia.? We all know what will happen. And who is going to pay for your pastime and pleasure? The FKNK ?
It cannot be clearer. It is our hands now. We know that we are no able to satisfy the conditions they are telling us. We ALL know that. Let us not kid ourselves.
Even the majority are anxious to see what is going to happen. But the majority is not only seeing up to their noses, but beyond that. Hunters are anxious to see if they will be able to hunt in April. Period,.They are not really concerned what happens after if we are found guilty.
As long as we can hunt in spring, imbaghat naraw!!!!! Excellent reasoning indeed.
Anthony Formosa
Apr 1st 2010, 16:43
E Azzopardi, I can see that your concern like many others are not the birds as such, but the illusion of hefty fines from our big brothers. Mr Azzopardi I've been paying taxes so that the government will pay / refund, unemployed, hotel subsidies, people who suffered political discrimination or abuses, land, illegal immigrants, single mothers, etc. etc., furthermore for the last two years I'm paying the same amount for the hunting licence including and being deprived from hunting. UK apply more than a thousand derogations on hunting and never paid a penny, so why you are so negative? However if you are so concerned about your money ask BLM where the EU funds are ending up, or these are not from your taxes?
Anthony Roberts
Apr 1st 2010, 14:40
My goodness, the joy of Spring which is the symbol of new life and new beginnings is destroyed by killing innocent birds.
C Attard
Apr 1st 2010, 14:29
I'am 50 years old retiring,and moving to Malta for this reason (hunting).Gonzi please don't disappoint me?
S Mizzi
Apr 1st 2010, 14:03
"The Commission will never give a formal and official reply to whether the Ornis proposal for a limited spring hunting season will breach the Birds Directive. It is the government that has to apply the derogation and then justify it later. If the Commission is satisfied with the justification no legal proceedings will be taken against Malta"
So, is this what happens in the case of, for example, the UK? The Commission would have us believe that the British Govt first applies the HUNDREDS of derogations annually and then justifies them later?
What is this? Another chess move? The commission doesn't pronounce itself so the govt then opens the season and a new court case instituted, the result of which will spell the end to Spring Hunting?
Edward Camilleri
Apr 1st 2010, 13:25
Dr. Gonzi is doing the right thing and checking with the EU. We do not want another case against us because of the disgusting hobby of a few.
@Hunters' Federation Secretary Lino Farrugia yesterday insisted Dr Gonzi was only "playing with words".
It is Mr. Lino Farrugia who is playing with words, by saying on multiple occasions that some hunters/trappers have committed suicide or are desperate. If so these people should never be allowed to hold a gun.
Anthony Formosa
Apr 1st 2010, 13:04
The government is duty bound to open the spring hunting season as promised in his electoral and as agreed during the EU negotiations which eventually were approved by G Verhuegen. http://www.youtube.com/watch?v=3iRNln1D7fs
@ J.Borg,
Change your tune because you're making everyone sick. The referendum is over, hunting and trapping were part of the package, and you should have challenged that before not now. In the last MEPs election you and your likes had the chance again to opt Mr Demicoli, however from the overwhelming majority Mr Demicoli did not exceed 1500 votes. Another defeat was by BLM who managed to collect ONLY 122,000 signatures from around the world, that is 25% of the Maltese population. AD the party against hunting, was facing humiliation one after the other. J.Borg, instead of complaining here, go and enjoy the public countryside and watch the millions of birds flying over Malta before the hunting season starts.
j cutajar
Apr 1st 2010, 15:04
The hunting season in Malta never stopped, we have all the time in the world to enjoy spring because it looks like there won't be any hunting.
Next time you vote in a referendum learn how to read between the lines.
joe scerri
Apr 1st 2010, 12:55
"It is the government that has to apply the derogation and then justify it later. If the Commission is satisfied with the justification no legal proceedings will be taken against Malta"
And if the commission is not satisfied what then? Why can't Brussels decide before if it is justifed or not.?
Paul Barrett
Apr 1st 2010, 11:51
The Commission is being totally unhelpful and indeed blatantly bureaucratically stupid. The Government has quite rightly gone to the Commission with definite proposals requesting guidance to ensure that they will not end up in Court and all the Commission can do is say it is up to the Government.
EU at it's worst, totally frustrating for the Government, Hunters and Bird Watchers.
J. Borg
Apr 1st 2010, 11:04
Since FKNK is maintaining that whoever voted Yes in the EU Referendum - is also in favour of hunting & trapping.....
it is about time call a specific national referendum and let the public pronouce itself...... as this saga and these charades have been ongoing for far too long!
Chris Finch
Apr 1st 2010, 10:59
Who is this mysterious EC official?