Ivan Camilleri, Brussels
Warning of fines for longer season
Government has to send report on outcome
Fines may be imposed on Malta if a three-week hunting season were to be opened, the European Commission has warned the government.
The Commission has made it clear it does not agree with a future three-week season, which is being sought by the government and the hunting lobby, as it does not consider it to be in line with last year's European Court judgement.
A senior Commission official in Brussels said yesterday the government had been notified of its position, although the Commission was not objecting to the opening of a six-day season "as long as all the conditions are respected".
Contacted by The Times, the government last night would not confirm nor deny that it had received the Commission's warning.
Before announcing the opening of this year's hunting season, the government had admitted it had failed to reach agreement with the Commission on the recommendation of the Ornis committee to allow a 20-day hunting season. Despite various meetings in Brussels over the past months, the Commission continued to resist this proposal.
Its reservations, the official said, were sustained when its experts analysed a legal notice published by the government at the beginning of the month preparing the ground to implement Ornis' original recommendation.
The initial analysis by the Commission (of legal notice 221 of 2010) revealed concerns regarding its compliance with the provisions of the ECJ judgment.
Therefore, following in-depth evaluation, the possibility of launching legal action under Article 260 of the Treaty could not be excluded, the official said.
"In other words, if Malta allowed the hunting season the government was seeking, the island would have ended up in front of the ECJ again and this time hefty fines would have possibly been imposed," he added.
On the other hand, although the Commission has already said the second option chosen by the government - to allow a six-day season opening on Saturday - was acceptable "in principle", this all depended on the enforcement of all its provisions.
In this context, he said the EU executive had already requested that the government send - not later than four weeks after the closure of the 2010 season - a detailed report on the outcome, notably on the enforcement and controls put in practice and their results.
"The Commission has already said that opening the 2010 spring hunting season appears to comply with the requirements of the ECJ judgment," the official said.
"However, it is essential to strictly control spring hunting and effectively enforce all the conditions and restrictions set out in the legislation, in particular with regard to the duration of the hunting season, number of hunting licences and the number of birds to be hunted," the official stressed.
The government's decision to open a restricted six-day hunting season has been criticised by both the pro-hunting and anti-hunting lobbies, with the former accusing the government it is too short and the latter insisting it goes against EU laws.
The hunters' federation, which earlier this week demanded the immediate opening of the spring season, has said it is seeking legal advice about the government's "discriminatory" decision, as only 2,500 hunting licences are on offer. It has not ruled out holding street protests.
The Labour Party has held talks with the federation, FKNK, and declared it agreed with opening a 20-day hunting season.
This year's season runs between Saturday and April 30 and is the first to be held in the past three years, as hunting was not allowed in 2008 and 2009 due to the pending court case instituted by the Commission. However, a hunters' boycott means only a handful have applied for the special licence.
According to the EU Birds Directive, hunting is not permitted during spring. However, last year the ECJ ruled autumn hunting was not a suitable alternative to spring hunting, leaving the door ajar for a limited season.
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23 Comments
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Antoine Vella
Apr 23rd 2010, 08:28
It is very well-known and accepted by everyone that hunters in their droves voted against Malta's EU membership and later voted for the MLP, so please don't give us any bull about your vote being "stolen".
D.Mallia
Apr 23rd 2010, 10:48
Dear Antoine,
Believe me you are WRONG on this ! :) go ask PN politicians and see the people they convinced to vote EU & then PN...but this was the Last straw !! Bye Bye PN
X-PN
Johnny Xerri
Apr 22nd 2010, 21:24
For all those wanting the hunters to fork out the fine I say no problem.
I will pay the fine, in return of my vote, i.e. if I have to pay my share of the fine and this amounts to €xxx then I will sell you my vote for the same €xxx
OOPS I CANNOT DO THAT MY VOTE HAS ALREADY BEEN STOLEN.
THE EU DOES NOT WANT US TO HUNT THEN WE EITHER INCURE THE FINE OR WE REDO THE REFERENDUM.
GIVE US WHAT WE WERE PROMISED PINOCCHIO
MALTA DID NOT NEED A REFERENDUM IN 2003, PN COULD HAVE JUST GOT US IN WHETHER WE WANTED OR NOT, SINCE IT DOES NOT WANT TO LIVE UP TO ITS OBLIGATIONS.
Why spend money in a referendum campaign when then the same referendum guarantees will not be honoured. PN would have saved a lot of hassle and money if they just did an election based on the truth.
As it is we are whether you like it or not living in a dictatorship era, and our beloved PN will always be remembered as the traitors of their own citizens and as dictators.
The thanks I got for voting yes
P Agius
Apr 22nd 2010, 22:35
Seems there are a lot of people fond of illegal deeds here.... Beating people up, shooting at cars, throwing bricks ... and now even try to sell votes !!! Do you know that selling votes is illegal?
M.Bonnici
Apr 22nd 2010, 23:24
what a strange coincidence guess what? I also voted yes for EU because amongst a hundred other issues i figured out that hunting would eventually end, & I didn't need to hear it from any politicians.
So you must have either ticked the wrong box or you were too busy hearing FKNK parroting to it's members what it heard on tv instead of conducting it's own research in order to keep it's subscriptions coming in.
If you believe in Pinocchio then it's little wonder you found yourself living in a fairy tale.
Now try the PL Magic Pony Carousel for an even better ride.
c. hansel
Apr 23rd 2010, 08:26
you are funny when it comes to collect money from they EU you are all happy to take it, but when it comes to go in line with EU regulations you start whining. You cant get both either you take and give or nothing back to old Mintoff times then-> no colour tv, no chocolate, no luxury etc etc.
Please leave the EU and pay all the money back to them you collected then we'll see how Malta will do by its self... it wont be nice I can tell you already...
Antoine Vella
Apr 22nd 2010, 20:23
Paul A. Camilleri(
The ECJ did not say that you can hunt in spring. It said that autumn is not a good alternative which means that Maltese hunters do not have any good hunting season throughout the year. Tough.
Sylvana Zarb Darmanin
Apr 22nd 2010, 19:37
1. Prior to the EU Accession Referendum, we had Gunther Verheugen confirming on Xarabank that Spring Hunting will not be effected once we join the EU.
2. Once Malta was in, we had the EU stating that Spring Hunting is illegal and took Malta to the ECJ.
CONSISTENCY INDEED.
3. Contrary to the EU's expections, the ECJ provided Malta with the necessary tools for the opening of the Spring Hunting Season.
4. Unbelievable but true, our Prime Ministers goes begging on its knees to the EU - THE OPPOSING PARTY IN THE COURT CASE - for discussions regarding the Spring Hunting Season.
It must also be noted, that even before the past ECJ Court Case, the EU used scaremongering tactics against Malta. Unfortunately, we have boot-lickers who try to please the EU to the detriment of the Maltese citizens. Well, the time will come when the tables will turn and it would have to be the EU who boot-lick the Maltese. True Maltese citizens will not allow anyone to lead them by the nose!
P Agius
Apr 22nd 2010, 22:40
Sylvana, you must have read the derogation rules yourself and not relying blindly on someone else. Remember, ignorance is never an excuse.... Anyone with some grey matter in his head would have realised that what you're saying is impossible.
Carmel Cilia
Apr 22nd 2010, 18:46
Why did this privilaged gentlmen from Brussels had to quote what the commission so conveniently has decreed now. Why did'nt he mention the promises made by the then maltese prime minister to the hunter's lobby before the E.U Referendum. Il-Malta jghid il-giddieb hajtu qasira u missirijietna kienu jafu sew il hajja. Ir rota daret dawra mejt hbieb.
Andrew Gatt
Apr 22nd 2010, 18:26
The Governmemt overrules the Ornis Committee (again!) and gives us an even more pathetic Spring Hunting season than this scientific body recommended. The bag limits in particular are even LESS than the unsuitable Autumn season!
The Government tells us....be good children and accept this farce of a 3 full-day season for 25% of hunters, so that next year we'll give you 3 weeks.
The EU then bites back and says that 3 weeks are not acceptable.
Looks like GONZIPNOCCHIO STRIKES AGAIN.
Roderick Micallef
Apr 22nd 2010, 18:00
This was of course inevitable and there were no doubts that the European Commission would have issued this warning, however there are solutions of course which are :-
Choice 1, The Government accepts and obeys the European Commission (which is after all the club that this government has insisted so much to join at any cost) and if need be this Government or any other Government if it comes to that needs to take action (if need be drastic) to stop hunters hunting illegally, one way would be to impose heavy fines or even prison terms on who ever is caught hunting illegally on top of having his weapon/s & licence confiscated for good (it will also be a good way to decrease the number of registered weapons in circulation)
Choice 2, The Government needs to confirm how much is the fine by the European Commission and that amount (or more) is to be collected by all hunters that wish to participate in this hunting season, at least this will make sure that tax payers don't incur costs on behalf of these avid hunters (of course this will still not explain the massacre of thousands of innocent birds).
Your choice!
jf bartolo snr
Apr 22nd 2010, 14:11
I thought we had a country, why is it that everyone is dictating to us what to do and not to do in our country. My advice is PULL OUT now.and tell these bureaucrats to stick their policies where the monkey put the peanuts. What a cheek imposing and threathing us with fines if we don't bow down to their demands.
Barrie Smith
Apr 22nd 2010, 19:29
I just love your style Mr.Bartolo, you said it all man good on you mate, after all the Eu is means nothing to me i'm an Australian citizen.
Paul A. Camilleri
Apr 22nd 2010, 14:03
@ P. Agius
It seems that you are either reading CHINESE or LATIN. In my written opinion I said that we should all stick to what the ECJ has ruled.!! THAT WE CAN HUNT IN SPRING. Fimta issa?
At least it's good to know that you are a law abiding person. If the ruling was to the contrary, we would have shut up and taken different measures, like calling the REFERENDUM NULL AND VOID. Got the point?
P Agius
Apr 22nd 2010, 22:32
It seems that you may read anything but English. Read again "Fines may be imposed on Malta if a three-week hunting season were to be opened" .. git it now. Do you need a translation?
Paul A. Camilleri
Apr 22nd 2010, 12:39
The Government needs to stop consulting with the Commission and stop bowing it's head as if our country is at it's mercy. If needs be, the Maltese Government goes back to the ECJ and reaffirm it's position. We as hunters are being driven up the wall with all this TIT TAT.
With regards FKNK, there is still a way to confirm that what ORNIS recommended to the Government can be applied, if not , then FKNK has all the right to go back to the ECJ and ask them to order the Government to abide by the courts decision and carry out the ruling without further delay. With regards the bag limit, the Government has given us less than what we catch in September. This will obviously work against us, as the Commission will tell us that we caught more game in September than in April. In Gods's name, man, who is advising the Government with these ridiculas moves? Has everyone gone blind? The Math mentioned above is WRONG. Days are passing quick and the more our Politicians drag their feet, the more hatered they instill. Gonzi should open 3 weeks immedietely!!!!!!!
j.zammit
Apr 22nd 2010, 13:40
The FKNK should pull up its socks and start self regulating as its supposed to be doing
P Agius
Apr 22nd 2010, 13:46
When you hunters put up a bank guarantee equivalent to the fines the EU may impose on the Maltese people, then the government may do what you're telling him. If you're not ready to fork out the money, how do you expect me and the other to fork them out for you. And don't try to justify this by comparing to the remote possibility of fines on power station - the power station is for everyone while hunting is just for those few who prefer dead birds rather than alive !!!! So .... we're waiting the FKNK to start collecting the money to put as bank guarantee, otherwise please stick to the EU decision ...
Anthony Formosa
Apr 22nd 2010, 13:57
Mr Agius, Our bank guarantee was the hunters and trappers vote, if there was no guarantee there would be no EU to speak about. Can the hunters / trappers have their vote back?
http://www.youtube.com/watch?v=3iRNln1D7fs
M.Bonnici
Apr 22nd 2010, 14:49
''The Government needs to stop consulting with the Commission and stop bowing it's head as if our country is at it's mercy.''
Prosit ghalik ...but you expect the government & absolute majority to bow their heads to hunters & have our country at your mercy instead ??
Laqwa zero tolerance tal FKNK ...nahseb imlew xi erba kotba kaccaturi ilegali sissa.
Wilfred L Camilleri
Apr 22nd 2010, 16:18
The FKNK is wrong and even worst, the Labour Party is wrong. It seems the Labour Party will do anything for a few extra votes but the leaders of the Labour Party should keep in mind that the majority of the Maltese people oppose hunting. The Labour Party harps about the government wasting money and then they want the government to be liable for huge fines to placate a few of their members! And if you're going to invoke God's Name please invoke It for something that's beneficial to humanity not the killing of birds for pleasure!
Anthony Formosa
Apr 22nd 2010, 12:35
According to the EU Birds Directive, hunting is not permitted during spring. However, last year the ECJ ruled autumn hunting was not a suitable alternative to spring hunting, leaving the door ajar for a limited season.
Many other EU countries hunt in spring, we all new long time ago that autumn was not an alternative for spring and it was BLM that kept insisting that autumn was satisfactory, which eventually lead us in court. The government must hold a firm stand to what was agreed before the EU referendum or else it's null and void.