Brussels puts its foot down on spring hunting

Brussels is today expected to announce the beginning of a second round of infringement procedures against Malta over spring hunting and will be asking the government to fully respect the European Court’s ruling on this issue if it wants to avoid stiff fines.

The Times has learnt the Commission yesterday decided to re-start infringement procedures against Malta, this time under article 260, which automatically leads to fines.

According to sources, Malta will be asked to change the framework legislation published by government last April, allowing a three-week season in spring when 25,000 turtle doves and quail could be hunted.

In its letter of formal notice, the Commission is expected to say that, although the new legislation has not yet been implemented, its provisions do not respect the spirit of the judgment given by the European Court of Justice in the case instituted by the Commission against Malta on the same issue in 2007.

The Commission will be giving Malta two months to react and make the necessary changes.

After a spring hunting ban of two years, pending the ECJ judgment on the matter, which was delivered in September 2009, the government last April decided to permit a restricted spring hunting season of just a week in which a total of 7,500 turtle doves and quails could be hunted.

Originally, the government intended giving hunters a three-week period and a limit of 25,000 birds to be taken during this season. However, the Commission objected and the government opted for a more restricted season to keep discussions open and avoid legal complications, which could have resulted in fines being imposed by the Court on Malta.

However, apart from putting in place legislation on the seven-day hunting season for 2010, the government also adopted a framework legislation under which spring hunting would possibly be allowed in future years, setting out a maximum allowable limit of 25,000 birds and a maximum hunting period of three weeks.

The Commission has now decided to challenge this framework legislation.

According to article 260 of the EU Treaty, the decision on a second referral to the Court of Justice must always be accompanied by a proposal for a penalty and/or lump sum payment. It is not yet known how much the Commission will be asking the ECJ to fine Malta.

According to the treaty, the calculation of the penalty payment is based on a method that takes into account the seriousness of the infringement, having regard to the importance of the rules breached and the impact of the infringement on general and particular interests, its duration and the member state’s ability to pay, with a view to ensuring that the penalty itself has a deterrent effect.

No government spokesman was available for comment on the issue yesterday.