Ivan Camilleri, Brussels
Brussels puts its foot down on spring hunting
Calculation of penalty
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.
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Sylvana Zarb Darmanin
Oct 30th 2010, 16:48
C Said, "Is it, like, that hard to realize that people absolutely" love and enjoy hunting "because it involves" training your gun dogs, going out in the countryside, being one with nature, cultivating your land AND if you are lucky enough shoot at game which is later eaten?!
"Is it, like, that hard to realize that people" should be tolerant towards others' LEGAL pastime? Indeed, you might not like hunting BUT others do! Since NOBODY is above the law, your bickering will never stop a LEGAL PASTIME.
Finally, rest assured that hunting is not a pastime for Malta only! Therefore you are being disrespectful towards your own country when describing it as "backwards country we currently are". Shame and shame on you. Hunting is practised the world over and in Europe alone there are over 7 million hunters. It appears that you are "backward" not knowing these facts.
Sylvana Zarb Darmani8n
Oct 29th 2010, 10:48
Finchy, so now you are misquoting me to try to be sensible. Wherever did I write that there is nothing sensible on the FKNK forum?! If you wish to be considered as a gentleman, you are expected to apologise. Obviously, this you never do. Only true gentlemen do!
Meanwhile, keep on trying to stomach the fact that Spring Hunting is LEGAL after all and resort to sweeteners to boost up your morale!!
C. Said
Oct 30th 2010, 09:25
Is it, like, that hard to realize that people absolutely hate hunting because it involves shooting down a perfectly innocent bird? Or in Malta's case birds. It doesn't matter if it's legal or not, you shouldn't find it surprising that people find that sport absolutely abominating.
Hunting is wrong in every single way, the only reason it's still here is cause of what a backwards country we currently are. Thumbs up to the EU for actually doing something.
Gordon Bezzina
Oct 29th 2010, 09:09
The other side of the coin, is that a large number of people voted yes to the EU, because they believed that hunting will be curtailed.
Thanks Brussels
V Falzon
Oct 28th 2010, 22:27
The Courts should have banned spring hunting altogether, instead of leaving the door ajar for bird killers to keep hoping and asking for more. Isn't it enough that we lesser mortals get to suffer bang! bang! bang! for five whole months, and watch Rambos with attitude strut around our countryside as though they own it.
Still, good news. Yayyy!
Sylvana Zarb Darmanin
Oct 28th 2010, 19:24
"Seems that Autumn is a satisfactory alternative after all:"!!!! So now Chris Finch believes that he is above the law - actually above ECJ!!!!! When are we expected to read something sensible from you Sir!!
To all those jumping the gun, he who laughs last laughs best!! Your hateful and presumptuous comments against hunting will get you nowhere! To those depicting hunting as being practised only in Malta, you should realise that in Europe alone there are over 7million hunters and the Maltese hunters are no inferior!!
Chris Finch
Oct 29th 2010, 08:26
Sylvana,
I was quoting your beloved FKNK's forum site. Although you are right, there is very little that is sensible on there. Thanks for reminding us all.
Seems the pill is getting sweeter thanks to the EU.
Chris Finch
Oct 28th 2010, 18:11
Seems that Autumn is a satisfactory alternative after all:
"in 2008 the number of Quail shot that autumn equalled those shot the following spring, demonstrating that there are sufficient numbers of this species to shoot in autumn."
So the claims by the hunters that there aren't any birds around in Autumn prove to be more lies.
Hunters and the FKNK are losing credibility more and more every day. Keep shooting yourselves in the foot.
M. Cardona
Oct 28th 2010, 20:57
Mr Finch, 2008 quail autumn passage was a once in a lifetime exception. So by your same reasoning how about 2010 when turtle dove and quail passage in Autumn was non-existent? Doesn't that then not justify spring hunting?
Mark Piscopo
Oct 28th 2010, 16:23
In the Malta there is only one party who wins the elections. This is because the month before the general everything happens. People have not realized that we suffer for 4years and then we have a year of revilement but as soon as the general election is won again by the same party we have lots of taxes again.This is a very simple story which is repeated every five years. The majority of people complain, argue and then go to vote to the same party they always voted.
C Cassar
Oct 28th 2010, 16:23
Well, this is what Malta needs in many more areas, warnings and then big fines for not complying with what is only common sense. The country can't keep abusing the countryside and the environment as is has continued to do for many, many years. Finally, someone (the EU) has seen what Malta has been up to and it's now game over. What the Maltese keep failing to realise is that they need to stop thinkling so selfishly regarding the environment. It's not theirs to abuse, it's there for everyone.
All this talk about pulling out of the EU is quite pathetic. The enormous benefits of EU membership such as the millions of job opportunities across other EU states, the stability of the Euro (remember Iceland), the ceasing of sewage dumping at sea, ceasing of toxic dumps such as Mahtab, the free trade with other rich nations, the €100 millions that have come to Malta as a net gainer of funds, the access to top educational institutions, the list goes on and on. It's typical Maltese to whine about anything that doesn't go their way but conveniently forget all that has.
The Maltese have had it coming for years.
Fred Beach
Oct 29th 2010, 08:19
What happened to the 100,000,000 Euros,did they give it to Air Malta?
Jason Borg
Oct 28th 2010, 16:00
Iż-żejt dejjem tiela' f''wiċċ l-ilma.
U l-ħolm duħħan itir.
George Gauchi
Oct 28th 2010, 14:25
If Malta gets fined ,the government should charge all those who made the good deals with the EU like E.F.Adami,
http://kaccaturi.com/eddie.html
http://kaccaturi.com/simon.html
http://kaccaturi.com/joe.html
http://www.doi.gov.mt/en/press_releases/2005/05/pr0640.asp
bonello david
Oct 28th 2010, 13:24
How much i regret voting Yes in the Referendum so Malta will join EU. For sure if another fair referendum will take place, 75% of the maltese will want OUT of EU. These big bullies from Brussels, Demand and Tell us what to do. All this is THANKS to the Big lies and Misinformation the PN party preached. Bye Bye Indipendence Day and bye bye my family votes for PN party. One day people will put its foot down on the traitors!!!!
mario salnitro
Oct 28th 2010, 13:30
David too late for regrets!!!!
We all knew what would happen , but many people had horse blinkers on !!!!
In - nies il- kulur jaraw biss ghalhekk qedin fiex qedin
bonello david
Oct 29th 2010, 10:05
@ Mario Salnitro Yes i do regret voting Yes to join EU ,and im not afraid of admitting it. But you had horse blinkers as well cos you used to ride the same horse my friend. You voted for the PN party as much as i did. Thank god both of us now removed those horse blinkers. Don't forget that besides the PN supporters who voted to join EU, there were thousands of MLP supporters who did the same. So now that everybody regrets that we're in the EU, we should join forces and let Brussels know that WE WANT OUT.
Joseph Aquilina
Oct 28th 2010, 13:23
On the contrary to what some are saying, I personally believe that such fines should be paid by ALL OF US. It is us who go to vote for two political parties who do not care a thing about what the EU has to say and only care about a few thousand votes here, and a few thousand votes there. It is us who when the PM announced this solemn stupidity for the good of some (and at the detriment of so many) stayed put on our chairs and did nothing about it (inc. me). Next time we should be more reactive to such stupidity from those elected by us and we should make sure that our voice (and at this point interests) are counted as well.
Mark Galea
Oct 28th 2010, 12:02
VERY EASY SOLUTION - If malta is fined, then hunting licences must be increased to make up for the fine - I suggest that the fine will be split on hunting licences for the next 10 years. Also hunting contraventions fines should be increased so the extra revenue is set aside for when such fines are to be paid for. At least, that way, hunting would be SUSTAINABLE.
N.Cutajar
Oct 28th 2010, 11:38
By the way, how is the birdlife 'data protection act' infringement coming along?
m. caminzuli
Oct 28th 2010, 11:17
If Malta got Fined, the We (All Maltese) must wake up fight against these bullies as we did to get our idependece
David Ellul
Oct 28th 2010, 11:00
I am not a hunter but I think before Malta celebrates INDEPENDENCE think and question whether we are Independent or not.
Our rulers in Brussels are more concerned about the birds than human life!
How dare they impose fines on our Country (if it is ours) for shooting a few birds, when they murder millions of unborn children without a thought.
Take a look at statistics and watch western societies population dwindle, while others thrive.
God help us.
H Galea
Oct 28th 2010, 10:58
May I suggest that if Malta gets a FINE the hunters are to pay the Fine. After all it's their hobby and they inisted to open the season. Why should other citizens pay their FINE.
N. Pace
Oct 28th 2010, 11:54
I am in total agreement with you!
Johnny Xerri
Oct 28th 2010, 13:40
Hunters are expected to pay the fine cause they are enjoying hunting. Like wise the anits are expected to pay for the stolen vote because they are enjoying the bird protection
You see the problem is that government promised an EU with hunting, so now it must either pay the fines or do a retake. Anything else would be simple vote stealing.
Roderick Bajada
Oct 28th 2010, 10:27
@ Chris Finch.
I am not a hunter and do not like hunting at all! BUT
It should be the ministers, ex PM Fenech Adami and Current Prime Minister who should pay the fine from their own pockets, because thay are the ones who lied to Hunters and made them belive that nothing will change.
In this case the hunters have every right to complain!
Charles Sammut
Oct 28th 2010, 10:52
@ Rodrick Bajada
I have to disagree with you. If the bird shooters were gullible enough to believe all the hype fed to the electorate in the' Yes to the EU' referendum campaign, they deserve what they got. This applies to the rest of the sheeple as well.
A veritable case of jackasses worshiping jackals.
Chris Finch
Oct 28th 2010, 10:04
Will those hunters who habitually complain about collective punishments now step forward and offer to pay the fine so that the other 430,000 people who don't shoot birds are not punished for their 'socio-cultural tradition'?
Johnny Xerri
Oct 28th 2010, 13:39
Only if the people effected by the fine (your 430,000) are willing to pay an equivalent amount to my stolen vote. You see hunters are expected to pay the fine cause they are enjoying hunting. Like wise the anits are expected to pay for the stolen vote because they are enjoying the bird protection
You see the problem is that government promised an EU with hunting, so now it must either pay the fines or do a retake. Anything else would be simple vote stealing.
martin saliba
Oct 28th 2010, 20:55
How about people like you who voted for the eu paying the fines for us that opposed and still do. Please note that i dont care what any political party says or said , labour in this case , i was , am and unless convinced otherwise , against ful membership.