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The hunting saga: Lest we forget

The spring hunting issue has now become a never-ending torturous saga, indeed a topic surrounded by uncertainty and bitter controversy. In the light of the European Commissioner’s recent threat to once again take Malta to the European Court of Justice, it will not be amiss to remind all of the salient events since the eve of Malta’s accession to the EU.

During the EU referendum campaign, many hunters felt that joining the EU was a great concern and to many a mental conflict as while from the political, economic and social aspect they favoured Malta becoming a member state, they were apprehensive of the future of their passionate hobby, in particular spring hunting. To many this is their only recreation.

The air was soon cleared of this uncertainty. The Malta-EU Information Centre (MIC), in its special edition of Aġġornat of October 2002 – Special Edition number 13, unequivocally publicly declared Malta had closed negotiations on the environment and, inter alia, stated: “Bird hunting will continue in spring.”

On February 5, 2008, Simon Busuttil, in reply to my letter of February 2, assured me MIC’s publication was truthful and based on, among other things, the official EU Common Position dated September 27, 2002 on the results of accession negotiations on the environment (CONF-M 110/02), which acknowledged it is indeed possible to use a derogation available in EU law to allow spring hunting under certain conditions and that Malta would be doing so after accession. He also added: “This was confirmed again by the European Commission in its announcement only last week.”

This guarantee was also confirmed by Prime Minister Eddie Fenech Adami who went as far as signing and mailing thousands of letters informing individual hunters that spring hunting will continue following accession.

The hunting federation, FKNK, still had reservations and warned that joining the EU would jeopardise the future of hunting in Malta. Frankly, I simply could not understand how FKNK could make such statements after the government’s clear and unambiguous assurances. I was wrong; FKNK were right.

Eventually, confronted with these facts, the European Commission that had brought Malta before the ECJ and Günter Verheugen, EU Commissioner for Enlargement during Malta’s negotiations, said they never gave any commitments. Mr Verheugen and other EU officials know very well that, if such statements were false, they should have shouted out in good time; as the saying goes, silence is consent. It is a pity that Malta’s accession, in my opinion a very important milestone in our history, was tainted with this lamentable comedy.

Following accession, spring hunting seasons opened from 2004 through to 2007. In February 2008, the commissioner decided to take Malta before the ECJ claiming it was in breach of the Birds Directive, basing its argument mainly on its contention that autumn provided a satisfactory alternative.

Notwithstanding the past declarations, all interested parties, including the Maltese government, FKNK and BirdLife agreed that the ECJ is the best place where this agonising matter should be settled. FKNK and BirdLife both declared the ECJ’s decision would be respected. In the meantime, until the ECJ was considering the case, the Maltese hunter was deprived of the 2008 and 2009 seasons. This year was marked by a pseudo opened season.

In September 2009, to the surprise of many, many who either know very little about the turtle dove or quail migration or who are very knowledgeable but have little faith in the ECJ, the Court held that the government of Malta improperly applied a derogation but did not dismiss Malta’s right to a derogation to allow spring hunting. More than that, the ECJ rejected the claim by the Commission that autumn is a satisfactory alternative.

However, notwithstanding statements and promises made prior to the announcement of the ECJ’s judgment, BirdLife, again, did not honour its promise to respect the ECJ’s decision and embarked on its usual campaign in an attempt to stop the Maltese government from applying the derogation within the parameters of article 9 (1) of Directive 79/409/ EEC. Worse than that, the Commissioner is now, again, threatening us with heavy fines.

Hats off to the government’s declaration that this is our right and that we will not be scared by the commissioner’s threats. The Maltese government is obliged to stand its ground to preserve our rights as full EU citizens. There were a number of negotiated derogations prior to accession; spring hunting is just one of them.

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Anthony Formosa

Nov 20th 2010, 16:55

It seems that a refreshing Spring early morning walk with one’s dog through the countryside, enjoying the sights and sounds nature blesses us with, is not suffice for those adamant to complement such tranquility with shotgun blasts, lead spraying and blood-stained lifeless feathered bodies – to the detriment of everyone else.

What a lovely Novel by J.Borg. Since when everyone decided to take their dog to the countryside instead of using the pavements, or is it that it is more dangerous being on the pavement rather than being showered by lead spraying or tripping on some blood stained bird. Come on J.Borg remove your imaginations.

Johnny Xerri

Nov 21st 2010, 10:03

Mr or Ms J Borg,

Using your line of thought, aren't the antis also trying t hold at ransom politicians....they even have a green party aimed at intimidating govternments to either adopt their policies or lose votes? However, what success did the green party or cadidates garnish? At most 2 euro cents worth of votes. So much so that government did not choose to gain votes by promising an end to spring hunting, but rather that hunting would continue.

I voted yes, in my country's best interest and my best interest. If that is the thanks I get, from now on I will not vote in my country's best interest....but only in my best intesrest.

As for your crusade against hunting....are you aware that no matter how much petty arguments you and your ilk presented, I was still hunting this spring....with a much larger game bag than the govt gave us? Yes thats it in a week I hunted 400 wood pigeons + other birds....of course if its done in the UK its no problem...only Malta is submissive enough to the antis and the Commission and ready to bow its head to electoral obligation.

Martin Frendo

Nov 20th 2010, 18:16

what other concern is there then???

Stop the senseless mud-throwing and concentrate on poacher-throwing out of the hunting community. Or is it you with an ulterior motive for having as many shotguns out in the countryside as possible???

M Debono

Nov 20th 2010, 11:31

@ MMB
Hunters can hunt in autumn each and every year and not every 4 years. Toqghodx tkabbarhom!

joseph lia

Nov 20th 2010, 12:57

Well said and throughout all this farce where does the traditional finch capturer stand?
Deprived of his civil right and privilage (as decreed by the ECJ) to exercise the indigenous way-of-life. The government keeps putting the spring hunting issue as priority, and as well it should, but why have the Maltese and Gozitan finch trappers been unceremonously and inexplicably deprived of, at least, a reasonable and well monitored autumn season?
Without going into the merits of other EU member states legally practicing this age-old custom, were is the alternative satisfactory solution for the finch-trapper? Wasn't this same dilettante guaranteed and assured as stated by Mr Rosso similarly to the hunters, by the very same authorities prior EU accession and beyond? And please STOP mixing captive breeding as an alternative for finch trapping, they are 2 completely different passions.

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