The EU Commission has refuted claims that a deal was struck with the government on a spring hunting derogation, in a letter to Birdlife Malta.
A spokesman for Environment Commissioner Janez Potocnik told Birdlife that although the Commission welcomed the changes to the framework legislation allowing spring hunting, it did not mean that Brussels came to “any agreement” or reached “any deal” with the government.
The correspondence was published yesterday by Birdlife after Prime Minister Lawrence Gonzi said last week that Malta reached an agreement with the Commission on the framework legislation that would regulate the spring hunting derogation.
Dr Gonzi’s remark was repeated on Friday in a government statement officially announcing the dates of this year’s spring hunting season.
The government’s stand was also criticised by Alternattiva Demokratika.
However, reacting to the criticism the government yesterday said Birdlife and AD were only interested in understanding what suited them.
The government statement pointed out that in the letter circulated by Birdlife the Commission spokesman himself said Brussels had welcomed the framework legislation that allowed spring hunting.
“The Prime Minister never said there was an agreement on a particular derogation. On the contrary, he said that the details of the derogation would change depending on the conditions in that particular year,” the government said.
The statement also pointed out that Dr Gonzi warned in Parliament that unless hunters cooperated to ensure that regulations were adhered to strictly, the right to hunt in spring could be lost.
The issue revolves around the use of the term ‘agreement’ since technically no such agreement on spring hunting could have been reached.
The Commission approved the new framework legislation that allows spring hunting for 11,000 turtledoves and 5,000 quails, but this does not mean spring hunting is an automatic right.
Every year, the government would still have to justify the opening of a spring hunting season to the Commission’s satisfaction.
“The Commission’s positive opinion on the... legislative changes cannot be taken as a carte blanche to open spring hunting derogations in Malta every year on an indefinite basis.
“It will still remain for Malta, before opening any particular spring hunting derogation, to determine whether all the conditions... of the Birds Directive, for opening a season are met,” the Commission spokesman wrote.
He added that the Commission would use all necessary means available to it to ensure the European Court of Justice ruling and the Birds Directive were respected.
Birdlife executive director Paul Debono said the onus of responsibility for opening a spring hunting season this year and beyond laid solely with the government.
“Should the Commission consider taking further legal action under Article 260 of the Lisbon Treaty, Malta can end up at the European Court of Justice, facing fines at the expense of the Maltese taxpayer,” Mr Debono said.
On Friday, the government issued a legal notice opening an 18-day spring hunting season between April 13 and 30.
A bag limit of 9,000 turtledoves and 2,500 quails was also set.
All hunters will be able to apply for a special spring hunting licence, contrary to the 2,500 limit imposed last year.
Birdlife poured scorn on this decision, describing it as a charade since the bag limits mean hunters would roughly be expected to shoot one bird each over the 18-day season.
“The Commission and the Maltese public will see straight through this charade of a spring hunting season,” Mr Debono said.
Spring hunting in numbers
10,387: The number of licensed hunters
11,000: The maximum number of turtledoves that may be hunted in spring
5,000: The maximum number of quails that may be hunted in spring
9,000: The maximum number of turtledoves that may be hunted in spring 2011
2,500: The maximum number of quails that may be hunted in spring 2011
21,000: The maximum number of turtledoves that may be hunted in autumn
20,000: The maximum number of quails that may be hunted in autumn
The framework legislation sets the maximum number of turtledoves and quails that can be hunted in spring. However, each year the government has to set spring hunting limits based on the number of birds hunted the previous autumn. No spring hunting will be allowed if hunters reach the maximum bag limits in autumn.
ksansone@timesofmalta.com