The European Commission has started infringement procedures against Malta’s decision to allow trapping during the autumn season beyond the 2008 deadline, The Times is informed.

Trapping was meant to be completely outlawed in Malta by the end of 2008 following an almost five-year transition period in which the Commission granted “special conditions” to allow the trapping of certain wild birds on a limited scale after EU accession.

However, the Commission has learnt that Malta decided to apply a derogation to continue to allow the trapping of four species (turtle dove, quail, golden plover and song thrush) beyond the end of the transition period negotiated with Brussels before accession.

A derogation to the Birds Directive is possible only if it is justified, according to a Commission spokesman who said this did not appear to be the case in Malta.

“The trapping of birds using nets (as practised in Malta) is prohibited under the Birds Directive. However, member states may derogate from this provision and allow trapping, provided all the strict conditions set out in the Birds Directive, such as the absence of a satisfactory alternative, selectivity, small numbers, judicious use and strict supervision, are respected,” the spokesman said.

The Commission considers that in the Maltese trapping derogation not all the conditions are being met and a Letter of Formal Notice – the first stage of the EU’s infringement procedures – has been sent to Malta.

The government admitted it was its intention to try to allow the continuation of trapping in autumn through the use of a derogation and was willing to persuade the Commission over the matter.

“Malta has already expressed its willingness to engage in technical discussions with the Commission on how best to preserve the objectives of the Birds Directive and the desirability of applying an autumn derogation for trapping in Malta,” a government spokesman said.

An EU official said Malta was trying to use the derogation to circumvent the Birds Directive and continue to permit trapping. “This is obviously not permitted and won’t be allowed by Brussels,” he said.

Hunting and trapping

The issue of hunting and trapping – a hot potato in Malta for decades – has already landed the island in hot water with the Commission over the past years, especially after the government allowed a full blown hunting season in spring, something that breaches EU laws.

Although Malta lost a court case instituted by the Commission, the European Court of Justice had left the window slightly ajar by allowing a limited and very short hunting period in spring in compensation for the normally poor autumn hunting possibilities.

The details

Before EU accession in 2004, the European Commission had agreed to give a special concession to Malta to continue with the trapping of seven species of birds until the end of 2008. This was based on the Maltese authorities’ argument that more time was needed to carry out certain studies and to “ensure sufficient genetic diversity of the captive species”.

This arrangement incorporated a number of strict conditions including the establishment of an Ornis committee, the registration of all trapping sites, the commissioning of a number of studies and the introduction of a captive breeding project.

At the end of 2008, the Commission said it was satisfied with the progress achieved by Malta and was assured that all the conditions tied to the transitional period on trapping had been met.

With regard to the number of wild birds that could be captured in line with the temporary concession, the Commission had declared “it understood that the Maltese authorities have concluded that no further wild specimens may be captured”, meaning there was no further reason to continue trapping.