The European Commission could step up action against Malta after the government decided to reintroduce trapping of song thrushes, The Sunday Times is informed.

Trapping of birds using large scale methods of capture is banned by the EU

EU officials were taken “by surprise” by the Maltese authorities’ latest decision to derogate from the Birds Directive to permit autumn trapping, even though it concerns just one bird species, sources close to the Commission said. The legal services of the European Commission have been instructed to investigate the matter. Following the start of infringement procedures over this same issue last June, the government had originally decided not to allow trapping when announcing this year’s autumn hunting season.

However, after harsh criticism and pressure from the Maltese hunting lobby, on October 31 the government said it will be permitting the trapping of song thrushes and justified its decision on a recommendation and studies made by the Ornis Committee in June. Birdlife denied that such recommendations were made by the Ornis Committee.

Since Malta joined the EU in 2004, it has always made use of derogation to allow the trapping of four bird species during autumn: turtle doves and quail (also hunted), golden plovers and song thrushes.

The government unveiled a two-and-a-half month trapping season from November 1, and said more studies need to be carried before applying a derogation for other species, particularly golden plovers.

The latest decision comes just four months after the Commission formally accused Malta of failing to justify its derogation to allow trapping.

A spokesman for the Commission did not want to comment further about possible legal action although he did say that song thrushes were already the cause of infringement procedures against Malta.

“The Commission recalls that in June 2011 it launched an infringement procedure against Malta concerning the incorrect application of autumn trapping derogations for four species of birds, including the song thrush, every year since Maltese EU membership began in 2004. The Commission is currently assessing the situation in order to decide the next step,” the Environment Commissioner spokesman told The Sunday Times.

Under EU rules, the trapping of birds using large scale or non-selective methods of capture, such as nets and other means specifically listed under the Birds Directive, is prohibited in the EU. However, member states may derogate from the general prohibition and allow trapping of birds using nets, provided all strict conditions set out in the directive such as absence of satisfactory alternative, selectivity, small numbers, judicious use and strict supervision as well as the formal conditions of derogations under Article 9(2) of the Directive are fully respected.

According to June’s infringement procedures, Malta was not justified in using a derogation to allow trapping, including that of song thrushes, during the course of every season since 2004.