The European Commission has launched infringement proceedings against Malta on the planned reopening of the trapping season on Monday, sparking a defiant reaction from the government.
In a letter of formal notice, the EC yesterday urged the government to “reconsider” its decision to allow traditional finch trapping to resume, saying this was in violation of EU law.
The government announced its intention to reintroduce the practice in June, prompting an initial EC warning the following month.
In a statement, the government yesterday said it “disagreed” with the Commission’s interpretation of the law and said it would not go back on its decision.
“The government will continue to defend the legitimate rights of Maltese live-bird capturers in full accordance with national and EU law... the season will open as announced,” it said.
The legal letter is the first step in the Commission’s infringement procedures that will inevitably land Malta in front of the European Court of Justice unless the trapping season is blocked.
The ball is in Malta’s court now, we have been discussing this for some time
Live-bird capture was phased out in Malta back in 2008 to bring the island in line with the Birds Directive – the EU’s cornerstone conservation legislation.
The autumn trapping season will last until the end of December.
Thousands of trappers are expected to flock to the countryside over the coming weeks, with many having taken time off from work in the hopes of snagging some of the seven species of finch approved for capture.
Justifying its position, the government yesterday said it had taken the decision to reopen the season after discussing the matter with its consultative body, the Ornis Committee, and had taken all the necessary enforcement precautions.
These, it said, included a real-time game reporting system, bag limits, a range of limitations and controls concerning permitted methods of capture, a rigorous licensing process and a number of other provisions.
Penalties for offences have also been increased substantially and these will be enforced by 60 newly trained officers.
The EC, however, is insisting there is no justification to allow the reintroduction of trapping, despite all the precautions being taken.
A spokesman for the EC’s Infringement Office yesterday told Times of Malta that Commission officials had met the Maltese authorities last week to discuss the matter and had since sent the urgent legal letter.
Member states are normally given two months to reply to the document, however, given the imminent nature of the situation, the Commission gave Malta just four weeks to regularise its position.
“The ball is in Malta’s court now, we have been discussing this for some time... if the situation remains unchanged, then the EC will be forced to go to the next stage in the legal proceedings,” the spokesman said, adding that a decision from the European court could take longer than a year to be delivered.
The Commission had initiated similar proceedings against Malta when it applied for a derogation to allow spring hunting, another practice outlawed by EU law.
The derogation was eventually upheld and spring hunting was allowed under strict conditions.
The Hunters’ Federation, FKNK, yesterday offered the government “all of its expertise”, to help defend its position.
FKNK CEO Lino Farrugia said similar derogations to allow live finch capture were already being enforced in other member states, and Malta had every right to apply for one too.