Updated - adds BirdLife reaction - Brussels today insisted that there is no justification to continue to allow bird trapping in Malta and threatened to take the country back in front of the European Court of Justice.
On the recommendation of Environment Commissioner Janez Potočnik, the Commission today sent a reasoned opinion to ask Malta to correctly implement the relevant bird protection legislation.
If Malta fails to reply within two months, the Commission may refer the case to the EU Court of Justice.
The commission explained that in Europe, most wild birds are protected under the Birds Directive, and trapping with large-scale or non-selective methods of capture such as nets is generally prohibited and may only be legally practised under a derogation from the Directive. Such exceptions may only be granted if there is no viable alternative, if the Member State respects the strict conditions and requirements laid down in Article 9 of the Directive, and if it can prove to the Commission it has done so.
In June 2011 the Commission sent Malta a letter of formal notice concerning the incorrect application of derogations allowing bird trapping. The Commission holds that Malta failed to submit sufficient evidence to prove that its trapping derogations respected all the necessary conditions of the Directive and in particular, the rules relating to:ensuring only small numbers of birds are captured; selective targeting of the species concerned by the derogation, and strict supervision of trapping conditions.
In their reply to the Commission, the Maltese authorities disputed the Commission's claims and insisted that the conditions for the application of the derogation were met. In 2011 Malta also changed the derogation so that it applied to only one species, the Song Thrush. But the Commission still considers that Malta has failed to produce satisfactory supporting evidence and has applied the derogations, including the latest autumn 2011 derogation, incorrectly.
Therefore the Commission is now sending a reasoned opinion.
GOVERNMENT TO CONTINUE TALKS WITH COMMISSION
In a reaction, the government said in a statement that it has already explained to the Commission that in the years 2004 - 2010 the application of autumn trapping derogations was based on studies, assessments, recommendations, supervision, enforcement and penalties as provided for in Malta's 2006 Regulations which transpose the Birds Directive, and that these were fully in line with EU law.
"Moreover, it is a fact that the autumn trapping derogation granted in 2011 was much more restrictive than in previous years and certainly respects even the strictest possible interpretation of the Birds Directive."
In August 2011 the government sent a set of 'Policy Guidelines for Hunting and Trapping of birds in Malta' to the Malta ORNIS Committee; these Guidelines were intended to ensure full respect of the Birds Directive while also allowing for full respect of the rights of hunters and trappers under EU law.
On the basis of these guidelines, and in view of the scientific data which was provided by the Malta ORNIS Committee, the 2011 autumn trapping derogation was only granted for one species of birds, namely Song Thrush. This derogation was allowed because sufficient scientific evidence was produced to show that this species was in a favourable conservation status in the EU and because no alternative solution can be considered to exist since this species is only present in Malta during the autumn migration and because captive breeding attempts for this species have been largely unsuccessful.
"The Government maintains that the strict parameters used for the 2011 derogation serve as clear proof of its commitment to ensuring that any trapping derogation is applied in line with strict parameters that preserve the conservation objectives of the Birds Directive," the statement added.
The government said it will reply to the Reasoned Opinion and will continue to engage in discussions with the Commission.
BIRDLIFE WELCOMES EU STATEMENT
BirdLife Malta said it welcomed the EU's reasoned opinion
"In the absence of increased enforcement, land and aerial surveys by BirdLife Malta during the autumn season revealed widespread illegal trapping. 53% of active trapping sites surveyed were illegally targeting finches, and a further 24% were illegally targeting waders, mostly Golden Plover. Less than 2% of active sites were found to be targeting Song Thrush.
"In August 2011, the Office of the Prime Minister issued a Policy Guidance Document on Hunting and Trapping which specified scientific studies need to be prepared to aid the consideration of a derogation. Contrary to this same government document, no scientific studies on Song Thrush migration were undertaken in 2011, and the recommendation was taken on the basis of a report prepared solely by the ORNIS Chairman."
BirdLife said it was reiterating its stance that a trapping derogation cannot be justified under the EU Birds Directive. In 2011, the Song Thrush trapping derogation was no less restrictive or selective than previous derogations that warranted Malta a letter of Formal Notice in June.