Updated 5.50pm
Current trapping arrangements of seven species of wild finches do not respect Malta's obligations under EU law, according to an Opinion issued today by the Advocate General at the European Court of Justice in Luxembourg.
In her opinion, Advocate General Eleanor Sharpston stated that Malta's finch trapping regulations were in breach of the EU's Wild Birds Directive.
She further declared that the court should rule that by opening a trapping season for finches, Malta clearly failed to fulfil its obligations to abide by the directive.
"There is no material before the Court to suggest that ‘capture, ring and release’ would not be a satisfactory alternative solution," the opinon stated, arguing that such a practice would allow trappers to "continue to derive pleasure from exercising their skills to trap birds whilst reducing significantly the negative impact on bird conservation."
"The fact that trappers would no longer have the financial incentive which presently results, in particular, from the resale of captured specimens is immaterial," she wrote.
Ministry 'takes note'
In a brief statement, the Environment Ministry said it "took note" of the opinion but would be waiting for the ECJ's final verdict.
Malta itself recognises that that solution does address the capture element of the twin aims of the legislation, but rejects it because ‘capture, ring and release’ does not simultaneously address the keeping element
It said that the advocate general's opinion was not binding on the court and that it would be "premature to speculate" about the case's eventual outcome.
READ: Malta faces scepticism during ECJ trapping hearing
That statement was pounced on by activists from BirdLife Malta, who noted that last May the Ornis Committee had recommended that the trapping season be opened this coming autumn.
The government's commitment to wait for the ECJ's verdict "clearly means that the Ornis Committee recommendation will not be taken on board before the ECJ verdict is out," BirdLife Malta said.
Long-standing disagreements
Malta is currently locked in a dispute with the European Commission, with the latter having turned to the ECJ in October 2015 after all other avenues were exhausted.
The EC sent a letter of formal notice to Malta in October 2014 and a reasoned opinion was issued in May 2015, but the Maltese government ignored them and reopened the trapping seasons every year since 2014.
READ: We do everything to abide by EU laws, insists FKNK
Photo: BirdLifeThe recommendations by Advocate General Sharpston will now be considered by the Court of Justice of the European Union which will deliver its final verdict later this year.