The European Commission's warning that a three-week spring hunting season would land Malta in court again amounted to deceit and contempt of the European Court of Justice's ruling delivered last year, the hunters' lobby insisted yesterday.
The Federation for Hunting and Conservation (FKNK) and the smaller association, St Hubert Hunters (KSU), took the Commission to task for asking the Maltese government for a report about the enforcement and the strict controls that would be in place during the six-day hunting season announced earlier this month. The report had to be sent to Brussels four weeks after this year's season closes.
The two associations accused the Commission of contradicting itself because, according to the rules, the derogation report by the Maltese government for the opening of this year's season would only have to be sent to Brussels by November 2011.
"On April 1, the Commission was reported as being prepared to take a position only after November 2011 as is the norm and according to proper procedure. Now, the Commission is reported to have already taken a position by objecting to a three-week season arguing it would not be 'in line with last year's European Court of Justice judgment' without giving reasons for that opinion," the associations said.
They said the Commission was "afraid to make its public pronouncements credible by issuing them officially over a specific name and signature, with specific dates", adding that the EU Executive was only communicating through newspaper reports.
Officially, through its spokesman, the Commission has already said it agreed "in principle" with a six-day hunting season as allowed by the government this year and cast doubts on whether a three-week season will be in line with the ECJ's ruling.
The Commission's environment spokesman recognised the right of Maltese hunters to hunt in spring, following the ECJ ruling.
The spokesman said "the judgment does not exclude the opening of a limited and strictly supervised spring hunting season in Malta, provided that all the relevant conditions for a derogation under article 9.1.c. of the Birds Directive (notably small numbers of birds on a selective basis under strict controls) as well as the terms of the referred ECJ judgment are fully respected".
Earlier this week a senior Commission official said it had officially informed the Maltese authorities that "the initial analyses of the Commission (on the 20-day hunting proposal) reveals concerns regarding its compliance with the provisions of the (ECJ) judgment" and that "following an in-depth evaluation, the possibility of launching legal action under article 260 of the EU Treaty cannot be excluded".
This means that if the government allows a three-week season next year, as it has proposed, Malta would probably again be taken to court and this time the ECJ can impose fines.
When asked about the Commission's latest position, the government would neither confirm nor deny the EU Executive's latest communication.
The Commission has so far not reacted to the latest accusations by the hunters.