The Italian government has banned bird trapping to avoid facing the European Court of Justice after receiving a second warning from the European Commission, a move that contrasts with the Maltese government’s route of confrontation.
On Wednesday, Italy outlawed all means of trapping birds, including the use of nets, effectively banning the practice after the country applied derogations (exemptions from EU law) in various regions for the trapping of thrushes.
Italy received its second warning from the EC last August, after measures implemented by the Italian government since 2012 to justify the continuation of trapping were deemed unsatisfactory. To avoid the European Court, the Italian government enacted a law to ban the practice.
The Maltese Labour government has repeatedly referred to derogations applied by Italy to justify its decision to reintroduce finch trapping. The move immediately led to a warning by the EC, but the government chose the path of defiance and opened the season last year.
Malta has since received its second warning, and Environment Commissioner Karmenu Vella has made it clear he will have no choice but to take Malta to court if the government does not abide by the Birds Directive, which bans trapping. When Malta joined the EU, it had negotiated a transitional period to phase out trapping by 2008.
Malta forges ahead with confrontation with the EC
Finch trapping has not been practised in Malta since 2009, although a limited trapping season was allowed for huntable species: song thrush and golden plover.
The European Commission launched an infringement procedure in 2010 arguing that Malta had failed to supervise the practice strictly and ensure that only a small, selectively targeted number of birds were trapped. Those infringement proceedings are still open, and they are now topped by the second warning (known as Reasoned Opinion) on finch trapping.
Birdlife Malta said the position adopted by the Italian government was commendable:
“Rather than risking the country being taken to the European Court, the Italian government outlawed trapping.
“The Maltese government’s position is the opposite – while we are at a Reasoned Opinion stage on both trapping derogations (for finches, and for golden plover and song thrush) – all is set for opening another two trapping seasons this autumn,” said Birdlife campaigner Nicholas Barbara.
The EC has contested the need to use wild live birds as decoys when there are other means that can be used to attract a bird for hunting such as whistles or even fake decoys (such as plastic figurines).
“If the EC is contesting the use of live decoys in Italy, then we can expect such arguments with Malta. If other means of attracting birds are seen as a suitable alternative, Malta should not be treated differently,” Birdlife said.
The justification for the second trapping derogation for finches is based on recreation.