The Spring Hunting Out (SHout) campaign is insisting that contrary to the impressions being given by hunters, Malta never actually negotiated the opening of a spring hunting season with the EU.

SHout spokesman Mark Sultana explained that in the Treaty of Accession which Malta and nine other countries signed with the EU in 2003, Malta committed itself to abide by EU laws on bird protection.

He noted that the treaty states that "Malta is allowed to continue trapping of seven finch species until end 2008 under Directive 79/409/EEC on wild birds. These birds can be captured only by traditional nets known as clap-nets and exclusively for the purpose of keeping them in captivity. During the transition period, a captive breeding system will be established. This will ensure that these birds can further on be kept in aviaries and cages in line with the acquis. All other aspects of the birds directive will apply as of accession."

"The treaty never referred to a spring hunting derogation in Malta," Mr Sultana pointed out.

"The law on bird protection provides member states with the possibility to derogate, but it does not mean that the derogation will be accepted. In fact when Malta applied a derogation to open spring hunting it was taken to task by the European Court of Justice and found to be in breach of the directive," he continued.

SHout insisted that contrary to misleading claims by the pro-spring hunting Iva campaign, spring hunting in Malta is not "approved by the EU," with the European Commission's case against Malta for illegal spring hunting remaining open.

EU law generally prohibits the killing of wild birds: it allows some species to be hunted but only outside of the breeding or spring migration seasons.

SHout said that when Malta joined the EU in 2004, no formal agreement was made to allow Malta to continue hunting in spring, and that the decision to open a spring hunting season every year led the European Commission to intervene in 2007 and take Malta to court for "failing to provide adequate protection for birds."

It said that in 2009, the European Court of Justice ruled that Malta was guilty of allowing illegal spring hunting, noting that the court stated that "the hunting of these migratory birds takes place ... before they have had a chance to reproduce. The impact on bird numbers is therefore more significant than it would be in autumn or winter, after the breeding season."

SHout argued that Malta flouted EU law by opening a spring hunting season the following year and every year since, prompting the European Commission to issue another official warning.

"This idea of spring hunting being 'approved by the EU' is yet another piece of misinformation from the hunters campaign designed to mislead the public. Killing birds on their way to breed is illegal under EU law, Malta was found guilty by the highest court in the European Union and a case is still open," Mr Sultana said.

"Malta remains under intense scrutiny from the EU on this issue, however these proceedings can take years to be resolved. Therefore the matter is now in the hands of the Maltese public to do what is right; vote 'no' on 11 April and abolish spring hunting before it is too late," he added.

"No other country in Europe allows killing of turtle dove and quail in spring, when they are on their way to breed. The referendum is a chance for Malta to show it is a progressive European country by stopping spring hunting here too."