Eleanor V. E. Sharpston, Advocate General (AG) at the European Court of Justice in Luxembourg, delivered her Opinion to the ECJ in the court case the European Commission initiated against Malta on the trapping of seven species of wild finches. The Opinion states that the present trapping arrangements do not respect Malta's obligations under EU law.

BirdLife Malta, in a statement, explained that the Infringement Proceedings initiated by the European Commission against Malta resulted in the Maltese Government being taken to the European Court in October 2015. "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 pressed ahead and reopened the trapping seasons every year since 2014. Last May the Ornis Committee even recommended an autumn finch trapping season for this year."

"The Advocate General has now stated that Malta's finch trapping regulations were in breach of the Wild Birds Directive. She further declares that the Court should rule that by opening a trapping season for finches, the Republic of Malta has clearly failed to fulfil its obligations to abide with the Wild Birds Directive."

"The 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 on this year based on this Opinion. This could spell another step towards the end of finch trapping in Malta."

In his opinion, the AG said that "the Commission contends that Malta has failed to establish that there is 'no other satisfactory solution', within the meaning of Article 9(1) of the Wild Birds Directive, to trapping wild finches in order to address the 'problem' or 'specific situation' which the Maltese legislation is intended to resolve, namely acquiring finches to keep in captivity. In particular, Malta has not demonstrated that captive breeding is not a satisfactory alternative solution" The Commission also argues  that the Maltese derogation does not fall within the concept of 'judicious use' for the purposes of Article 9(1)(c) of the Wild Birds Directive.

 "I do not propose a solution that rides roughshod over either tradition or cultural diversity within the European Union. To the extent that the Maltese wish to keep singing finches in captivity, that desire can be met through the alternative solution of the captive breeding programme. To the extent that Maltese bird trappers wish to exercise and test their skills as hunters, they can be authorised to capture small numbers of individual birds by methods that do not involve the use of clap-nets, strictly respecting best ornithological practices, and the birds so caught can be ringed and then carefully released back into the wild. Provided traditions evolve, there is no insurmountable conflict. I am, however, entirely convinced that the present arrangements do not respect Malta's obligations under EU law."

The full opinion can be read here.

 

Government's reaction

The Ministry for the Environment, Sustainable Development and Climate Change took note of the opinion put forward by Advocate General Eleanor Sharpston on the finch trapping case. 

The Ministry also notes that the Advocate General’s Opinion is not binding upon the European Court of Justice and believes it is premature to speculate or comment on the eventual outcome of the case, and shall await the final verdict of the Court expected in the coming months.  

The situation will thus be evaluated and appropriate decisions will be taken on the basis of the analysis of the final verdict in due course.

In a press conference earlier this afternoon in Valletta, BirdLife Malta insisted that the Government should not open this year’s finch trapping season, at least before the final verdict is delivered by the European Court of Justice following today’s Opinion presented to the ECJ by the Advocate General in the European Commission court case against Malta.

Notwithstanding the looming verdict, last May the Ornis Committee still recommended that this year’s trapping season is opened against BirdLife Malta’s suggestions. After today’s development, however, it is more clear than ever that the best way forward would be to await the final ECJ verdict which is due by the end of this year before any decision is taken.

In a brief response to this morning’s AG Opinion, the Ministry for Environment, Sustainable Development and Climate Change stated that it is “taking note” of the Opinion which according to the statement is not binding on the Court and added that it is “premature to speculate or comment” about the case’s eventual outcome. In view of this, the statement adds, the Environment Ministry will be waiting for the ECJ’s final verdict and appropriate decisions will be taken on the basis of the analysis of the final verdict in due course.

Whilst not necessarily sharing the same thoughts in regard to the way the AG Opinion has been interpreted in the Ministry’s press release, BirdLife Malta welcomes the clear statement by the Maltese Government that it will wait for the final ECJ verdict before taking any decision on the next trapping season. This clearly means that the Ornis Committee recommendation will not be taken on board before the ECJ verdict is out. We also urge the Government to suspend all actions and preparations which have or are being made in relation to finch trapping.

The press conference in front of Parliament, which follows BirdLife Malta’s initial reaction published this morning in a press release, was addressed by BirdLife Malta President Darryl Grima, CEO Mark Sultana and Conservation Manager Nicholas Barbara.