If the European Court of Justice (ECJ) rules a halt to finch trapping in Malta 'there is no way out', Bird Life CEO Mark Sultana stated today.
The conservationist NGO told the press that the verdict on the case of finch trapping in Malta 'is binding, and Malta is obliged to abide by its conclusions. No appeal can be filed by the Maltese Government, who can either choose to comply or go against it.'
Since this is the first time that the issue is being contested in the European Court, no fines will be placed on Malta should the court rule out that Malta was incorrect in opening trapping seasons. Malta would, however, have to pay all court expenses related to the case.
Bird Life explained to the press that "in the unlikely event that the Maltese Government does not abide by the ruling, the European Court of Justice may open a new case against Malta, freezing future trapping seasons and in the meantime impose a fine which is calculated as a proportion of Malta's Gross Domestic Product (GDP). For Malta, such a fine can reach over a million euro, depending on the length of time Malta remains non-compliant with the ruling."
The verdict by the European Court of Justice is expected to come out early this year. "If the verdict comes out mid-season and there is a ruling to halt finch trapping, it could be that that the government is obliged to stop the season," Sultana said. The NGO said that they could expect the verdict as early as today.
Sultana explained that although the court judgement could not be clearly predicted, the opinions which emerged so far showed that the ECJ could indeed rule to halt the practice of finch trapping.
Trapping was reintroduced by the Labour Government in 2013, which had resulted in circa 4,000 people obtaining trapping licenses after the licensing system was reopened, despite the practise being banned in 2009 in order to be in line with the treaty for Malta's access to the European Union.
However, a technical loophole was identified within EU legislation, allowing Malta to deviate from the EU legislation on EU trapping, given that the practise was regulated. In 2015, infringement proceedings against Malta were filed by the European Commission.
Bird Life estimate that over 110,000 finches could have been caught and died between 2014 and 2017 due to finch trapping.
Explaining his belief that trapping practices is mostly carried on because of the "thrill to kill", Sultana said that arguments that trapping is a Maltese tradition does not justify the practice.
"There have been many traditions, but our country has developed and stopped them," Sultana said. "In some countries, slavery was a tradition, but that stopped because the country developed. There is no justification for this."
Trappers fear the end of trapping
Earlier today, the Hunter's Federation (FKNK) said that trappers are "terrified" that trapping has come to end and the community wanted to be able to pass on the tradition to generations to come.
Providing information regarding the arguments presented to the ECJ in the hope of keeping the practice, the federation said that trappers argue that the practice is within the natural mortality rate.