Malta has lost a case in the European Court, in a case regarding the trapping of songbirds.
The European Commission asked the court to declare that, by adopting a derogation regime allowing the live-capturing of seven species of wild finches (Chaffinch Fringilla coelebs, Linnet Carduelis cannabina, Goldfinch Carduelis carduelis, Greenfinch Carduelis chloris, Hawfinch Coccothraustes coccothraustes, Serin Serinus serinus and Siskin Carduelis spinus), the Republic of Malta had failed to fulfil its obligations regarding an EU Directive.
Earlier today, the FKNK appealed for calm amongst its members, until it has time to analyse the judgement, and that it is going to be on the forefront in safeguarding socio-cultural traditions, and the sustainability of hunting and trapping.
Last July, 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 songbirds. The Opinion stated that the present trapping arrangements do not respect Malta's obligations under EU law.
In the opinion, the AG had 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."
In its judgement today, the European court noted that “ from all the considerations the Republic of Malta has not adduced sufficient evidence that its derogation regime for the trapping of the seven finch species in question makes it possible to ensure the maintenance of the populations of those species at a satisfactory level.”
The court also notes that “i n the context of Malta, characterised by a very high density of licence holders, namely over 4 000, and of registered trapping stations, namely over 6 400, the fact that merely 23% of hunters have been subject to individual checks seems inadequate. Furthermore, it is apparent from Birdlife Malta’s study of July 2015 that failure to observe the restrictions relating to authorised catch periods and locations, in particularly by trapping inside ‘Natura 2000’ sites, has been rather frequent during the 2014 Autumn capturing season.”
“According to that study, 41 591 single-use rings were issued for the 2014 Autumn capturing season, bearing in mind that the catch limit for all seven finch species had been fixed at 26 850 specimens. The system provided for and required licence holders to return unused rings. At the end of the season, 38 602 rings remained in the possession of licence holders, that is 11 752 more than the catch limit of 26 850 birds and 31 380 more than the 7 222 finches whose capture had been declared during that season,” the court notes.
Government reaction
The government said that it is evaluating the court's decision, which cannot be appealed.
It said that it did all its best to see that trapping remained legal and had opened the season in 2014, 2015, 2016 and 2017. It said it dedicated all its resources to defend its case.
AD welcomes the Europen Court's decision
Alternattiva Demokratika welcomes the European Court's decision which declares finch trapping illegal.
Simon Galea, AD spokesperson on agriculture and rural development said:"This decision by the European Court of Justice means that our natural environment and Malta's flora and fauna will be afforded more protection. Government took trappers for a ride. It peddled the myth that trapping could continue unabated. Fortunately for those who love their country and its natural environment, the ECJ has confirmed what we knew all along: trapping is illegal. It is now Government's duty to see that trapping is not allowed through proper and effective enforcement."
Muscat´s trapping plan was illegal – CABS
The Committee Against Bird Slaughter (CABS) has welcomed today´s decision of the European Court of Justice (ECJ) that the opening of the trapping season for finches on Malta is a clear breach of the EU´s Bird´s Directive. “We are glad that the institutions of the EU finally showed their teeth and confirmed that Joseph Muscat´s plan to reintroduce finch trapping on Malta was in fact illegal”, CABS president Heinz Schwarze said.
CABS called upon the Prime Minister to accept the ruling and to prepare the trapper´s community for a future without trapping. “Now the government has to face the reality and start to develop plans for a strict supervision of a future finch trapping ban”, Schwarze said adding that the police in such a case will need extra ressources to deal with illegal trapping in the next years.
The german-based NGO announced that it is planning to conduct a large scale operation against finch trapping on Malta this autumn. “We are currently mobilising all available resources to ensure that we have a maximum number of teams in the field during peak finch migration in October and November. If all parties pull together finch trapping will soon go down where it belongs: In the history books”, CABS Wildlife Crime Officer Fiona Burrows said.
FKNK disappointed
The Hunters' and Trappers' Federation said it does not agree with the verdict, but added that it does not remove Malta's right to apply a derogation.
The FKNK said that the government should start negotiating with the European Commission so that when it applies again for a derogation, it would be in a position to come up with the necessary requisites.
The FKNK reserved the right to take further action to safeguard the interests of its members.
Kaccaturi San Ubertu
Kaccaturi San Ubertu KSU deplored the deceptive and alarmist arguments brought up by Birdlife Malta in relation to the trapping of finches. Based on such arguments the traditional trapping of certain species of birds as currently practiced has been termed illegal following today’s ruling by the European Court of Justice.
KSU noted that this blatant manipulation of fact influenced the European Court and that its verdict does not reflect the reality of a controlled and limited practice of a substantial part of Maltese society that have the greatest respect and love of birds. that should be strenghtened and not punished.
KSU notes another threat to our cultural traditional practices as a result of manipulation of fact and an incessant crusade to ban hunting and trapping in these islands. KSU calls upon all hunters and trappers to note all the relevant factors that brought about such losses and to play a more active part in decisions that effect our future.
KSU said it will use all means at its disposal to analyze the verdict in repect of any issues noted by the Court and in line with its purpose to defend our practices it will act accordingly.
BirdLife reaction
Birdlife said that the judgment is clear and unequivocal, leaving no room for interpretation. BirdLife Malta insisted that in the light of this judgement, the Government should never open the trapping season for finches again and should repeal the relevant framework law with immediate effect.
Now that the Government faces the delicate task to enforce the European Court’s decision, BirdLife Malta is ready to assist government in implementing the verdict providing advice based on scientific facts, conservation values and full implementation of the EU Birds Directive.
BirdLife Malta now calls on the Government to honour the ECJ verdict and repeal the framework law enacted in 2014 which allows this derogation which conflicts with the principles of the EU’s Birds Directive.