The government has stood its ground on the issue of spring hunting and appears to have every intention of opening the season this year, flying in the face of the now very real threat of legal action by the European Commission.

The EC had given Malta a final warning in October to cease the practice of spring hunting this year, unless it could provide scientific evidence justifying the practice in that no alternative season exists.

In its final warning letter the Commission had reiterated its long stated stance that the hunting of Malta’s two legally hunted species – turtledove and quail – could clearly be done in autumn instead of the spring breeding season, a notion the hunters lobby stands foursquare against.

BirdLife Malta confirmed yesterday that Malta’s awaited reply to the final warning was sent to Brussels this week. The EC is said to have frowned upon Malta’s arguments in favour of the practice once again, and will be taking the government before the European Courts of Justice.

Malta’s latest manoeuvre could be perceived as a delaying tactic aimed at postponing the issue until after the forthcoming general election, with legal proceedings potentially being a drawn-out affair unless the process is otherwise fast-tracked.

The EU courts could, however, resort to interim measures and order the closing of spring hunting until the case is concluded and the verdict delivered.

As pointed out by BirdLife International’s EU Policy Manager Konstantin Kreiser, “Malta is not only facing a European Court Case. By declaring another spring hunting season for 2008, it is also likely to provoke Interim Measures of the Court – which would enter into force immediately. The Polish Via Baltica (Rospuda) case last year showed that the court no longer accepts delaying tactics of member States. The Maltese government should learn this lesson before it is too late.”

If Malta loses the case, it could be slapped with potentially heavy punitive fines, possibly for every day in which Malta infringed the EU’s Bird Directive.

According to the Commission, Malta has contravened the directive since it joined the EU – for four years running, with this year being the fifth, if the season is indeed opened.

BirdLife Malta (BLM) called on the government on Friday to immediately withdraw its intention to allow spring hunting this year.

In a letter sent to Prime Minister Lawrence Gonzi, BirdLife Malta advised, “Malta’s insistence on allowing spring hunting and trapping has already become a European wide embarrassment for our country.

“As an example, the European Parliament’s resolution of 15 March 2007 is a very rare example of a member State being openly urged by a great majority of MEPs from the whole political spectrum to comply with EU law.”

BLM president Joseph Mangion also accused the government of pandering to the hunters lobby in the interest of its political party and against the interest of the majority of the Maltese people.

“We have every reason to be furious with the government and also with certain politicians from both the Nationalist and Labour parties who persist in making promises to the hunting fraternity that go against the conservation laws with the hope of winning their votes,” he commented.

“How can any government expect its citizens to abide by the law when it has no respect for EU law and the conservation of our natural heritage?”

October’s final written warning follows Malta’s first written warning on spring hunting in July 2006, which had observed, “Currently, laws in Malta allow the hunting of the birds during spring, a key period of migration and breeding. In taking this step, the Commission is asking Malta to bring its rules on hunting in line with the EU’s Wild Birds Directive.

“The hunting of these migratory birds (turtle-dove and quail) takes place during their return from Africa to breeding grounds in Europe, 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. The Commission believes that alternative solutions to spring hunting exist, in this case the possibility to hunt the two species in the autumn.”

Hunting in the EU is regulated in the EU by the 1979 Wild Birds Directive, which holds a general prohibition on the killing of wild birds but allows the hunting of certain species “provided this does not happen during breeding or migration”.