The European Commission yesterday announced that it will take Malta before the European Court of Justice for allowing the hunting of quail and turtle doves in spring and, in the meantime, will request the courts not to allow Malta to allow spring hunting in 2008.

In his official comments, Environment Commissioner Stavros Dimas said that this decision “is fundamental for the preservation of biodiversity in the EU that laws on the hunting of wild birds are adhered to by all member states. It is clear that there is no place in the European Union for the hunting of these birds during the breeding season.”

The Commission is taking Malta to the European Court of Justice under Article 226 of the EC Treaty for failure to comply with EU legislation protecting wild birds.

Under the Wild Birds Directive the killing of wild birds is banned, but some species may be hunted as long as this does not occur during the breeding or spring migration season.

The Commission’s action follows a final written warning to Malta last October on the hunting of quails (Coturnix coturnix) and turtle doves (Streptopelia turtur) during spring. The hunting of these migratory birds 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.

Spring hunting was discussed during Malta’s EU accession negotiations where Malta said that the hunting of quail and turtle dove in spring was in accordance with the possibility for limited derogation as foreseen under Article 9 of the Directive

Following this request, the Commission had confirmed that a derogation would be possible if the strict conditions set out in the Wild Birds Directive were met.

Throughout the European Union the EU Birds Directive protects birds by banning hunting during their spring migration back from Africa to their breeding grounds. Member states can apply derogations under certain conditions, of which the most important one is the absence of an alternative solution. In Malta’s case the Commission concluded that such an alternative is provided by the possibility to hunt the species in autumn.

In its final written warning last October, the Commission called on Malta not to permit spring hunting in 2008. However, it noted, in January, Malta did not give a firm commitment in this regard, and as a result, the Commission will refer the case to the European Court of Justice.

This decision was warmly welcomed by Birdlife International and Birdlife Malta.

In a joint press release, it pointed out that every spring since its accession to the EU in 2004, Malta has permitted hunting and trapping of turtle dove and quail in direct contravention of the EU Birds Directive.

“Unfortunately, the Maltese government has missed many opportunities in the past to solve this case and to avoid European wide embarrassment for the country” said Konstantin Kreiser, EU Policy Manager at BirdLife in Brussels. “Therefore, we can only welcome the Commission’s decision to take Malta to court now.”

In light of the recent development, BirdLife called on the Maltese government to respond to the Commission’s actions by officially declaring the end of spring hunting in Malta, for 2008 and beyond.

“If the Maltese government opens another spring hunting season this year, BirdLife will urge the European Commission to ask the European Court of Justice for an immediate order,” Kreiser concluded.

The Commission had initiated legal action against Malta in 2006, following a complaint by BirdLife, and issued a final warning in the form of a Reasoned Opinion last October, urging the Maltese government to stop spring hunting once and for all.

President of BirdLife Malta Joseph Mangion urged Prime Minister Lawrence Gonzi and Opposition Leader Alfred Sant not to open a spring hunting season again.

“The overwhelming majority of the Maltese believe that spring hunting should end, and that the government needs to stop this European-wide embarrassment for our country,” he said.

Birdlife Malta executive director Tolga Temuge told this newspaper that Malta wasted a chance.

“Whoever who will be in government will have to respect this decision. This case shouldn’t even have come up in the first place as it is not in the public interest. This derogation was included in the interest of a small group of people who have hijacked the interest of the two main parties,” said Mr Temuge.

He explained that a derogation is not a God-given right. “A country has to justify why it wants the derogation – usually for safety issues – and not to give in to people’s pastimes.

“Finally, the Maltese will regain their countryside this spring,” said Mr Temuge.

In a statement, the Rural Affairs and Environment Minister George Pullicino stated that the European Commission confirmed that the “derogation for spring hunting is possible according to European law,” and declared that will follow the court’s decision.

Furthermore, he added, it also confirmed that, following Malta’s request, this derogation was discussed in the EU accession negotiations.

Mr Pullicino also referred to the recent decision taken by the European Court against Finland stating that the Commission will not grant the derogation because the autumn can be used as an alternative for Maltese hunters.

He also noted that the European Court of Justice is the best place where this decision can be taken, once and for all, and declared that it will accept the court’s decision.

The statement also pointed out that the European Commission made it very clear that this procedures fall under Article 226, and as a result, regardless of the court’s final decision, Malta will not penalised or fines.

The Federation for Hunting and Conservation (FKNK) could not be contacted for their comments.