The government has said that before the Court of Justice of the European Union, it "robustly defended its research derogation on the seven species of wild finches, challenging the interpretation of the Birds Directive."
On Thursday, BirdLife Malta had said that "After a process that has dragged on for more than three years, the Infringement Proceedings initiated by the European Commission (EC) against Malta on the smokescreen finch 'scientific research' derogation seem to be finally heading towards a conclusion following today's last hearing at the European Court of Justice (ECJ). At the end of today's hearing in Luxembourg t was announced that the Court has asked for an AG Opinion, which will be issued on the 30th of May. Following the Opinion by Advocate General Tamara Ćapeta, the European Court of Justice will then deliver its final judgement."
BirdLife said that these infringement proceedings against Malta on finch trapping were initiated in December 2020 with a Letter of Formal Notice sent by the EC. "After responses from the Government to justify that it was a 'research' project failed, in June 2021 the Commission took its action a step further, issuing a second warning in the form of a Reasoned Opinion, giving the Government a month to remedy the situation or potentially face the prospect of another case at the European Court. After the Government once again ignored the second formal warning, the Commission had no other option but to take the infringement case to the next and final level, referring Malta once again to the ECJ on 12 November 2021. The case was officially filed by the EC on 20 January 2023 (when the application was lodged, kicking off the legal proceedings) and officially came to an end with today's hearing." The NGO has been highly critical of the derogation.
In a statement, the government said that "central to Malta's argument was the issue of inadmissibility. The Government highlighted procedural irregularities in the European Commission's application and contended that given that the Commission failed to follow thoroughly all the procedural steps following the repeal of the 2020 legislative framework and the enactment of the 2021 legislative framework, the Court should declare the case as inadmissible. Not only did the Commission fail to adhere to the required procedural steps, but it consistently ignored the Maltese authorities' willingness to resolve the issue amicably, by disregarding the various attempts by Minister Clint Camilleri to discuss the issue with the Commissioner for the Environment, Oceans and Fisheries, Virginijus Sinkevičius."
"Regarding scientific research standards, Malta outlined criteria endorsed by authoritative sources, asserting that its Finches Project adhered to these benchmarks," the government said. "Addressing concerns about the role of trappers, the Government clarified that their involvement was grounded in scientific methodology, debunking misconceptions surrounding the project. However, Malta acknowledged challenges in garnering full support for the framework due to boycotts by certain NGOs, including Birdlife Malta and EURING, hindering the project's scientific objectives."
The Government also strongly rejected the Commission's assertion that the finches research project could in any way be likened to Japan's commercial whaling operations.
"The Government reiterated its commitment to upholding the Birds Directive while advocating for a nuanced understanding of research derogation. Whilst awaiting the Court's final judgement, the importance of protecting the rights of its citizens was also emphasised. Minister for Gozo and Planning Clint Camilleri was present for the hearing to support the legal team, showing also the Government's consistent commitment on the subject. The Opinion of Advocate-General Tamara Capeta is scheduled for 30 May 2024."