The European Commission has said that Malta's recently launched finch-trapping derogation is not in line with a ruling by the European Court of Justice, which last year declared that finch-trapping for "research" is illegal, BirdLife said Saturday.

In September 2024, the European Court of Justice ruled that Malta's trapping of protected finches for "research purposes" is illegal as there was no "genuine research purpose" that could justify it.

The government at the time had said that it remained committed to "defending the lawful practices of hunters and trappers" and said that it was examining the judgement - which is final - to plan a way forward.

The way forward was to continue to allow finch-trapping - so much so, that Malta earned a formal warning from the European Commission last February, and to then relax laws on bird ringing which was previously exclusively in the hands of the European association for the practice, EURING, which is represented locally by BirdLife Malta.

BirdLife had said that the only reason this was being done was in order to "try and disguise finch trapping as a scientific derogation" - which the organisation said is "bound to fail" because EURING is the only recognised bird ringing network in Europe.

The government re-opened the finch-trapping season in October, three days after these new laws came into place.

In a statement on Saturday, BirdLife Malta said that it had communicated with European Commissioner Jessika Roswall - whom Gozo Minister Clint Camilleri, who is responsible for hunting - met in Brussels last month just before the new season was opened.

In a letter sent to BirdLife, Commissioner Roswall's staff said that the commissioner "did not endorse the Maltese derogation framework in question and its implementation but asked for more information on how the national authorities plan to ensure the full implementation of the ruling of the Court of Justice of the EU."

The letter continues by noting the new "research derogation" that had been adopted and noted that it "seems similar" to the one adopted in 2024, which had prompted the Commission to warn Malta and request that it fully implements the ECJ's ruling.

"That request still stands," the letter reads.

"Any derogation from the protection regime established by the Birds Directive needs to be strictly applied and enforced in accordance with the conditions laid out in Article 9 of that Directive," the letter reads.

"The Commission services are currently assessing the new 'research derogation' adopted on 17 October 2025. If EU law is not complied with, the Commission may decide to take additional enforcement steps such as referring Malta back to the Court of Justice of the European Union," it concludes.

BirdLife welcomed the European Commission's stance, saying that it is a "clear confirmation that the European Commission has not approved or endorsed Malta's derogation which clearly violates the judgment of the European Court of Justice of 19 September 2024.

"Both last year's so-called research season and the one currently open are aggravating Malta's position before the European Union through a clear breach of the EU Birds Directive and the European Court of Justice ruling of 19 September 2024," BirdLife said.

BirdLife reiterated that the Maltese government "has failed in using this research excuse to continue the trapping of finches", which should have been stopped as declared by the European Court of Justice judgment of 21 June 2018.

In a reply on his Facebook page, Minister Clint Camilleri said that only the European Court of Justice can ultimately confirm whether Malta's scientific research derogation is contrary to EU law. The European Commission, in its communication to BirdLife Malta, never stated that the derogation breaches EU law but rather that it is still being evaluated, he said.

Regarding the research derogation, the Court recognised that Malta's legal framework is detailed and precise, but found that the declaration lacked adequate final justification. Malta has taken this judgment into account and has refined its 2024 declaration to include more comprehensive reasoning, ensuring it aligns completely with the Court's decision, Camilleri added.

"Despite criticism from some quarters, I have continued to stand firm and clearly present the government's consistent position in defence of the interests of our local enthusiasts and traditional practices. Nothing will discourage us," he said.

The government remains steadfast in its commitment to protect and support all cultural and recreational traditions, including this particular sector, Camilleri said. "We will continue to build our approach through constructive dialogue with the European Commission while ensuring full compliance with European law and a sustainable future for Malta's natural heritage," he said.

We love Malta much more than you think, BirdLife's chief executive Mark Sultana said in reply.

"You are trying to play the narrative that we are against our country. When it comes to the protection of our country's birds, we have certainly done much more than you have done," he wrote on Facebook.

"As an NGO, we have very little power to stop you. You bulldoze over every suggestion we have made. You have never paid attention. Even when we asked that Maltese schools have a zone around them so that hunting does not take place in them," he said.

"We suggest it because we love Malta. Because in Malta there are not only hunters here. But you only love hunters and trappers. Maybe because you are one of them. But you are right about one thing. Only the European Court can judge whether a derogation is illegal or not. Not us, or the European Commission, but not you or the Government either let's face it."

"Citizens and civil society have the right and obligation to communicate with the European Union and what you are trying to intimidate us, a tactic that goes against the values of the EU."