European Commission confirms finch-trapping derogation not in line with ECJ ruling – BLM

European Commission confirms finch-trapping derogation not in line with ECJ ruling – BLM
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BirdLife Malta has welcomed the clarification received from the European Commission regarding Malta’s so-called “research derogation” for finch trapping.

The NGO said in a statement on Saturday that, “in a letter addressed to BirdLife Malta Chief Executive Mark Sultana, the European Commission confirmed that Commissioner Jessika Roswall did not endorse Malta’s finch-trapping framework during her meeting with Minister Clint Camilleri on 15th of October 2025.”

“Instead, BirdLife Malta noted from the letter that, “the Commissioner requested further information on how the Maltese authorities intend to fully implement the ruling of the Court of Justice of the European Union (C-23/23).”

The Commission reiterated that its letter of formal notice sent to Malta in February 2025 still stands and that it is currently assessing the new derogation adopted on the 17th of October 2025. It further stated that, “should EU law not be complied with, it may refer Malta back to the Court of Justice of the European Union.”

BirdLife Malta noted this “as clear confirmation that the European Commission has not approved or endorsed Malta’s derogation which clearly violates the judgement of the European Court of Justice of 19th of September 2024.”

The NGO insisted that, “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 19th of September 2024.”

BirdLife Malta concluded by reiterating 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 judgement of the 21st of June 2018.”

Finch in cage at Marsascala by BirdLife Malta

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