BirdLife Malta and BirdLife International said today that they welcomed the European Commission’s requests to the Maltese Government to comply with the European Court of Justice ruling on bird hunting, in particular over legislation permitting future spring hunting seasons for European Turtle-dove Streptopelia turtur and Common Quail Coturnix coturnix by issuing a Letter of Formal Notice.

Birdlife said that despite being found guilty by the European Court of Justice in September 2009 of breaching the EU Birds Directive by permitting spring hunting between 2004 and 2007, Malta again opened a spring hunting season this year. Malta also adopted a framework legislation in 2010 making it possible to open future spring hunting seasons of up to 3 weeks in duration with a bag limit of 25,000 birds.

Through the Letter of Formal Notice the Commission is initiating infringement proceedings against Malta on three main issues related to the conservation status of the species being hunted and the principle of proportionality, the NGO said.

"In its Letter of Formal Notice, the European Commission is obliging Malta to take into consideration the conservation status of the two species, threatening Malta with legal action again," stated Joseph Mangion, BirdLife Malta President. "As we have consistently pointed out, it is not the status of the species at an international level that is of importance in this case, but its European conservation status."

The Commission’s own guidance document on the Birds Directive states that no derogations may be applied for Species of Conservation Concern in Europe, a status applied to both Turtle Dove and Common Quail due to their continuing population declines at a European level. There are also a range of other conditions which need to be met before any member state can apply a derogation permitting spring hunting.

The Commission is obliging Malta to also take into consideration the autumn hunting season, during which both birds may be hunted for a five month period in Malta. Data from the Carnet de Chasse, recently released by MEPA, shows that following the ban on spring hunting in 2008 the number of Quail shot that autumn equalled those shot the following spring, demonstrating that there are sufficient numbers of this species to shoot in autumn.

The maximum number of birds which Malta has permitted to be hunted in spring has also been objected to by the Commission on the grounds that it does not maintain the populations of the species at a satisfactory level.

If Malta ignores the latest legal action, the Commission may take Malta to the European Court of Justice under article 260 of the Lisbon Treaty. If the court then finds Malta guilty, fines will be applied.

"The Commission’s latest action shows that, as expected, Malta’s continuing persistence in opening a spring hunting season is being addressed at the very highest levels of the European Commission, and again brings Malta one step closer to the European Court of Justice," Birdlife concluded.

Permalink: BirdLife welcomes EC letter against Malta for spring hunting