Birdlife Malta has said that following the claims made by Prime Minister Lawrence Gonzi that Malta has reached an agreement with the European Commission over the spring hunting issue, it has today released correspondence with the European Commission that denied any such agreement has been reached with Malta.

BirdLife Malta said it “is forced to release the full communiqué from Mr Joe Hennon, Spokesperson for Environment Commissioner Janez Potocnik, with confirmation from the European Commission, and with the sole purpose of informing the Maltese public about the true nature of the discussions between the Maltese authorities and the Commission.”

In his letter to BirdLife Malta Executive Director Paul Debono on 1st April, Mr Hennon wrote that “The fact that the Commission welcomes the above-mentioned legislative amendments does not mean that the Commission has come to any ‘agreement’ or that it has reached any ‘deal’ with the Maltese Government over the application of any particular spring hunting derogation in the future.”

BirdLife said it reiterates its position that the onus of responsibility for opening a spring hunting season in 2011 and beyond lies solely with the Maltese government, and should the Commission consider taking further legal action under Article 260 of the Lisbon Treaty Malta can end up at the European Court of Justice, facing fines at the expense of the Maltese tax payer.

In his letter Mr Hennon stated that the Commission will use all the necessary means available to it to ensure that the ECJ ruling and the Birds Directive are respected, including the possibility of taking legal action.

The government yesterday issued a legal notice opening an 18 day spring hunting season between the 13th and 30th April this year. The government also set a bag limit of 9,000 Turtle Dove and 2,500 Quail.

An important change in this year’s spring hunting season is the removal of the limit of 2,500 spring hunting licenses. CMRU figures show that there were 10,387 licensed hunters during the 2010 autumn hunting season who can now all apply for a spring hunting license, Birdlife said.

“A season of nearly three weeks and the removal of the cap of 2,500 hunting licenses are exactly what the hunting lobby demanded last year,” said Paul Debono, BirdLife Malta Executive Director.

“Now the Prime Minister wants people to believe that the whole spring hunting fuss was about almost one bird per hunter, which is expected to be ‘hunted’ over an 18 day period. The Commission and the Maltese public will see straight through this charade of a spring hunting season,” Mr Debono concluded.

Below is the full text of the message sent by Mr Joe Hennon, Spokesperson for Environment Commissioner Janez Potocnik, to BirdLife Malta on 1 April 2011. (The underlining has been added by BirdLife Malta);

Dear Mr. Debono,

Your understanding is correct. The purpose of discussions with the Maltese authorities was to resolve the shortcomings identified by the Commission in relation to Malta’s legislation which the Commission considered not in line with the Court’s judgment of 2009. The fact that the Commission welcomes the above-mentioned legislative amendments does not mean that the Commission has come to any ‘agreement’ or that it has reached any ‘deal’ with the Maltese Government over the application of any particular spring hunting derogation in the future. It is simply a recognition, at this stage, of the important legislative changes which were adopted to ensure that Malta’s Framework Regulations may comply with the Court’s judgment and the strict conditions laid down in the Birds Directive.

The Commission’s positive opinion on the above-mentioned legislative changes can not be taken as a “carte blanche” to open spring hunting derogations in Malta every year on an indefinite basis. It will still remain for Malta, before opening any particular spring hunting derogation, to determine whether all the conditions, laid down in Article 9.1. c of the Birds Directive, for opening a season are met.

It is the responsibility of the Member States to take all the necessary measures to ensure compliance with EU legislation at all times and it is therefore primarily the responsibility of the Maltese Government to make sure that any particular spring hunting derogation will be applied in full compliance with the strict criteria laid down in the Birds Directive.

The Commission will, of course, continue to closely monitor the situation and the application of the Framework Regualtions in practice, and in particular it will look into the effectiveness of the current system of enforcement if a future derogation is decided.

The Commission will use all the necessary means available to it, including the possibility of taking further legal action if necessary, to make sure that any spring hunting derogation in Malta ensures full respect of the strict criteria laid down in the Directive and in the Court’s judgment.

Best wishes,

Joe Hennon

Spokesperson for Environment Commissioner Janez Potocnik

European Commission

Permalink: BirdLife states no agreement over spring hunting reached