BirdLife Malta today revealed that the Ornis Committee has not presented government with any new recommendations on trapping since it became aware that the European Commission last June initiated infringement proceedings against Malta.

The government yesterday announced the opening a two and a half month Song Thrush trapping season starting today, Birdlife said government was stating that “this was based on Ornis Committee recommendations. The surprise announcement came just a few hours before opening the season and in a departure from normal convention the legal notice has not yet been published.”

“The decision to open this season was not based on an Ornis Committee recommendation although this is required under national law (1) and was also taken without a specific scientific analysis required by a Policy Guidance (2) on hunting and trapping issued by OPM,” Birdlife said.

“This policy recognises that trapping is not permitted under the Birds Directive and can only take place under derogation.” Birdlife went on, “The policy therefore requires that prior to government declaring a trapping season the Ornis Committee must also present an analysis showing how such a season can be justified as a derogation under the Birds Directive.”

“The policy was circulated to the Ornis Committee last August where the government communicated the requirement for an scientific assessment and analysis to asses the possibility for a derogation. To date no scientific study has been presented to the Ornis Committee.”

“The European Commission last June initiated infringement proceedings against Malta for permitting trapping. In a communication to BirdLife Malta, Joseph Hennon, Spokesperson to Commissioner for the Environment Janez Potocnik, clarified that the Commission does not feel that Malta’s derogation permitting the trapping of Turtle Dove, Quail, Golden Plover and Song Thrush meets the conditions required for a derogation to the Birds Directive.”

“Birdlife concluded, that “this year’s Song Thrush trapping season has opened under similar conditions as previous years, just five months after these proceedings. This could result in further legal action being taken against Malta by the Commission risking a court case which can incur financial penalties.”

(1) Sub regulation 6(c) of regulation 10 of LN 79 of 2006 specifies that the opening of trapping or hunting seasons need consider the recommendations made by the Ornis Committee, and will be announced by issuing a legal notice in the Government Gazette.

(2) In August 2011, the Ornis Committee was presented with a Policy Guidelines Document by OPM on hunting and trapping in Malta. The Policy states clearly that trapping is banned by the Birds Directive and that derogations will only be considered after scientific studies and assessments are carried out on the species the derogation is sought for. Accordingly no “derogation may be applied in the absence of clear scientific data and studies.”

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