Update 2 with Government response and second BirdLife statement below – European Court of Justice (ECJ) Advocate General has delivered Opinion on EC court case against Malta, it states that the present trapping arrangements “do not respect Malta’s obligations under EU law.”

BirdLife Malta in a statement has welcomed the Opinion delivered this morning in Luxembourg by Eleanor V. E. Sharpston, Advocate General at the ECJ, in regard to the Infringement Proceedings initiated by the European Commission against Malta which resulted in the Maltese Government being taken to the European Court in October 2015 on the trapping of seven species of wild finches.

BirdLife said that the recommendations by Advocate General Sharpston, now to be considered by the Court of Justice of the European Union which will deliver its final verdict later on this year, “could spell another step towards the end of finch trapping in Malta.”

The NGO added that the Advocate General, in her Opinion conclusion, states that “the Court should rule that by opening a trapping season for finches, the Republic of Malta has clearly failed to fulfil its obligations to abide with the Wild Birds Directive.”

She states that she is “entirely convinced that the present arrangements do not respect Malta’s obligations under EU law.”BirdLife Malta said that it is pleased to note that in all sections of the document, the Advocate General states that “Malta’s finch trapping regulations were in breach of the Wild Birds Directive.”

BirdLife went on to say that it “cannot but notice that the ECJ Advocate General has mentioned various facts that solidify the argument that it was a mistake to reopen finch trapping seasons since 2014. This, after finch trapping was phased out in 2009 as per Malta’s Accession Treaty to the EU.”

The NGO added that, “at face value, it is clear that in her Opinion the Advocate General has turned down all of Malta’s arguments,” it said “among which, those in relation to:

(i) “‘judicious use’;

(ii) trapping as a ‘tradition’;

(iii) the argument that there is ‘no other satisfactory solution’;

(iv) the use of clap-nets as a medium of capture that can be derogated, and

(v) the fact that these type of nets are a method of capture that is both large-scale and non-selective.”

“The Advocate General also questions the capabilities of enforcement, and expresses serious doubts as to the credibility of the methodology used by Malta,” BirdLife said. “She also expresses strong doubts that Malta can demonstrate that the populations of the seven species of finch can be maintained at a satisfactory level.”

To the contrary, BirdLife said, “she states that it may even be that there is some risk that the use of clap-nets by 4,000 licence holders over a trapping season of 73 days may, potentially, be capable of causing the local disappearance of a species.”

According to BirdLife, she is also critical of the fact that “instead of addressing any of the above-mentioned issues, Malta places emphasis on the fact that the use of such nets is traditional.”

BirdLife also commented that “the Advocate General’s Opinion is consistent with our repeated position that environmental laws, including the Wild Birds Directive, were enacted to protect birds – not to regulate hunting or trapping them”; and also that “Member States do not have a carte blanche to derogate.”

“The AG Opinion also shows that the Government was given the wrong advice by the hunting and trapping organisations,”BirdLife Malta remarked

In conclusions, BirdLife Malta said that, “the AG’s recommendations clearly go to show that political promises do not justify the adoption of a derogation. In view of this, BirdLife Malta reiterates its position taken during the latest Ornis Committee meeting that the Government should not accept the recommendation by Ornis to open this year’s trapping season before a final verdict is delivered by the ECJ later on this year.”

To know more about the history of finch trapping in Malta click here.

Update: Government response

The Ministry for the Environment, Sustainable Development and Climate Change, in a statement has said that it has taken note of the opinion put forward by Advocate General Eleanor Sharpston on the finch trapping case.

The Ministry said that it also noted “that the Advocate General’s Opinion is not binding upon the European Court of Justice and believes it is premature to speculate or comment on the eventual outcome of the case, and shall await the final verdict of the Court expected in the coming months.”

It concluded by saying that, “the situation will thus be evaluated and appropriate decisions will be taken on the basis of the analysis of the final verdict in due course.”

Update 2 – BirdLife Malta reaction

In a press conference this afternoon, BirdLife Malta said that “whilst not necessarily sharing the same thoughts in regard to the way the AG Opinion has been interpreted by the Ministry, BirdLife Malta welcomes the clear statement by the Maltese Government that it will wait for the final ECJ verdict before taking any decision on the next trapping season.”

BirdLife added that, “this clearly means that the Ornis Committee recommendation will not be taken on board before the ECJ verdict is out. We also urge the Government to suspend all actions and preparations which have or are being made in relation to finch trapping.”

Photos: Finch trapping in the north of Malta and trapping site in Gozo – both photos by BirdLife Malta

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