BirdLife Malta today filed a judicial protest against the Malta Environment and Planning Authority (MEPA) for failing to honour the legally binding Co-Financing agreement the Authority signed towards the LIFE+ Information Project on Bird Migration and Trapping.
BirdLife’s Judicial Protest states that MEPA’s media release issued on 4 February denying that the Authority entered into any formal commitment to sponsor the project and that BirdLife had failed to meet MEPA’s “condition” to involve hunters and trappers, is factually and legally incorrect.
“MEPA indeed signed the official Co-Financer Commitment Form on 7 July 2008 which is part of the project proposal approved by the European Commission.” said Dr. Franco Vassallo who filed the judicial protest on behalf of BirdLife. “The only condition MEPA made to ensure payment was that the project had to be approved by the Commission. How can MEPA now accuse BirdLife Malta for not honoring an obligation to involve trappers when said obligation didn’t exist?” charged Dr. Vassallo.
“Although it is evident that such a condition does not exist, the Project indeed includes actions that involve trappers and the trappers associations, and this is clearly written in the project proposal. MEPA was consulted throughout development of the project and indeed these actions were included. MEPA knows that these actions will start in April and continue till the end of the project.” continued Dr. Vassallo.
“Furthermore MEPA had originally agreed to assist an independent surveyor to conduct an initial trappers survey which would have enabled the project to prepare for meetings with the trappers. But MEPA declined to do so in January, thus blocking the very communication with trappers.”
“The Co-Financer Agreement signed by MEPA which forms part of the Project approved by the Commission was supposed to be followed up by a co-financiers document by MEPA just as a konvenju is followed up by a contract. However the Authority for reasons best known to itself, is refusing to sign the conclusive Co-financiers document.” concluded Dr. Vassallo.
The Judicial Protest states that MEPA’s behavior apart from being prima facie illegal goes against the primary aim of education regarding the Birds Directive and why the Directive bans trapping throughout the European Union.
Speaking in front of the Court House in Valletta, BirdLife Malta Executive Director Tolga Temuge said: “Since MEPA is under the Office of the Prime Minister, BirdLife had a meeting with the officials from the OPM on 6 January and requested an explanation. The Prime Minister’s Office however delayed to give an answer for over two weeks and finally sent BirdLife a one line message stating that it is in agreement with MEPA’s position.”
“It is unbelievable that the Prime Minister’s Office, which is supposed to be in charge of MEPA and the environment, does not even bother to explain how it can support MEPA’s position when all the evidence show that the Authority is in breach of a signed and sealed contract.” said Temuge.
“MEPA is supposed to be the Authority working to safeguard Malta’s environment. Yet, instead of making sure that the Accession Treaty Agreement Malta signed with the EU to stop trapping in 2009 and beyond is communicated to the trappers in the most effective way, the Authority for reasons known only to itself and the OPM, prefers to sit on the fence and unjustly issue false accusations against BirdLife.” concluded Temuge
BirdLife Malta demanded that MEPA withdraws its allegations about the conservation organization, honours its legal obligations and doesn’t use its failings as an excuse to undermine a project that has, as a central aim, the protection of the environment.
Photo shows BirdLife Malta Executive Director showing the Official Grant Agreement, signed and sealed by the European Commission containing the Co-Financier Form signed by MEPA.