Gozo Minister Clint Camilleri has welcomed the vote in favour of the Ornis Committee on the proposed
application of a derogation from Article 9 (1) b of the Birds Directive for trapping on seven species of songbirds “for research.

The Gozo Minister earlier this month, said that as the Ministry responsible for regulating hunting and trapping, he had written to ask the Ornis Committee to “discuss and advise the Government” on the application of a derogation for the “trapping of songbirds for research purposes.”

In a letter or reply to Minister Camilleri, the Ornis Committee advised that it had taken into consideration the content of the notification of the derogation, the proposed legal framework, as well as legal advice.

The decision was taken with 5 Ornis committee members voting in favour, BirdLife Malta against and the ERA abstained, citing cross-reference between the legal framework and regulations on conservation of wild birds.

FKNK requested the 20-square metre nets be replaced with 38-square metre ones, as well as a permit for using pre-recorded ringing for songbirds, in cassettes. The Committed voted in favour of both. 5 members in favour, BLM abstained on nets, and voted against recorded ringing. ERA abstained on both.

The research period, according to the derogation, is from the 20th of October, until the 20th of December, Ornis said.It also noted that the result of a public consultation, is discussed during the next Ornis meeting. The consultation is expected to close on the 15th of September. The public online consultation is available by clicking here.

In June 2018, the ECJ declared that, by adopting a derogation regime allowing the live-capturing of seven species of wild finches, Malta has “failed to fulfil its obligations under the European Wild Birds Directive.”

The judgement noted that “by adopting a certain derogation regime allowing the capture of seven species of wild birds, Malta has failed to fulfil its obligations under EU law.” The decision could not be appealed.

The ECJ judgements said that “an EU Directive provides that Member States must take the requisite measures to establish a general system of protection for several bird species.”

“Nevertheless, Member States may derogate from that obligation where there is no other satisfactory solution, to permit, under strictly supervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers,” said the ECJ.

Camilleri, in his original letter to the Ornis Committee said that “this should lead, among other things, to the establishment for reference of the song bird population, with a view to applying for a another derogation in the future”

File photograph: Finch trapping – photo by BirdLife Malta

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