During today’s hearing by the European Court of Justice in Luxemburg on the Malta spring hunting case, Malta argued that spring hunting of Turtle Dove and Quail does not have a satisfactory alternative, and should therefore be retained. The Commission refuted this, referring to Derogation Reports submitted by the Maltese government showing that both species are caught in sufficient numbers in autumn.

Following today’s hearing the European Court of Justice Advocate General is in the coming months expected to present its opinion to the Court, following which a Ruling will be taken on the Malta Spring hunting case.

In 2008 the European Commission took Malta to the European Court of Justice for having allowed spring hunting and trapping of Turtle Dove and Quail from Malta’s date of Accession in 2004 to 2007 (1). On the 25th of April 2008 the Court issued interim measures ordering the Maltese government not to open a spring hunting season until a final ruling is given.

In February this year Commissioner to the Environment Stavros Dimas stated that “the Commission would again apply to the Court for interim measures should Malta permit the hunting of birds during the spring period in 2009.”(2)

However, as announced earlier this year by Prime Minister Dr Gonzi on a popular TV program, the government did not open a spring hunting season this year. BirdLife welcomes this move as a sensible step towards bringing hunting in line with the Birds Directive.

The case revolves around whether Malta has the legal right, under the Birds Directive, to grant a derogation permitting spring hunting, which is prohibited in all Member States. In its application to the Court, the European Commission argued that such a derogation was not legally permissible, because autumn hunting presents an alternative solution to spring hunting in Malta. (3)

BirdLife shares the Commission’s view and stressed that it also sees the autumn hunting season as a feasible alternative for Turtle Dove and Quail.

The Maltese government this year also applied for a hearing at the ECJ, which was accepted leading to today’s hearing. In the coming months the Advocate General will present an opinion on the case before the ECJ in open court.

Presenting a guidance document on sustainable hunting, in March this year the European Commission stated that “certain species can be hunted outside breeding and prenuptial (or spring) migration periods. These closed periods are critical and allow wild birds to renew their numbers.”(4)

Notes:

1. Following a complaint by BirdLife in 2005, the European Commission initiated proceedings against Malta for opening the spring hunting season from the date of Accession to 2007. This resulted in Malta being taken to the European Court of Justice and an interim measure preventing the government from opening the spring hunting season, applied in 2008. For more details visit:
http://birdlifemalta.org/media/press/hunting/view.aspx?id=87

2. In a response to a parliamentary question EC Commissioner to the Environment Stavros Dimas confirms that another interim measure will be applied if Malta opens the season. The full comment can be seen here:
http://www.europarl.europa.eu/sides/getDoc.do?type=WQ&language=EN&reference=E-2008-6763&secondRef=0

3. To view the full press release by the European Commission announcing that that Malta will be taken to court, please visit:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/153&type=HTML&aged=0&language=EN&guiLanguage=en

4. To view the European Commission press release visit:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/398&format=HTML&aged=0&language=EN&guiLanguage=en

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