BirdLife Malta wants Brussels to take action on finch trapping derogation

BirdLife Malta is asking the European Commission to take the government to task for again opening a derogation for finch trapping under the guise of scientific research.

In an open letter to Maroš Šefčovič, EU Executive Vice President and Commissioner for Environment, BirdLife Malta is calling for urgent EU action against Malta’s finch trapping derogation.

“The situation is dire, and not only will tens of thousands of protected finches be trapped to die after months in captivity eventually, but the very fundamental principles of the rule of law have been severely breached,” the letter reads.

Despite Malta’s 2009 commitment to phase out trapping as part of its EU accession, the Maltese government has repeatedly reintroduced trapping under the guise of scientific research, in violation of EU law.

The European Court of Justice (ECJ) ruled in 2018 and again in 2024 (case 23/23) that finch trapping is illegal, but Malta has ignored these rulings and continues to allow trapping through deceptive legal notices.

BirdLife Malta stresses that the government’s actions undermine the rule of law and urges the EU Commission to take immediate action under Article 260 of the Treaty to stop this illegal practice and hold Malta accountable.

“BirdLife Malta has to insist on the EU Commission taking this matter seriously and urgently. Prime Minister Dr Robert Abela has no intention of doing what is right unless he faces the full determination of the EU Commission for his actions.”

In a legal notice published on Sunday afternoon, the government published details of its derogation under Article 9 (1) (b). The "research period" was opened on Sunday, and will last until 20 December 2024.

While the trapping of birds under the Birds Directive is illegal, Malta has twice been ordered by the EU Court that its derogations under Article 9 were not valid.

Reflecting previous arguments made by hunting lobby FKNK on the selected trapping and scientific ringing of birds by ornithologists, the legal notice states that finch trapping is required to establish where finches that migrate over Malta in autumn come from.