Hunters accuse government of deliberately inviting EU proceedings over trapping law

Hunters' federation accuse government of incorrectly applying derogations from EU law to invite infringement proceedings.

Hunters claim the Maltese government can allow a limited form of trapping by derogating from the EU ban on trapping.
Hunters claim the Maltese government can allow a limited form of trapping by derogating from the EU ban on trapping.

Additional reporting by Bianca Caruana

Hunters' Federation FKNK has accused the Maltese government of deliberately applying derogations from the Birds Directive incorrectly, inviting infringement proceedings from the European Commission against the interests of the hunting and trapping community.

In a press conference held outside the Office of the Prime Minister, which is the ministry responsible for the environment, FKNK president Joe Perici Calascione said a letter from the European Commission confirmed that the Maltese government was refusing technical guidance from the EC on how to apply the derogation correctly.

The government recently opened the trapping season on 1 November 2011 only for song thrush, after the FKNK filed a judicial protest against the OPM's refusal to open the hunting season for trapping back in September.

However, the FKNK is saying that the derogation from the Birds Directive - which bans trapping - is once again not being applied properly for the trapping season.

Perici Calascione said that the government had previously refused to answer to a letter from the European Commission in 2010, which led to a letter of formal notice in June 2011 from the EC announcing it was launching infringement proceedings over the opening of the trapping season for the past four years.

Perici Calascione said that on 5 October, 2011, the EC also informed the FKNK that it had already "warned" the government that it was applying the derogation incorrectly.

Reading the letter, Perici Calascione said that the Maltese government also refused guidance from Brussels on how to apply the derogation:

"Whilst the EC will continue its infringement proceedings against the Maltese government, our service will of course remain available if so requested, to engage in technical discussions with a view that any potential trapping derogation fully respects the strict requirement of the Birds Directive," the Commission said in its letter.

"We don't think this is a simple coincidence," Perici Calascione said. "When one considers the facts as presented, the FKNK is justified in thinking these problems are originating from the government and not the European Commission."

FKNK is claiming it has held formal meetings and personal discussions with EU officials who informed them that the opening of the hunting season for the trapping of Golden Plover and Song Thrush is still possible.

In September 2011, the Office of the Prime Minister turned down the Ornis Committee's recommendation to open the trapping season in autumn, claiming there was insufficient information and data to derogate from the Birds Directive's ban on finch-trapping. It later opened the season from 1 November for the trapping on song thrush.