Malta fails to convince Brussels on autumn trapping derogation

The European Commission has asked Malta to improve its protection of bird migration over autumn, and has called on it to correctly implement bird protection legislation.

The reasoned opinion is part of infringement proceedings Brussels has opened against Malta, which has to reply within two months or face action inside the EU Court of Justice.

Specifically, the Commission is not satisfied with Malta's claims that it has met all conditions to derogate from the EU's ban on trapping, when it opened the autumn season in 2011 for the trapping of Song Thrush. "The Commission still considers that Malta has failed to produce satisfactory supporting evidence and has applied the derogations, including the latest autumn 2011 derogation, incorrectly," the EC said.

In its reaction, the environment ministry said the autumn trapping derogation in 2011 was much more restrictive than in previous years "and certainly respects even the strictest possible interpretation of the Birds Directive."

In August 2011 the Maltese government sent a set of 'Policy Guidelines for Hunting and Trapping of birds in Malta' to the Ornis committee - the body represented by hunting lobby FKNK and conservationists BirdLife. The committee recommended the trapping of Song Thrush only based on these guidelines and the scientific data provided.

"This derogation was allowed because sufficient scientific evidence was produced to show that this species is in a favourable conservation status in the EU and because no alternative solution can be considered to exist since this species is only present in Malta during the autumn migration and because captive breeding attempts for this species have been largely unsuccessful," the ministry said.

The government will reply to the reasoned opinion and continue to engage in discussions with the Commission.

Under EU laws, trapping with large-scale or non-selective methods of capture such as nets is generally prohibited and may only be legally practised under a derogation from the so called Birds Directive. Such exceptions may only be granted if there is no viable alternative, if the member state respects the strict conditions of the Birds Directive's Article 9, and if it can prove to the Commission it has done so.

The Commission holds that Malta failed to submit sufficient evidence to prove the trapping season would ensure only a small number of birds are trapped; selective targeting of the species; and strict supervision of trapping conditions.