Updated: Malta to contest Commission's claims on spring hunting infringement

The Commission said Malta had failed to comply with the ECJ ruling, in particular over legislation permitting future spring hunting seasons for turtle dove and quail.

“Despite being found guilty by the European Court of Justice in September 2009 of breaching the EU Birds Directive by permitting spring hunting between 2004 and 2007, Malta again opened a spring hunting season this year,” BirdLife Malta said.

Malta also adopted a framework legislation in 2010 making it possible to open future spring hunting seasons of up to 3 weeks in duration with a bag limit of 25,000 birds.

In its reply, the government said Malta had made it clear prior to the ECJ judgement that it would abide by whatever ruling was given by the Court on this matter.

“In this respect, the government stands by everything it has done to adhere to the Directive and the ECJ ruling, including the adoption of the new legislation that it has put in place,” the department of information said.

The government said that the Framework Regulations do not ‘seek to permit’ or ‘permit’ spring hunting as the Commission claims.

“Instead, these Framework Regulations provide a general framework for a restrictive opening of a spring hunting season derogation, in accordance with Article 9 of Directive 79/409/EEC and the Court’s ruling; this means that of themselves they do not permit hunting in spring, but only set the parameters for a possible opening of a spring hunting season for Turtle Dove and Quail in future years as appropriate.”

The government added that these Framework Regulations served as the basis for applying a derogation opening of the 2010 spring hunting season, which was opened after lengthy discussions with the Commission.

The Commission claims that the Framework Regulations are not in compliance with the principle of proportionality as upheld by the Court in its ruling. The Commission also makes reference to a three-week hunting season permitted by these Regulations.

The maximum number of birds which Malta has permitted to be hunted in spring has also been objected to by the Commission on the grounds that it does not maintain the populations of the species at a satisfactory level.

Malta is submitting that the hunting laws are complaint with the maximum three-week spring hunting season in April as laid down in the regulations, and that its 25,000 bag limit was in line with “changes to the conservation status of the two species” (turtle dove and quail).

“These provisions therefore reflect the principle of proportionality as established by the Court… Malta will continue its dialogue with the Commission to understand any concerns which the Commission might still have.”

Through the Letter of Formal Notice the Commission is initiating infringement proceedings against Malta on three main issues related to the conservation status of the species being hunted and the principle of proportionality.

“In its Letter of Formal Notice, the European Commission is obliging Malta to take into consideration the conservation status of the two species, threatening Malta with legal action again,” BirdLife president Joseph Mangion said.

The Commission’s own guidance document on the Birds Directive states that no derogations may be applied for Species of Conservation Concern in Europe, a status applied to both Turtle Dove and Common Quail due to their continuing population declines at a European level.

The Commission is obliging Malta to also take into consideration the autumn hunting season, during which both birds may be hunted for a five month period in Malta. Data from the Carnet de Chasse, recently released by MEPA, shows that following the ban on spring hunting in 2008 the number of Quail shot that autumn equalled those shot the following spring, demonstrating that there are sufficient numbers of this species to shoot in autumn.

If Malta ignores the latest legal action, the Commission may take Malta to the European Court of Justice under article 260 of the Lisbon Treaty. If the court then finds Malta guilty, fines will be applied.