MaltaMedia.com

The Government takes note of the Reasoned Opinion issued by the Commission regarding the alleged breach of the Birds Directive in relation to the trapping in autumn of four species of birds (Turtle Dove, Quail, Golden Plover and Song Thrush). The Commission is claiming Malta’s practice of autumn trapping since 2004 does not comply with all the conditions and requirements under the Birds Directive.

The Government has already explained to the Commission that in the years 2004 - 2010 the application of autumn trapping derogations were based on studies, assessments, recommendations, supervision, enforcement and penalties as provided for in Malta’s 2006 Regulations which transpose the Birds Directive and that these were fully in line with EU law.

Moreover, it is a fact that the autumn trapping derogation granted 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 Government sent a set of ‘Policy Guidelines for Hunting and Trapping of birds in Malta’ to the Malta ORNIS Committee; these Guidelines are intended to ensure full respect of the Birds Directive while also allowing for full respect of the rights of hunters and trappers under EU law. In fact, on the basis of these Guidelines, and in view of the scientific data which was provided by the Malta ORNIS Committee, the 2011 autumn trapping derogation was only granted for one species of birds, namely Song Thrush. 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 Government maintains that the strict parameters used for the 2011 derogation serve as clear proof of its commitment to ensuring that any trapping derogation is applied in line with strict parameters that preserve the conservation objectives of the Birds Directive.

The Government will reply to the Reasoned Opinion and will continue to engage in discussions with the Commission.