Ivan Camilleri in Brussels

The European Commission yesterday issued a final warning to Malta to ban spring hunting or be hauled before the European Court of Justice.
More than a year after its first warning to Malta and numerous meetings between the two parties later, Brussels has decided to send a "reasoned opinion" on the matter, the second of its three-stage infringement procedure.
The reasoned opinion spells out clearly why Malta should change its laws and do away with spring hunting from next year.
A Commission source yesterday told The Times that this is the last chance for Malta to come in line with EU law if it wants to avoid the issue being decided by the courts, which might impose a hefty fine on the island.
"We have been discussing the issue with the Maltese authorities since July 2006 when we issued our first letter of formal notice," the source said.
"Malta has replied, although with a delay, to our concerns. However, we still think that Malta's arguments do not hold water and thus we have now decided to step up our legal action."
Malta has now been given another two months to change its laws or give valid legal reasons why it should continue to allow hunting in spring.
"If we are still convinced that we are right in our claims, we will have no other option but to take Malta to court," the source said.
"As things stand, and knowing the Maltese arguments and political climate, we are almost sure that Malta will choose to face the music in front of the courts."
The Maltese authorities had already made it clear that they do not agree with the Commission and that they are ready to challenge the EU executive in court.
The Commission yesterday explained that the final written warning to Malta concerns the hunting of quails (Coturnix coturnix) and turtle doves (Streptopelia turtur) during spring.
"The hunting of these migratory birds takes place during their return from Africa to breeding grounds in Europe, before they have had a chance to reproduce. The impact on bird numbers is therefore more significant than it would be in autumn or winter, after the breeding season. The Commission believes that alternative solutions to spring hunting exist, in this case the possibility to hunt the two species in the autumn," a Commission statement said.
Malta is the only EU member state which permits spring hunting.
Before yesterday's decision, European Environment Commissioner Stavros Dimas had already signalled the possibility of stepping up action against Malta. Replying to a Maltese woman taking part in an online discussion last Monday, he said he would not permit spring hunting to carry on.
"I can assure you that the Commission is committed to ensure full implementation of the Birds Directive in Malta and has made it clear to the Maltese government that this spring hunting is not compatible with Community law," he wrote to Daniela, who identified herself as a member of BirdLife.
"Should this (reasoned opinion) not lead to a positive outcome, the Commission will have no choice but to initiate action before the European Court of Justice," he concluded.
Meanwhile, BirdLife International yesterday welcomed the decision. BirdLife International and BirdLife Malta have been among the most vociferous campaigners against spring hunting in Malta.
"We are pleased to see firm action now coming from the Commission on this," said Konstantin Kreiser, EU Policy Manager at BirdLife in Brussels.
He said the Commission needed to be tough on this case.
"BirdLife now calls on the Maltese government to respond to the Commission's warning by officially declaring the end of spring hunting in Malta, for 2008 and beyond. If it fails to do so, BirdLife will urge the European Commission to apply to the European Court of Justice for an immediate order."
Tolga Temuge, chief executive officer of BirdLife Malta added: "Allowing another spring hunting season in 2008, despite clear warning from the Commission, would not only mean that the Maltese government does not want to fulfil its obligations as an EU member but would also be a slap in the face of its citizens who are overwhelmingly against spring hunting.
"Moreover, every open spring hunting season has been used as a cover by many Maltese hunters to shoot protected species, many of which are threatened with global extinction, such as the Lesser Kestrel, Saker Falcon, Pallid Harrier and others."

TOM 19.10.2007

Spring hunting issue

At this stage the European Court will only decide on interpretation, ministry says

If the European Court of Justice is asked to look into the issue of spring hunting in Malta, there will only be a decision on the interpretation of the Birds Directive and no fines would be imposed at this stage, the Ministry for Rural Affairs and the Environment said yesterday.

The ministry was reacting to yesterday's front page article in which a European Commission source was quoted as saying that this was Malta's last chance to come in line with EU law on spring hunting "if it wants to avoid the issue to be decided by the courts, which might impose a hefty fine on the island".

The ministry said that if the case does go to court, the European Court of Justice will, in this case, only decide on the interpretation of the Birds Directive. "It is incorrect to state that the ECJ will impose fines at this stage. If the ECJ decides in favour of Malta's interpretation, then the case stops there.

"If, on the other hand, the ECJ decides in favour of the Commission's interpretation, Malta will be called upon to comply with this decision. If Malta fails to comply with this decision, the Commission will institute a case for Malta's non-compliance with the ECJ's decision. Fines are only imposed at the conclusion of this second process. The government has already made it clear that it will abide by the decision taken by the ECJ," the ministry said.

Asked yesterday to comment on the European Commission's decision while attending the EU summit in Lisbon, Prime Minister Lawrence Gonzi preferred not to comment on the matter while at the summit.