Malta yesterday moved a step closer to being taken before the European Court of Justice for allowing birds to continue being trapped against EU rules.
Just a day after the Ornis Committee recommended a fully fledged trapping season to open this autumn, the European Commission issued its second and final warning to the government asking it to halt trapping.
The Commission yesterday also slapped the island with an infringement on a banking directive and, at the same time, closed two infringement procedures opened years ago on spring hunting and the Marsa power station.
In the case of the trapping season, if Malta chooses to ignore the warning, Brussels could decide to proceed with its infringement procedure and take Malta to the ECJ.
If Malta fails to act within two months, the case may be referred to the European Court of Justice
The Commission said that, following its first warning last year, the College of Commissioners decided to issue a reasoned opinion – the second of a three-pronged legal process – urging Malta to refrain from finch trapping.
“If Malta fails to act within two months, the case may be referred to the European Court of Justice,” Brussels warned.
According to the Birds Directive, trapping is outlawed across the EU. However, member states can use a derogation to allow trapping but have to justify the absence of other satisfactory solutions. The Commission argued there was no scientific justification for Malta to allow finch trapping. But the government insists it can justify the use of the derogation and will continue to defend its corner.
During accession negotiations with the EU, Malta was given a five-year temporary transitional period to scale down trapping and bring it to an end by 2008. Finch trapping was then stopped, to the trappers’ dismay.
After Labour returned to power, the government reintroduced the trapping of finches (in 2014) and the Commission started legal procedures against Malta immediately.
At its monthly infringements meeting in Brussels yesterday, the Commission also asked Malta to come in line with EU banking rules without further delay.
Malta has so far failed to put into its law books a new directive on bank recovery and resolution that gives member states the tools and powers to mitigate and manage the distress of failure of banks or large investment firms.
Malta was to implement the directive by the end of last year. The government yesterday said the legislation should be approved by Parliament shortly.
The two infringement procedures closed were on spring hunting and carbon emissions from the old Marsa power station. Brussels said this followed the satisfactory solution of the issues, particularly the introduction of rules on a limited spring hunting season and the closure of the power station.
Birdlife said the Commission’s decision was welcome news.