Updated 1.45pm
Malta's trapping of protected finches for "research purposes" is illegal, the European Union's top court has ruled.
The European Court of Justice judgement is final and Malta risks paying penalties should it fail to comply.
“The finches project does not establish a genuine research purpose and hence cannot be considered as being justified” the European Court of Justice said on Thursday.
In a reaction to the ruling, the government said it remained "resolute in defending the lawful practices of hunters and trappers".
It was currently examining the judgement in detail to plan a way forward.
The Opposition meanwhile called for a "serious dialogue" to find a way for bird trapping to be carried out "sustainably" and through a plan that ensures the trappers' interests are protected while avoiding any breach of the EU Birds Directive.
Malta was given a few years to ban finch trapping when it joined the EU in 2004.
It had done so by 2009 although enforcement against the practice was weak.
In 2014, Malta made Finch trapping legal again: back then the government banked on a provision in the Birds Directive that allowed the capture of protected birds in “small numbers”.
However, the government had to repeal that provision after the government lost a court case raised by the Commission.
The trapping of wild finches using nets and cages was then forbidden under the EU’s Birds Directive in 2018, however, the Maltese government has long tried to keep the practice alive.
In 2020 the government said it was allowing the trapping of seven species of wild finches, claiming the EU directive allowed the practice “for the purposes of research and teaching, of re-population, of re-introduction and for the breeding necessary for these purposes”.
Hunters were allowed to catch the birds, ring them and re-release them as part of the "study".
The government had insisted the capturing of wild finches answered the scientific question: “Where do finches that migrate over Malta during post-nuptial (autumn) migration come from?”
The European Commission disagreed, saying Malta’s argument was a “cover-up” to continue the practice of trapping as a hobby. It subsequently launched a court case against the government.
The court on Thursday sided with the Commission saying Malta’s finches project had no genuine research purpose and the government had therefore failed to align with European law.
"The court finds that by adopting a derogation allowing the live capture of individuals of seven species of wild finches... Malta has failed to fulfil its obligations," the court said in a statement following the ruling.
The court noted that finch trapping in Malta was not based on scientific methods, was inappropriate for attaining the government’s declared scientific goal and pursued an objective that did not contribute to the conservation of wild finches.
"It appears that the declarations of 2020, 2021 and 2022 authorising the trapping of finches of the species concerned during the ‘research periods’ of 2020, 2021 and 2022 do not contain any precise and adequate reasoning as to why there is no such solution and do not even mention other scientific research methods currently used in the ornithological field."
Activists have long slammed the so-called research, with the Committee Against Bird Slaughter calling it "poaching under the cover of pseudo-science".
Government reacts
In a statement, the government acknowledged the ruling, adding that a detailed analysis of the judgment was underway to assess the way forward.
"The government remains resolute in defending the lawful practices of hunters and trappers and will continue to engage with all relevant stakeholders to ensure their concerns are appropriately addressed, in full respect of EU law and this judgment," it said.
Minister Clint Camilleri, responsible for hunting among others, was present at the Court of Justice in Luxembourg to witness the delivery of the ruling.
FKNK offers expertise to 'find satisfactory solution'
The Federation for Hunting and Conservation - Malta (FKNK) meanwhile thanked the government - in particular Camilleri - for their "determination and commitment to continue to defend the legal practices of hunters and trappers to adequately address their concerns".
The FKNK said it would continue offering its expertise and resources to the government to find a satisfactory solution for a way forward.
'An end to finch trapping in Malta': BirdLife
BirdLife Malta expressed satisfaction with the ruling, saying it brought the end of finch trapping in Malta.
"The idea that trappers would catch finches and release them back immediately, after checking if they were carrying any scientific rings on them, was a farce that led the EU Commission to once again challenge this practice before the EU court – a process which ended today with the clear sentence.
"This ruling sends a clear message that decisions related to birds and nature should be based on solid science," the NGO said in a statement.
Birdlife's Nicholas Barbara said members of the ORNIS committee needed to be able to understand science to be able to give the right advice to the government.
"BirdLife Malta was the only member on this committee that had voted against this derogation as it was clear from day one that this was nothing but a smokescreen and had no scientific or conservation value. The European Court of Justice today vindicated our reasoning and advice.”
The eNGO's CEO Mark Sultana called on the government to respect the ruling and declare the end of finch trapping "once and for all".
"We remind the government that we had been giving it the right advice all along including during Ornis committee meetings," he said.
"It is a pity that we were not listened to and that it had to end up in court. Now the government has no choice but to listen and obey the EU Court sentence.”
'A win for Malta': ADPD
ADPD meanwhile slammed the government for being "willing to do anything to side with the hunting and trapping lobbies to the detriment of tarnishing Malta's reputation".
The party said it was the only one that has consistently remained in favour of the island's natural environment.
The ruling, it said, showed that the EU favoured Malta's natural environment.
The party's chair Sandra Gauci warned that the European court will not be taken for a ride and that the government should abide by the ruling rather than look for loopholes to keep hunters and trappers happy.
The ruling, she added, was a win for Malta.
'Let's find a way for bird trapping to be carried out sustainably': PN
In a statement, the PN said it was worth recalling that Thursday's was the second such ruling after in 2018, Malta was ordered to completely stop bird trapping.
Subsequently, the government opened a season under the pretext of research, and the European Commission immediately understood that this was merely a smokescreen, reopening infringement proceedings against the Maltese government, it added.
"Today's decision shows that the Maltese government falsely raised hunters' hopes that they could continue bird trapping.
"Even worse, the government ignored warning after warning from the EU, leading to Malta being taken to court and having to face the consequences, losing the case with all related costs."
The PN called for a "serious dialogue" with the European Commission and bird trappers to find a way for bird trapping "to be carried out sustainably and through a serious plan that ensures the trappers' interests are protected while avoiding any breach of the EU Birds Directive".
"We now have a situation where thousands of trappers in our country cannot practise their hobby due to the government's wrong decisions, which have resulted in the court once again ruling to stop bird trapping."