Why Malta will not pay hunting fines (1)

Once again, Arnold Cassola's arguments are flawed and I must confess that I expect better of a person of his experience in the European Parliament and Italian Parliament (Hunting Fines, February 8). As already stated in my letter of February 5, in reply to his letter of February 1, it is blatantly false to declare that Malta will incur fines or penalties if Malta loses the current case regarding spring hunting. The infringement case against Malta is being pursued by the European Commission under Article 226, which effectively means that Malta would not incur any fines or penalties, provided that it abides by the ECJ ruling. The European Commission's press release on the case makes it clear that the proceedings against Malta are Article 226 proceedings.

The procedure is that action is always initiated under Article 226 of the EC Treaty. In fact, the French case referred to in Prof. Cassola's letter concerns compliance by France with Community measures for fisheries conservation. The reference of the case is C-64/88 Commission vs France, where it was decided by the European Court of Justice, in its judgment of June 11, 1991, that France was actually infringing such measures. Following inspection at certain French ports in the course of the subsequent 11 years, the commission took the view that France was still not yet complying fully with its obligations, and according to the commission the French authorities were taking a lax attitude in enforcing EC rules. After France had not complied with two Reasoned Opinions addressed to it, the commission finally brought, on August 27, 2002 a further action against France before the European Court of Justice. The commission asked the court, in accordance with Article 228 of the EC Treaty, for a declaration that France had failed to fulfil its obligation to comply with the 1991 judgment. It was at this stage of the Article 228 procedure that fines were, in fact, imposed.

The Maltese government has stated repeatedly that it will abide by the judgment issued by the European Court of Justice and therefore, if Malta is found to be in breach of this Directive, there will be no eventual application of Article 228 of the EC Treaty.