Issue link: https://maltatoday.uberflip.com/i/1527188
maltatoday | SUNDAY • 29 SEPTEMBER 2024 6 OPINION The finch trapping issue Reimagining urban mobility through safer and greener streets FINCH trapping is illegal under EU law. Nevertheless, Member States may seek an exception where there is no other satisfac- tory solution, to permit, under strictly su- pervised conditions and on a selective basis, the capture, keeping or other judicious use of certain birds in small numbers. When it joined the EU in 2004, Malta became obliged to abide by the EU's Birds Directive. The initiative requires EU coun- tries to preserve wild bird species and their habitats. Malta phased out finch trapping in the immediate years after it joined the EU and fully banned the practice in 2009. In 2014 and 2015, Malta adopted several measures to benefit from the derogation laid down in the Directive. Those measures authorised the capture of seven species of finches using traditional nets ('clap-nets'), subject to compliance with certain condi- tions. However, by a decision of the Court of Justice of the European Union dated 21 June 2018, the 2014 and 2015 measures authorising the autumn trapping of finches were declared to be not in conformity with the Directive since they did not contain any reference to the absence of another satis- factory solution. That decision also found that Malta had not adduced evidence that the derogation at issue was used under strictly supervised conditions. In the context of Malta, char- acterised by a very high density of licence holders, namely over 4,000, and of regis- tered trapping stations – over 6,400 – the fact that merely 23% of hunters had been subject to individual checks was deemed inadequate. While the Birds Directive allows for a research derogation from what would otherwise be considered the prohibited capturing and disturbance of wild birds, it does not contain any indication about the meaning of the wording 'for the purposes of research'. Now, by another decision of the same court on 19 September 2024, Malta's trap- ping of protected finches for "research pur- poses" was declared illegal. Minister Clint Camilleri argued that the ECJ ruling had only found "minor breaches" in the way Malta implemented the research project. He also stated that he remains "resolute in defending the lawful practices of hunters and trappers." On the other hand, Birdlife accused Camilleri of "blatantly twisting the facts" of the ECJ ruling. So, what, exactly, were the facts? Undoubtedly, in our country, finch trap- ping is a cultural tradition. But under EU law, trapping is admissible only when there's no other solution to protect public health, livestock, crops or for teaching and research. In 2020, the government launched the Finches Project under Framework Regula- tions, which fell under the same conditions as its previous regime but with one key difference. Rather than falling under the recreational category, this was presented as part of the derogation for research pur- poses. The 'research purposes' purported to investigate where migratory finches come from when they land in Malta in autumn. This latest ECJ ruling in a battle that has been going on for years clearly concluded that the said Project does not establish a genuine research purpose and hence can- not be considered as being justified. It should be very clear by now the govern- ment is using science as a kind of Trojan horse to bypass the Birds Directive. Finch trapping may be a tradition, but traditions can do great harm in nature and have, of necessity, to be forbidden with time. The Project itself was full of flaws both in its design and its implementation. The very same sites that were registered for this research project were being used for mas- sive illegal trapping. Thousands of finches trapped at the same sites by the same indi- viduals registered for finch trapping were confiscated following reports. An estimat- ed 51,400 finches were taken into captivity instead of being released, which was one of the conditions. Deep down, the minister knows this has absolutely nothing to do with science and that 'science' is being abused to enable the trappers to continue to fill the aviaries with protected birds and sell them on the black market. As things stand, it all seems like a lost cause for the government, but expect it to persist in its intransigence not to lose pre- cious votes. THE recent launch of Vjal Kulħadd, a €10 million fund to help reshape our urban landscape into safer, more sustainable, and pedestrian-friendly spaces marks a pivotal step for the country in its quest to redefine how residents experience their localities. As the architect providing technical sup- port on this initiative, I am filled with op- timism about the transformative journey we are embarking upon with Infrastructure Malta. I am also proud of this responsibility be- cause as we rethink our urban environ- ments, prioritising pedestrian infrastruc- ture is no longer a design choice but an urgent necessity to address immediate safe- ty concerns and ultimately, to foster a sense of community in our towns and villages. We have learned invaluable lessons from our discussions with local councils and stakeholders about what it truly means to create liveable spaces that prioritise pedes- trians and cyclists over vehicles. This is why Vjal Kulħadd will not merely be about aesthetics. It will represent a sig- nificant shift in how we view urban mobil- ity. Streets will be redesigned with the user in mind, featuring improved walkways, safer crossings, effective safety measures, and en- hanced lighting. We are also committed to integrating green infrastructure wherever possible. This approach not only beautifies our streetscapes but also addresses envi- ronmental concerns, creating more tem- perate urban environments. One of our primary goals is to rethink road layouts to encourage sustainable trav- el. We aim to reduce reliance on private vehicles and enhance pedestrian access to bus stops and community hotspots. The introduction of traffic calming measures — like raised crossings and chicanes, wherever possible — will play a crucial role in making our streets safer for everyone. These design elements will naturally slow traffic, ensur- ing a more secure environment for pedes- trians and cyclists alike. Moreover, we envision the introduction of hardy, low-maintenance trees and plants to manage stormwater and mitigate the Ur- ban Heat Island effect. These green features will not only enhance the aesthetic appeal of our urban spaces but will also significant- ly improve their environmental quality. I invite local councils and NGOs across Malta to submit proposals for streets and urban spaces that could benefit from these innovative redesigns. This is a collaborative effort; we want to hear your ideas and en- sure that our communities have a voice in this process. With a dedicated timeline that includes public participation, I am confident that we can swiftly transform our urban areas. The Vjal Kulħadd initiative is just the be- ginning, and I am excited to see how our towns and villages will evolve for the better. Mark Said is a veteran lawyer Antoine Zammit is founder of Studjurban Mark Said Antoine Zammit