Issue link: https://maltatoday.uberflip.com/i/984659
NEWS | SUNDAY • 20 MAY 2018 maltatoday THE European Court of Jus- tice is expected to publish its final decision on the lawful- ness of trapping seven differ- ent species of songbirds dur- ing the autumn season on the 21 June. The decision is widely ex- pected to re-establish the ban on trapping mandated by EU laws, and possibly end a cen- tury-old tradition of trapping migratory songbirds flying south to Africa over Malta. It would also release count- less hectares of public and pri- vate land from trapping sites, which traditionally consist of clap-nets surrounded by live decoys both in cages and co- erced to fly as migrating birds pass over the trapping sites. Malta was obliged to phase- out trapping for the seven spe- cies by 2009, but the outlawed practice was reintroduced in 2013 under a new Labour ad- ministration. The move led to infringement procedures against the Maltese govern- ment and the eventual court case at the ECJ. Yesterday the hunting feder- ation in Malta (FKNK) issued a statement saying that it hoped that the ECJ would "decide in its wisdom to end the suffer- ing and tension of thousands of Maltese trappers and their families and ensure equal and unity treatment for all mem- ber states". Yet the ECJ might find it dif- ficult to bless the opening of a trapping season consider- ing that the seven species that are trapped are considered as songbirds in European Union states and are fully protected. Trapping with clap-nets and decoys is illegal in the EU and no member country is granted a concession in this regard. Prime Minister Joseph Mus- cat has stood by the trapping community, aware of the vot- ing niche they occupy and has defended his decision to open up autumn trapping, arguing that the numbers caught are too small to leave an impact on the populations. His posi- tion has emboldened Labour's electoral standing in Gozo, where in the last election La- bour retained control on the traditionally Nationalist-lean- ing constituency of Gozo. But the reopening of trap- ping was never mentioned in the electoral programme of the Labour party and came as a complete surprise to environ- mental NGOs, who have been emboldened by a stark warn- ing from the ECJ's Advocate General that trapping should be banned. In June 2017, Eleanor Sharpston stated in an opinion to the ECJ that the court should rule that by opening a trapping season for finches, the Maltese government would fail to ful- fil its obligations to abide with the Wild Birds Directive. Finch trapping is illegal un- der EU law, and only allowable under strict conditions. Malta re-opened its closed trapping season after Labour was elect- ed to power, but the European Commission took the govern- ment to court in October 2015. Sharpston stated that she was "entirely convinced that the present arrangements do not respect Malta's obligations un- der EU law". The core of the Advocate General's opinion is that she has turned down all of Malta's arguments in relation to those conditions necessary to dero- gate from the trapping ban, namely: 'judicious use'; trap- ping as a 'tradition'; the argu- ment that there is 'no other satisfactory solution'; the use of clap-nets as a medium of capture that can be derogated; and the fact that these types of nets are a method of capture that is both large-scale and non-selective. The Advocate General also questioned the capabilities of enforcement, and expressed serious doubts as to the credi- bility of the methodology used by Malta. She also expressed strong doubts that Malta can demon- strate that the populations of the seven species of finch can be maintained at a satisfactory level. To the contrary, she stated that it may even be the case that there is some risk that the use of clap-nets by 4,000 li- censed holders over a trapping season of 73 days may, poten- tially, be "capable of causing the local disappearance of a species". BirdLife said the opinion was consistent with its position that the Birds Directive had to protect birds, not regulate hunting and trapping them, and that "Member States do not have a carte blanche to derogate". "The AG's recommendations clearly go to show that politi- cal promises do not justify the adoption of a derogation. "In view of this, BirdLife Mal- ta reiterates its position taken during the latest Ornis Com- mittee meeting that the Gov- ernment should not accept the recommendation by Ornis to open this year's trapping sea- son before a final verdict is de- livered by the ECJ later on this year." Muscats Motors Ltd Rue D'Argens, Gżira Phone: 2326 4582/1 Email: info@mml.mizzi.com.mt bmw.com.mt SATURDAY 26 - SUNDAY 27 MAY, 2018. 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