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EU Commissioner says Malta acted illegally by opening spring hunting season in 2005, 2006 and 2007
Matthew Vella
Malta’s five MEPs were cut down to size last Tuesday by a snappy Stavros Dimas, the EU’s Environment Commissioner, in a dressing down that confirmed Malta’s continued state of illegality on the subject of spring hunting.
Rounding off a late session at the Strasbourg parliament, Dimas warned the Commission will take a decision next Wednesday on whether to extend infringement procedures against Malta for opening the spring shooting season in 2005, 2006 and now in 2007.
He said Malta’s continued breach of the directive was “the perfect example of the mis-implementation of the Birds Directive.”
Infringement proceedings were opened against Malta after the government opened the spring season in 2004.
“Malta’s illegal behaviour is patently clear,” Dimas said. “It started with the derogation in 2004, but continued in subsequent years and it seems it continues in 2007. For the Commission, it’s a priority to ensure Community law is not breached, especially when it comes to the Birds Directive.”
The government claims it is within its rights to derogate from the Birds Directive, which bans hunting in spring, and has pledged to stand its ground even if Brussels takes the country to the European Court of Justice.
But on Tuesday Dimas said Malta had failed to fulfil the conditions of this derogation for the shooting of turtledove and quail in spring.
“The derogation is only possible in exceptional circumstances and stringent conditions that have to be adhered to… according to the information Malta sent to the Commission, this exemption was not in line with the Birds Directive… the Maltese authorities were unable to prove there were no alternative solutions, they couldn’t prove that spring hunting happens under very strict controls and conditions.”
A spokesperson for Environment Minister George Pullicino yesterday said the government had no comments to make at this stage, when pressed on the claim of Malta’s state of illegality.
Dimas said Malta authorised spring shooting every year after 2004, “in breach of Community law.”
He has now warned the Commission will send an additional letter of warning to the Maltese government. A delegation will also visit the island on the 27 March.
“We’re going to ask for explanations from the national authorities and make it clear to them that they must be in line to comply with Community law, as soon as possible. If the Maltese authorities stick to their guns, the Commission will continue the proceedings and after that it can take them to court.”
But it was the Greek commissioner’s adjournment of the late night session on Tuesday that sent the strongest of messages to the five Maltese MEPs.
“Even votes have wings and fly from one party to the other, but I’m less interested in votes,” Dimas told Nationalist and Labour members, “and more interested in illegal hunting in Malta… I doubt the MEPs don’t know any answers to the questions they put to us.”
Earlier in the session, Nationalist MEP Simon Busuttil referred to the Commission’s written note during Malta’s accession negotiations, recognising Malta’s intention to apply for the derogation from spring hunting. “So now I don’t expect the Commission to say Malta cannot use the derogation in the first instance it has applied for it.”
His colleague David Casa also claimed that the parliamentary resolution asking the Commission to take action on Malta’s breach of the Birds Directive, was tantamount to creating a “dangerous” precedent that undermined any promises on accession negotiations made by the EU with citizens.
Dimas was to quick to quell any misunderstandings on the issue in his rounding-up. “On derogations, we agreed that yes, they (Malta) have the right to ask for a derogation, like any other country can… but Malta has to fulfil the conditions of Article 9; but Malta did not request, it just went ahead with it. And it hasn’t sent an official response to our infringement procedures.”
And while Labour MEPs – who did not even vote on the resolution – chided the Maltese government for fooling citizens into believing Malta had gained special dispensation to hunt in spring, the three members blamed the Commission for remaining silent on the issue in the run-up to the EU referendum.
“When the Labour Party, as well as environmentalists and hunters, expressed doubt on the supposed derogation, you remained silent – you, who came to Malta,” Joseph Muscat charged at the Commission. “There are certain documents which are not in our hands… we find references to them but it is as if we are in some enormous maze. These documents have to scrutinised by everybody.”
Louis Galea joined in the charge that the Commission had been silent on the issue, contributing to the confusion on the subject, while John Attard-Montalto said the confusion resulted from a political move to win environmentalists’ and hunters’ votes in the referendum and election.
But Dimas was unequivocal in his answer to the MEPs: “I doubt that the MEPs don’t know the answers to the questions they put to us. They know what’s been agreed… There are no secret agreements, I’m sure you are all fully aware of this. Now you’ve been in this parliament for the past two years, so I’m sure you are familiar with this reality. So I can’t understand what secret documents you are referring to. Whatever we agreed upon is public.”
MEPs turn backs
On Thursday, the European Parliament voted in favour of a resolution that urged the Commission to “redouble” efforts to persuade Malta to comply fully with the Birds Directive, but Malta’s five MEPs were amongst those who did not support the resolution. Nationalist MEPs Simon Busuttil and David Casa were amongst the 253 members who voted against the resolution, while Labour MEPs decided to abstain.
The resolution was carried by 300 votes in favour.
Louis Grech moved an amendment to delete a paragraph calling on the Maltese government to revisit its decision to open the spring shooting season. All five Maltese MEPs supported the deletion.
Simon Busuttil successfully carried an amendment praising government’s efforts to curb illegal hunting, voted against a paragraph that noted the report on the fact-finding mission of the Committee of petitions, and expressed the European Parliament’s support of those findings.
The Nationalist MEPs later explained they had voted against the resolution as they did not want to see the European Parliament condemning Malta. They poured scorn on the Labour MEPs for failing to get the support of the PES, which was mainly in favour of the resolution.
In a statement after the vote, the Maltese government ignored the ramifications of the political message sent by the EP, saying the resolution highlighted its determination at fighting hunting abuses.
mvella@mediatoday.com.mt |