Government repeals law that allowed finch trapping under guise of scientific research

Under threat of legal action by the European Commission, government repeals legal notice that allowed finch trapping under the guise of scientific research

Through a legal notice, the government has repealed the derogation with which it had allowed the trapping of seven finch species (Photo: BirdLife)
Through a legal notice, the government has repealed the derogation with which it had allowed the trapping of seven finch species (Photo: BirdLife)

Government has repealed the legal notice that allowed the trapping of seven finch species under the guise of scientific research.

This follows a decision by the ORNIS Committee to not recommend the the opening of a finch trapping season this year. Malta faces the prospect of legal action by the European Commission for opening a finch trapping season last year despite this being illegal at EU level.

In a statement, BirdLife Malta said that “finally common sense has prevailed and the Prime Minister and his Cabinet are making sure Malta does not end up once again at the European Court of Justice even in this case”.

A 2018 ECJ verdict had stopped finch trapping in Malta, but government had tried to skirt the judgment by applying a research derogation last year. The derogation was to allow the trapping of greenfinch, goldfinch, linnet, serin, chaffinch and siskin. The birds had to be released on capture.

BirdLife called the 2020 legal notice a "smokescreen, in order to allow finch trapping under the guise of a scientific study" following the landmark European Court of Justice ruling of June 2018 which found Malta in breach of the EU Birds Directive in regard to finch trapping.

It said that this had been challenged by the European Commission with an infringement procedure initiated in December last year.

Government has consistently tried to find loopholes to open a finch trapping season after the practice stopped as a result of Malta's EU membership.

Government has so far not released a statement announcing the decision to repeal the legal notice, which effectively precludes any form of finch trapping from taking place.