Malta tells European court role of trappers in finches project ‘grounded in scientific methodology’

The Maltese government attacked the European Commission’s action against Malta over finch trapping for ‘scientific research’ on procedural grounds at the European Court of Justice.

It also argued that the role of trappers in the finches project was “grounded in scientific methodology”.

But the government also admitted during an oral hearing in Luxembourg on Thursday that the project’s scientific objectives were hindered because of what it termed as “boycotts by certain NGOs, including Birdlife Malta and EURING”.

EURING is the EU body that coordinates bird ringing across the bloc.

The government has kept the autumn finch trapping season open under the guise of a scientific project that allows licensed trappers to catch birds, record them and release them back into the wild.

However, BirdLife, a bird conservation group, has argued that observations it made in the field showed that trappers never released captured birds with the organisation estimating that more than 50,000 finches per season could have been captured. Hunting organisations called these estimates exaggerated and described them as an exercise in “theatrics”.

Malta is facing infringement proceedings after it allowed finch trapping to take place between 2020 and 2023.

At the ECJ, the government argued that the Commission’s action was inadmissible because of procedural irregularities.

Lawyers presenting Malta’s case said the Commission failed to follow all the procedural steps after the 2020 legislative framework was repealed and replaced a year later by the ‘scientific’ framework.

Trapping ended when Malta joined the EU but was re-started in a limited way and in 2018 the ECJ found Malta guilty of finch trapping in breach of the Birds Directive. Government subsequently re-opened the autumn season for finch trapping under the guise of scientific research.

In a statement after the court sitting, the government said Malta continued to “defend its research derogation on the seven species of wild finches”.

Gozo Minister Clint Camilleri, also responsible for hunting, (first right) with the legal team making Malta's case at the ECJ (Photo: Ministry for Gozo)

“Not only did the Commission fail to adhere to the required procedural steps, but it consistently ignored the Maltese authorities’ willingness to resolve the issue amicably, by disregarding the various attempts by Minister Clint Camilleri to discuss the issue with the Commissioner for the Environment, Oceans and Fisheries, Virginijus Sinkevičius,” the statement reads.

“The government also strongly rejected the Commission’s assertion that the finches research project could in any way be likened to Japan’s commercial whaling operations,” the government said. “The government reiterated its commitment to upholding the Birds Directive while advocating for a nuanced understanding of research derogation.”

Gozo Minister Clint Camilleri, who is responsible for hunting, was present for the hearing.

The opinion of Advocate-General Tamara Capeta is scheduled for 30 May.