European Commission confirms finch-trapping derogation is against EU law

The European Commission has confirmed that Malta’s finch-trapping derogation is not in line with European Union law.

The commission is reiterating that the country remains under scrutiny for failing to comply with a key ruling of the European Court of Justice (ECJ).

In a letter sent to BirdLife Malta Chief Executive Mark Sultana on 27 October 2025, the Commission clarified that Commissioner Jessika Roswall did not endorse Malta’s “research derogation” for finch trapping during her meeting with Minister for Gozo and Planning Clint Camilleri on 15 October.

Instead, the commissioner requested further information on how the Maltese authorities intend to fully implement the ECJ judgment in case C-23/23.

Hunting Minister Clint Camilleri with Commissioner Jessika Roswall

The Commission also confirmed that its letter of formal notice sent to Malta in February 2025 remains in effect, as it continues to assess the new derogation adopted by the Maltese government on 17 October 2025.

The letter, signed by Nicola Notaro, Head of Unit at the Commission’s Directorate-General for Environment, warned that if EU law is not respected, the Commission “may decide to take additional enforcement steps such as referring Malta back to the Court of Justice of the European Union”

The reply to Sultana came after he reached for clarification following comments made by a ministry spokesperson to the Times of Malta. The spokesperson said EU Commissioner Jessika Roswall welcomed continued dialogue with the Maltese authorities, and said the commission was open to engagement in order to ensure full compliance with EU law.

This year, 2,932 finch trapping sites and 1,641 sites for Golden Plovers and Song Thrushes have been authorised, an increase of 177 sites compared to last year. The government claims finch trapping is being permitted for scientific study, yet evidence from previous years shows manytrappers engage in this activity illegally, keeping the birds in cages instead of releasing them.

In reaction to the letter, the NGO welcomed what it described as “clear confirmation” that the European Commission has not approved or endorsed the government’s continued finch trapping under the guise of research.

The NGO said the clarification exposes the government’s attempt to “disguise an illegal practice” already condemned by the European Court of Justice in its 19 September 2024 judgment. It noted that both last year and this year’s “research seasons” have deepened Malta’s non-compliance with EU nature protection laws — namely, the EU Birds Directive.

“Malta’s so-called research derogation is nothing but an excuse to continue the trapping of finches, which should have been stopped as declared by the Court in 2018,” BirdLife Malta said in its statement. The group urged the Maltese government to end finch trapping altogether and abide by the ECJ’s rulings, warning that continued defiance risks further legal action and sanctions from the EU.