EU opens new infringement case against Malta over finch-trapping derogation

The European Commission has launched fresh infringement proceedings against Malta after the government introduced yet another finch-trapping derogation under the guise of a scientific research initiative for autumn 2025.

In a formal notice sent to Malta, the commission said the new derogation “does not pursue a genuine research purpose” and effectively reintroduces recreational trapping despite two separate European Court of Justice rulings that declared Malta’s past regimes illegal.

The Birds Directive obliges EU member states to protect wild bird populations and prohibits the trapping of finches. Derogations may only be granted under strict conditions, including proving that no other satisfactory alternatives exist and ensuring tight enforcement.

Malta has been repeatedly criticised and condemned for failing to meet these requirements. In 2018 and again in 2024, the Court of Justice ruled that Malta’s derogations breached EU law, including the supposedly scientific scheme annulled just months ago.

Despite the latest ruling, on 17 October 2025 the Maltese government issued a new legal notice reopening finch trapping “for scientific purposes”, closely mirroring the framework struck down earlier this year.

According to the commission, the newly introduced system again fails to demonstrate that trapping is necessary for research, does not prove the absence of alternative methodologies, and lacks adequate enforcement to prevent abuse.

The commission has now given Malta two months to reply and address the shortcomings it identified. If the response is deemed unsatisfactory, Brussels may escalate the matter by issuing a reasoned opinion, which is a more forceful legal step requiring compliance with EU law.

In its announcement, the commission stressed that the aim of the procedure is to ensure proper implementation of the Birds Directive and halt the decline of bird species across the EU.