The European Court of Justice in Luxemburg has ruled against the spring hunting of turtle doves and common quail in Malta - a decision that has been warmly welcomed by International Animal Rescue and its campaigning partners in Europe.
The ECJ declared that the Malta Government had breached European legislation and failed to comply with the EU Birds Directive by allowing spring hunting during the 2004, 2005, 2006 and 2007 seasons. When the Court case was instituted last year the government chose not to open the seasons in 2008 or in 2009.
The spring hunting season for the two species lasted approximately two months while the birds returned to their breeding grounds. This resulted in a mortality rate three times higher than during the autumn hunting season for quails (around 15,000 birds killed in spring) and eight times higher for turtle doves (around 32,000 birds killed in spring). This was deemed by the Court to be contrary to the Directive’s objective of conservation of the species and regarded as a failure on the part of the Malta government to fulfil its obligations under the directive.
The ruling was given during a session of the second chamber of the Luxemburg-based court. The ECJ asked the Maltese Government to come in line with the EU provisions and pay the expenses involved in the court case. Malta will not have to pay any financial penalties if it complies with the judgement. No appeal may be made.
During the proceedings, Attorney General Silvio Camilleri argued that the end of spring hunting would practically mean the end of hunting in Malta since the number of turtle dove and quail that fly over the island in the autumn is very low. The European Commission disputed that claim.
In spite of its efforts to defend spring hunting before the Court, the Maltese government subsequently expressed its commitment to respect the decision.
Hunting remains legal in the autumn for quail, turtle dove and 30 other species in Malta, under certain conditions laid out in the EU Birds Directive.
“This ruling is wonderful news for thousands and thousands of European birds that cross over Malta every spring on their migration route back from Africa,” said Max Farrugia, Chairman of International Animal Rescue in Malta. “Our country must be in line with the Birds Directive and thus spring shooting and trapping of all species is now at an end.” He added that this did not mean that all hunting activity had been banned: Maltese hunters still had the right to go shooting during the autumn as long as they remained within the parameters of the law.