Commission calls on MALTA to comply with the Court judgment on finch trapping
The European Commission decided to send a letter of formal notice under Article 260 TFEU to Malta (INFR(2020)2346) for failing to comply with the judgment of the Court of Justice of the European Union of 19 September 2024 (C-23/23).
In this ruling, the Court of Justice found that Malta had not fulfilled its obligations under the Birds Directive (Directive 2009/147/EC) by adopting a derogation scheme allowing the live capturing of seven species of wild finches. On 20 October 2024, Malta adopted a new derogation scheme, nearly identical to the derogation rejected by the Court.
The Commission considers that the new derogation fails again to provide a precise and adequate statement of reasons to explain its deviation from standard scientific means of research in the ornithological field, needed to justify the proportionality of the derogation. The Commission also considers that Malta has failed to explain the lack of other satisfactory solutions.
The Commission is therefore sending a letter of formal notice to Malta, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to refer Malta back to the Court of Justice of the European Union, with a request to impose financial sanctions.
