Today, before the Court of Justice of the European Union, the Maltese Government robustly defended its research derogation on the seven species of wild finches, challenging the interpretation of the Birds Directive.
Central to Malta’s argument was the issue of inadmissibility. The Government highlighted procedural irregularities in the European Commission’s application and contended that given that the Commission failed to follow thoroughly all the procedural steps following the repeal of the 2020 legislative framework and the enactment of the 2021 legislative framework, the Court should declare the case as inadmissible. 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.
Regarding scientific research standards, Malta outlined criteria endorsed by authoritative sources, asserting that its Finches Project adhered to these benchmarks. Addressing concerns about the role of trappers, the Government clarified that their involvement was grounded in scientific methodology, debunking misconceptions surrounding the project. However, Malta acknowledged challenges in garnering full support for the framework due to boycotts by certain NGOs, including Birdlife Malta and EURING, hindering the project’s scientific objectives. 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.
In conclusion, the Government reiterated its commitment to upholding the Birds Directive while advocating for a nuanced understanding of research derogation. Whilst awaiting the Court’s final judgement, the importance of protecting the rights of its citizens was also emphasised. Minister for Gozo and Planning Clint Camilleri was present for the hearing to support the legal team, showing also the Government’s consistent commitment on the subject. The Opinion of Advocate-General Tamara Capeta is scheduled for 30 May 2024.
Photo: MGP
