MOTION FOR A RESOLUTION
13.3.2007
pursuant to Rule 108(5) of the Rules of Procedure
by David Hammerstein Mintz, on behalf of the Verts/ALE Group, and Mieczysław Edmund Janowski, on behalf of the UEN Group,
on spring hunting and trapping of migratory birds in Malta
B6‑0119/2007
European Parliament resolution on spring hunting and trapping of migratory birds in Malta
The European Parliament,
– having regard to Petition 794/2004, Petition 334/2005 and Petition 886/2005,
– having regard to the report on the fact-finding mission by the Committee on Petitions to Malta, 9-12 May 2006,
– having regard to Directive 79/409/EEC on the conservation of wild birds,
– having regard to Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora,
– having regard to Articles 10, 226 and 242 of the EC Treaty,
– having regard to Oral Question B6-0015/2007,
– having regard to Rules 108(5) and 103(2) of its Rules of Procedure,
A. whereas the European Parliament has received several petitions against the practices of spring hunting and trapping of migratory birds in Malta, including a petition from the Belgian Royal Society for the Protection of Birds, signed by 300 000 Europeans, more than 4000 of whom from Malta; whereas 115 000 Europeans, notably from the UK, petitioned the Maltese Government in February 2007 in protest against the spring hunting,
B. whereas the Committee on Petitions has examined the allegations made in the petitions and dispatched a delegation to Malta pursuant to Rule 192(3) of the Rules of Procedure of the European Parliament to establish the facts of the situation in situ,
C. whereas the report on the fact-finding mission concluded that, although certain efforts had been made by the Maltese authorities responsible seeking to bring national legislation and its application into compliance with Community law, the sustainability and survival of populations of several species of migratory birds still face serious threats from extensive illegal and indiscriminate hunting and trapping when birds of these species pass through Malta during their spring migration,
D. whereas the report on the fact-finding mission by the Committee on Petitions also raises concern about compliance in Malta with Directive 79/409/EEC on the protection of wild birds and Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora and about indiscriminate trapping and illegal hunting of protected species, for example globally threatened birds of prey such as the Lesser Kestrel and Red-footed Falcon,
E. whereas spring hunting and trapping are defended by Maltese hunters as part of their cultural tradition; whereas, however, the resting space available for migratory birds has diminished considerably in recent years due to urban development and whereas new methods and weaponry have also made hunting more efficient and thus damaging to populations of migratory birds, causing local extinctions of birds such as the Peregrine Falcon and Barn Owl,
F. whereas opinion polls appear to show that a broad majority of Maltese society is against current hunting practices,
G. whereas the Government of Malta has decided to open a spring hunting season for Turtle Dove and Quail, both declining species, from 10 April to 20 May, and trapping seasons from 26 March to 20 May this year,
H. whereas Malta is one of the principal bottlenecks for birds migrating between Europe and Africa; whereas a recent study contained evidence of birds, many of which were rare or endangered, being shot in 35 countries, mostly European States, and trapped in 19 countries,
I. whereas the Commission is investigating whether Malta's transposition of Directive 79/409/EEC on the conservation of wild birds is in conformity with the requirements of the Directive and whether the legislation is being correctly applied, and has opened infringement proceedings against Malta for lack of compliance with Article 9 of the Directive,
J. whereas the Commission has recommended that the Government of Malta should not allow spring hunting this year and stated that if spring hunting is authorised in 2007 the Commission intends to examine in a joint case the spring hunting allowed also in 2004, 2005 and 2006 and dispatch a Reasoned Opinion to Malta on the matter,
K. whereas Member States' obligation to cooperate fully with the Commission when it is acting within its powers under Article 226 of the EC Treaty follows from the principle of cooperation in good faith laid down in Article 10 of the EC Treaty,
1. Takes note of the report on the fact-finding mission of the Committee of Petitions during which the facts were examined in situ from 9-12 May 2005, and supports the recommendations in the report;
2. Shares the concerns expressed in the report on the fact-finding mission, in particular in respect of the authorisation of spring hunting of migratory birds, indiscriminate trapping and illegal hunting of protected species, including in areas protected under Community law;
3. Welcomes the Commission's decision to investigate the compliance of Maltese legislation and its application with Directive 79/409/EEC on the protection of wild birds and strongly urges the Commission to redouble its efforts to persuade the Maltese authorities to comply fully with Community law;
4. Considers the decision by the Government of Malta to authorise spring hunting and trapping against the public advice of the Commission regrettable and calls on the Government of Malta to reconsider the decision;
5. Recalls the principle of cooperation in good faith laid down in Article 10 of the EC Treaty, pursuant to which the Member States have agreed to cooperate fully with the European Institutions;
6. Notes that the principle of cooperation in good faith is of particular importance when the Commission is acting in its capacity as 'guardian of the treaties' and investigating Member States' compliance with Community law pursuant to Article 226 of the EC Treaty;
7. Instructs its President to forward this resolution to the Council, the Commission and the Government and Parliament of Malta.