The European Commission is currently assessing Malta’s response to a formal notice concerning its latest derogation allowing the live-capturing of wild finches, following a September 2024 judgment from the Court of Justice of the European Union that declared the practice illegal under the EU Birds Directive. The Court found that by adopting a scheme permitting the trapping of seven species of wild finches, namely the chaffinch, linnet, goldfinch, greenfinch, hawfinch, serin, and siskin, Malta failed to fulfil its obligations under Article 5 and Article 8(1), read in conjunction with Article 9(1) of the Directive. Despite the ruling, Malta authorized a new trapping season in October 2025, presenting it as a “scientific research” derogation, which the Commission said mirrors the system previously annulled by the Court.
In a letter to BirdLife Malta, the Commission confirmed that Commissioner Jessika Roswall did not endorse Malta’s framework during an October 2025 meeting with Maltese Minister Clint Camilleri, and instead requested further information on how the authorities intend to fully implement the Court’s ruling. The Commission reiterated that its February 2025 letter of formal notice still stands and that it is examining the new derogation adopted on 17 October 2025, warning that Malta may be referred back to the Court of Justice if EU law is not complied with. BirdLife Malta and other conservation groups have repeatedly provided evidence that the so-called research season functions as a cover for recreational trapping, with field observations indicating tens of thousands of finches were illegally trapped in a single season and trapping sites continuing to increase.
The Commission maintains that Malta’s approach fails on several fundamental points: it does not serve a genuine scientific purpose, does not prove the absence of alternative solutions, and lacks adequate enforcement measures. Malta was already found in breach of EU law on finch trapping in a 2018 Court judgment, and the Commission has emphasized that Malta agreed to phase out trapping within five years of joining the EU under its Accession Treaty. With the infringement procedure ongoing, Malta has been given two months to respond, while the Commission continues to evaluate whether the latest measures align with the Court’s binding interpretation of the Birds Directive.
