The issue of the finch-trapping derogation ‘for research purposes’ has reared its head again recently.
BirdLife published a letter by the European commission, which read that in a meeting between EU Commissioner Jessika Roswall and the Maltese Minister for Gozo and Planning held on 15 October 2025, “Commissioner Roswall did not endorse the Maltese derogation framework in question and its implementation but asked for more information on how the national authorities plan to ensure the full implementation of the ruling of the Court of Justice of the EU (CJEU) in case C-23/23.”
The judgment of the Court of Justice given on 19 September last year had concluded that Malta was in breach of the EU Birds Directive for allowing bird trappers to capture seven species of wild finches.
“Meanwhile, we have learned from the press that a new ‘research derogation’ has been adopted on 17 October by the Maltese authorities. Following the adoption of the 2024 ‘research derogation’ – which seems similar to the one adopted on 17 October 2025 – the Commission sent a letter of formal notice to Malta in February 2025 asking the Maltese authorities to fully implement the Court’s ruling in case C23/23. That request still stands,” the letter reads. It said that the Commission services are currently assessing the new ‘research derogation’ adopted on 17 October 2025.
Given that Malta has already faced legal trouble over the derogation, it would have been prudent for the government to check with the EU that the derogation does not breach the directive before announcing that such a derogation will take place. The derogation had opened in October.
The Commission said in its letter that If EU law is not complied with, it may decide to take additional enforcement steps such as referring Malta back to the EU Court of Justice.
Minister Clint Camilleri, in a social media post, said that only the European Court of Justice can ultimately confirm whether Malta’s scientific research derogation is contrary to EU law. Regarding the research derogation, the Court recognised that Malta’s legal framework is detailed and precise, but found that the declaration lacked adequate final justification, he said. Malta has taken this judgment into account and has refined its 2024 declaration to include more comprehensive reasoning, ensuring it aligns completely with the Court’s decision, Camilleri added.
But the issue still remains that the European Commission is clearly sceptical. Couldn’t the government have just checked with the Commission to ensure everything was in line with the Directive before going ahead with the derogation? It should have done so. As things stand, there is a risk that the Commission could, given that it said that the research derogation seems similar to the adoption of the 2024 derogation, find fault in Malta’s actions. Government would do well to put Malta’s reputation first and foremost, as another court case on the issue would cause harm to the country.
This is all aside from other concerns about the project that have been raised over the years.