EU opens infringement proceedings against Malta on finch research derogation

The European Commission today initiated infringement proceedings against Malta concerning the research derogation related to the seven species of wild finches.

Following the judgment delivered by the Court of Justice of the European Union in 2024 (Case C‑23/23), the government said it introduced subsequent amendments to comply with that ruling.

These amendments were aimed at addressing the Court’s concerns, including providing justification for the absence of other satisfactory alternatives and strengthening enforcement measures.

The amendments, apparently, were not enough, with the commission now initiating proceedings against Malta.

“Despite these efforts,” the government said, “the Commission has decided to open fresh infringement proceedings as it questions whether Malta’s derogation, as applied in the new legislative framework, genuinely fulfils a research purpose. The Maltese Government takes note of this decision and remains committed to the ongoing constructive dialogue with the European Commission. The recent productive discussions between Minister Clint Camilleri and Commissioner Jessika Roswall underscore Malta’s dedication to sincere cooperation and finding mutually agreeable solutions.

The government now has two months to respond to the letter of formal notice.

The government said it will continue to defend this research derogation, ensuring compliance with EU law while protecting the cultural identity and long-standing traditions of the Maltese and Gozitan communities.

Earlier this month, Birdlife Malta had published a letter which showed that Malta’s recently launched finch-trapping derogation was, according to the commission,  not in line with a ruling by the European Court of Justice, which last year declared that finch-trapping for “research” is illegal.

In September 2024, the European Court of Justice ruled that Malta’s trapping of protected finches for “research purposes” is illegal as there was no “genuine research purpose” that could justify it.

In a statement, BirdLife Malta had said that it had communicated with European Commissioner Jessika Roswall – whom Gozo Minister Clint Camilleri, who is responsible for hunting – met in Brussels last month just before the new season was opened.

In a letter sent to BirdLife, Commissioner Roswall’s staff said that the commissioner “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.”

The letter noted the new “research derogation” that had been adopted and noted that it “seems similar” to the one adopted in 2024, which had prompted the Commission to warn Malta and request that it fully implements the ECJ’s ruling.

“That request still stands,” the letter reads.

“Any derogation from the protection regime established by the Birds Directive needs to be strictly applied and enforced in accordance with the conditions laid out in Article 9 of that Directive,” the letter said.

“The Commission services are currently assessing the new ‘research derogation’ adopted on 17 October 2025. If EU law is not complied with, the Commission may decide to take additional enforcement steps such as referring Malta back to the Court of Justice of the European Union,” it concluded.

BirdLife had welcomed the European Commission’s stance, saying that it is a “clear confirmation that the European Commission has not approved or endorsed Malta’s derogation which clearly violates the judgment of the European Court of Justice of 19 September 2024.