Must try harder and pay more attention

Regular reports on how Malta is gradually shaping up to its improved status as a European country give us a clear picture of where we stand as a candidate to accession. The Commission of the European Communities released its latest appraisal last month detailing how far we have come and what still needs to be done before joining Europe.

Looking at the environmental chapter in the report provides us with much information on the road ahead and the obstacles yet to be overcome in the midst of a decision that will effect us all. The Ministry is busy drafting directives for the next quarter. Meanwhile the environmental acquis is continuously being updated by the European Union.

Substantial progress has been made over the past year with the introduction of environment-related laws but the Commission still judges Malta to be some distance away from the strong and consolidated administrative capacity needed to enforce these laws.

To begin on the bright side, the decision to relocate the existing gas bottling and LPG storage plant has put us well in line with Europe's policies for preventing major accident hazards. Enemalta has plans to relocate the plant to Benghajsa.

Air quality regulations were adopted last June to abide by EU directives on limit values for benzene and carbon monoxide, less sulphur in fuel and making information available on fuel economy and carbon dioxide emissions of new cars.

An air quality-monitoring programme in 31 localities is under way. At a recent seminar on air quality one speaker commented that the amount of air pollution prevalent warranted at least a doubling of present monitoring. Finding ways to upgrade the monitoring network has been the subject of recent studies. Dr Louis Vella of the Pollution Control Co-ordinating Unit insists that more permanent and continuous monitoring is needed.

The progress report backs this up: "Basic measures for implementation of air quality legislation, as identification of zones and agglomerations (an agglomeration being an urban area of a quarter of a million people such as Valletta and Sliema put together) and establishments of networks of measuring stations still need to be established." A consultant has just concluded a report recommending an update of the current National Ambient Air Monitoring Programme.

A few months ago Malta adopted regulations on Integrated Pollution Prevention and Control and on limitation of certain pollutants from large combustion plants. According to Enemalta chairman Robert Ghirlando, additional monitoring equipment is being installed on the power station chimneys. Knowing what is coming out of them is essential if we want to control the dust and gases.

Malta has taken legislative steps to improve energy efficiency and the use of renewable energy sources but the report notes that actual progress in the latter has been limited. As regards energy efficiency, good progress has been made.

Petrol additive

The chosen path of moving from cheaper fuels to a costlier low sulphur mix rather than installing desulphurisation equipment should make it easier to comply with sulphur oxide limits. Desulphurising the fuel would only produce waste which we would then have to dispose of safely. While some improvements have been made, a local solution for reducing nitrous oxides and particulates to acceptable European standards is still being studied.

Efforts to implement legislation on quality of petrol and diesel fuels need to continue, stresses the report. Enemalta is responding with a plan to be enforced fully by the time accession comes along.

The leaded petrol currently being imported into Malta does not conform with EU standards. Within the next few months Enemalta is to start using an additive called MMT which is added to unleaded fuel for use in cars that do not run on unleaded petrol.

The price will be the same as unleaded. Diesel fuel being used on the island is up to current European standards. It is emerging that exhaust from diesel engines produces very small particles of dust (PM2.5) which are now coming under suspicion for causing changes to the immune system.

Since the last report regulations on urban wastewater treatment, protection of waters from nitrate pollution, and quality of surface water and groundwater have been set up. Steps were made towards putting the sewerage master plan into action with plans for providing for the necessary wastewater treatment plants.

Urgent landfill strategy

In December 2001, regulations on hazardous waste and incineration were adopted. Regulations on landfilling, waste oils, batteries and accumulators, toxic substances from industry known as PCBs and PCTs were adopted this June. Malta has now started to prepare an inventory of equipment containing PCB as we do not even know the exact quantities and locations of this dangerous waste.

It is reported that legislation on sewage sludge has come into force and steps have been taken to start implementing the Waste Management Strategy agreed last year. The strategy has three main courses of action related to demolition waste, municipal and hazardous waste and the closing of the three existing landfills. Impact and risk assessments for rehabilitaion of landfills are being completed before tendering, which is expected later this year.

The only observation Progett Skart director Chris Ciantar had to make on the report's reference to waste management was that there was very little mention of all the work he says has been done during the past year. Undeterred, he said of the report:

"This makes us work harder to maintain good development in the setting up of a landfill (an Environment Impact Assessment is soon to be initiated). Progett Skart will also be developing waste separation from households, the operation of the agency recently set up to oversee the provision of waste disposal facilities, education packs for school children, etc."

While there has been some progress as regards implementation, nearly all the effort so far has gone into waste legislation where progress has been "substantial" but actual visible results so far minimal. The report recognises that large investments have been programmed in the waste sector, in particular as regards landfills, as well as for the implementation of a sewerage master plan which will result in the building of three wastewater treatment plants.

While Malta has achieved considerable alignment with the EU environmental acquis, it still needs to adopt several implementing legislative acts. End-of-life vehicles is one of them. The effectiveness of the EU as an environmental prod is evident in the European Commission's recent decision to take action against a number of member states for their failure to transpose the provisions of various EU directives on waste.

"Reasoned opinions" have been issued to ten member states for their failure to transpose the provisions of the End-of-Life Vehicles Directive. Action is also being taken against some member states for non-compliance with the directives on waste oil, packaging waste and sewage sludge.

Despite progress in the implementation of the waste strategy, the adoption of a strategy to reduce biodegradable waste going to landfill is "urgent" to complete the existing plans and set up the necessary actions and investments to deal with the waste generated in Malta in the medium term.

The report advises that strong efforts will be needed to fulfil the "extremely tight" schedule provided for construction of the necessary new landfills and replacement of existing non-compliant small incinerators as well as the upgrading of the composting plant, establishment of collection systems and increase of recycling capacity.

EU on seal pups and hydraulic drills

The importation of seal pup products has been regulated under Maltese law. On the local scene hunters in Malta and Gozo will have to abide by capture and killing methods as Malta completes transposition of the Habitats Directive.

In the field of genetically modified organisms (GMOs) and chemicals it is reported that progress was made with the adoption of regulations on contained use of GMOs and on the deliberate release into the environment of GMOs.

The Foodstuffs, Chemicals and Cosmetics Directorate within the Malta Standards Authority is to be the competent authority responsible for chemicals. A Chemicals Control Board was established in January 2002 to co-ordinate in particular activities between various ministries. This does not seem to have helped when it comes to putting together a list of toxic chemicals used on the island. Various incomplete lists are scattered across departments, such as Agriculture and Industry, but there is no co-ordination.

With regard to noise, there has been further progress with the adoption in March 2002 of regulations, under the Product Safety Act, on noise of outdoor equipment and household appliances. A spokesperson for MEPA says that the Environment Protection Directorate will be transposing the directive on environmental noise by the end of the current year.

EU on MEPA

The former Environment Protection Department, now part of the Malta Environment and Planning Authority, recruited eight Environment Inspectors in January. Last month a further eight inspectors were recruited as well as five environment officers. Environment inspectors have the right to assist police in prosecution and appear in court, and are already doing so.

Here MEPA adds that current inspection practice will be streamlined with minimum criteria required for inspection in EU member states. In view of this MEPA personnel will be benefiting from a twinning project scheduled to be held between now and March 2003.

Both MEPA and the Malta Resources Authority have permitting obligations. However a permitting system needs to be created, not least to implement the provisions of various directives, including the Directive on Integrated Pollution Prevention and Control.

"As regards monitoring, the current inspection practices remain a simple procedure where the inspector has little authority to make recommendations." While there are planning enforcement procedures, it is noted that no counterpart exists yet on the environment side. Here the Ministry of Home Affairs and Environment points out that the Environment Protection Act does provide for enforcement procedures but only in a court of law, not before an administrative board as in the case of the Planning Appeals Board.

The Act foresees the possibility of suing in court infringements of environmental legislation, with an Environment Fund acting as plaintiff for the recovery of civil damages and the inspectors allowed to prosecute. According to the ministry, the chairperson of the Environment Damages Fund can act as plaintiff for environmental damages but not civil damages. The report notes that the system is not yet operational. MEPA explains that the delay is a legal one: the legal notice regarding this fund has not yet been published.

The report does not beat around the bush about the situation at MEPA, where industrial action currently has the authority in a vice grip preventing it functioning to the full: "In spite of the progress achieved in the past year, Malta's administrative capacity to implement the EC environmental acquis needs urgently to be strengthened and still requires close attention. Plans adopted during the reporting period to enhance the administrative capacity by the end of 2002 need to be adhered to strictly."

The report discerns that MEPA still faces "considerable challenges", despite the recruitment of environment inspectors and officers over the past year. "In view of its new responsibilities arising from the acquis, it needs considerable strengthening in staff, particularly in the fields of inspection and permiting. This applies also to the Planning Board of MEPA which has been given substantially more responsibilities by the new Environment Protection Act, while its composition and functioning have not yet changed."

The implementation of the action plan to set up a new authority and the recruitment of additional personnel, is on track, but "steady efforts are needed to ensure their full execution".

Commenting on the potential overlap of responsibilities between MEPA and the Malta Resources Authority (MRA), the report calls for clarification of responsibilities and the agreement on co-operation between the two institutions. "One of the main urgent tasks is to build up a new system of environmental permiting, in line with the requirements of the integrated permiting required by the Integrated Pollution Prevention and Control Directive. Environmental inspections and enforcement mechanisms also need to continue their reorganisation and reinforcement."

The major training programme planned for this year and next has been received favourably as a positive step but the Commission is quick to point out that this will not compensate for the lack of resources."A strong political commitment to ensure that current plans to increase significantly resources in MEPA and MRA including the waste agency, is necessary to meet the requirements by accession."

To do list

Consumer health, transport agriculture and fisheries all have some bearing on the environment. Malta has made "little progress" in legal alignment concerning the transport of dangerous goods. The completion of the Maritime Action Plan and the recruitment of port state control inspectors, is on track.

We have seen a strengthening of administrative capacity at the Maritime Authority as foreseen in the Action Plan and a start has been made to improve the flag state performance of the Maltese merchant fleet. However the fleet is still on the black list. This matter is considered by the commission to be a "priority in need of particularly urgent action".

Another priority is the strengthening of administrative capacity in the area of agriculture where there has been little progress. "The capacity to implement the acquis remains a source of particular concern in the area of agriculture."

In particular Malta must improve its administrative capacity to implement the Common Agricultural Policy and the EC rural development schemes. While EU funds have been committed to further strengthen the administrative capacity in rural development, we are embarrassingly short of a comprehensive plan explaining how the administrative capacity will be strengthened. The Commission advises that ongoing efforts to reinforce this should be more vigorously pursued.

Fisheries is in the same boat. Malta needs to implement fully its plans to strengthen its administrative capacity in that sector too. Current plans to strengthen the fisheries department are steps in the right direction, but "substantial further efforts" are still required in this regard.

Malta has made some progress in aligning with the fisheries acquis regarding resources management, inspection and control. But the fishing vessel register has not been completed in full compliance with EU requirements and we have not yet developed a management plan for the fleet capacity according to available fish resources. As a consequence the implementation of corresponding measures in the action plan have been delayed.

A plus point is the regulation introduced in Malta last December on supervision and control of shipments of radioactive waste. However Malta still needs to adopt basic safety standards related to nuclear safety and radiation protection. Legislation is also needed in the area of giving information to the public in case of radiological emergency, medical exposure or foodstuffs that have been exposed to radiation.

Under the heading of Consumer and Health Protection it is recommended that the government should get on with its plans to improve the accreditation and calibration of testing laboratories.

Still to be seen to is the passing of legislative acts on bulldozers and other non-road mobile machinery, packaging waste, drinking and bathing water quality, bird and animal protection and biocide chemicals.

On the whole the news is good. While Malta has achieved a good degree of alignment overall, with the acquis further efforts remain to be made, in particular as regards agriculture and environment. Detailed plans have been agreed in the negotiations and the action plans to cover the remaining gaps.

There has never been such a flurry of activity but only concerted political will can bring about real environmental improvement across the board. The next question is to see whether Malta really is up to enforcing the acquis effectively and horizontally across all sectors.