European Commission seeks clarifications

The European Commission has decided to formally ask the Maltese authorities for clarifications with regard to the development zones extension exercise and its compliance with the EU's Strategic Environmental Assessment (SEA) Directive.

Commission sources confirmed yesterday that, as reported by The Times on Wednesday, the EU executive agreed to send a formal letter asking the Maltese authorities to provide further information in writing on the matter.

"Through a letter of formal notice we have asked the Maltese authorities to clarify the issue within two months. We want to make it clear once again that this procedure is just for information purposes and we have not yet taken a decision as to whether the extensions exercise is in breach of EU law. We will now await the Maltese response and take it from there." The Commission's decision follows a complaint by Alternattiva Demokratika and other individuals last year, claiming that Malta failed to comply with the requirements of the SEA Directive when amending the development plan for land use in Malta.

The government argues it has legal advice that the procedures adopted by Mepa are in order as the preparations for the rationalisation exercise was a continuation of a process that had started before the directive took effect in Malta. The directive lays down that plans or projects that could have substantial environmental effects should be subject to an impact assessment.

The Maltese courts in February dismissed an application by AD to stop Mepa from issuing development permits in the areas included in the new development zones. It ruled that the SEA directive did not apply to the exercise in question as "the preparatory work for the changes of the development zones had commenced before July 2004", when the directive was transposed into Maltese law.