As a Dutch permanent resident of Malta, married to a Maltese citizen and paying taxes here, I am writing to you, also on behalf of another six Dutch residents in Malta, who suffer the same treatment of inequality as myself, namely of being grossly over-charged for water and electricity consumption by the Water Services Corporation, Enemalta and ARMS Ltd.

In my case, the electricity rates are some 30 per cent higher than the rates applied for Maltese residents and the rates for water up to 60 per cent higher.

The consumer scheme used for Maltese nationals is referred to as “Residential” whereas that for others is referred to as “Domestic”. We thought this looked OK until we were alerted about the tariff differences between the two schemes.

Would you kindly clarify and confirm that foreign EU residents in Malta are legally entitled to equal treatment in respect of charges for their utility consumptions?

My contacts with the Finance Ministry, ARMS Ltd and the European Commission Representation in Malta have not yielded any ­clarification or solution for the claims we sent in to ARMS Ltd – C.P. De Jong.

• I received a number of complaints from EU citizens residing in Malta who claim they are receiving higher water and electricity (W&E) bills than the rest of us. I am reproducing just one of them here because this particular reader gives a comprehensive overview of the situation.

In essence, EU citizens residing in Malta claim they are treated differently because they are not getting the same reductions we get on our bills. They also claim they find it difficult to register the number of occupants in their household onto their bill. Both elements have a bearing on the final bill.

When my office enquired with the relevant authorities, we were told that all users are treated in the same manner regardless of nationality. Yet, there is no question that many EU citizens who are regular residents are receiving higher bills.

So what exactly is going on?

On closer examination, it transpires that the entity responsible for W&E bills, namely ARMS Ltd, operates a distinction which is not necessarily based on nationality but on residence. In other words, you would only qualify for certain reductions on your bill if you are a regular resident in Malta, regardless of your nationality. As such, this distinction is possible because it is not based on nationality. Indeed, EU citizens who prove they are resident here should – at least in theory - benefit from the same treatment as other Maltese households.

So where is the problem?

The problem lies in the fact that this distinction requires non-­Maltese EU citizens who live here to prove they are regular residents in order to qualify for reductions. No such evidence is sought from the rest of us.

Moreover, the assumption is that we are regular residents whereas in the case of other EU citizens living here the assumption is that they are not. The burden of proof to confirm residence is put on them.

Not only, but the administrative requirements for them to do so are somewhat disproportionate. For instance, rather than just present an ID card and get on with it they are often asked for a copy of an income tax return and, at times, even for a marriage certificate.

The process to establish residence is not just burdensome but also slow; the company concerned is not known for its efficiency.

All this makes it difficult for EU citizens to qualify for the same reductions as us. And all the while, they are receiving higher bills.

My view is that distinctions of this kind are dangerous because they can easily lead down the slippery slope of discrimination on grounds of nationality which is, of course, illegal.

Under EU law, discrimination is illegal not just when it is direct (or blatant) but also when it is indirect. And no matter how hard one tries to mask it, if the ultimate result is that an EU citizen is treated differently – as the final bills clearly demonstrate here – then that would still be discriminatory and illegal.

Thus, the company concerned must make sure that EU citizens who live here are truly treated in the same manner as Maltese nationals. This means that the onus of residence must be the same as for Maltese citizens, that the process for foreign residents to qualify for reductions must not be disproportionate and that foreign residents should not penalised with higher bills until they wait for their residence status to be registered.

Finally, it is only fair that foreign residents should be informed of their rights and not learn about them if they happen to see the bills of Maltese families who qualify for reductions.

www.simonbusuttil.eu

Dr Busuttil is a Nationalist member of the European Parliament.