Update 2: Maltese authorities not protecing citizens from noxious air pollution - European Commission

The power station extension in Delimara is expected to be in full service in the coming months and the component parts for the terminal plant onshore of the interconnecter with Sicily are being manufactured, the government said this afternoon.

It was reacting to a European Commission charge that Malta was breaching three directives, one of them on the Marsa Power Station.

The other two were on packaging waste and renewable energy.

The Commission warned it will take the island to the European Court of Justice if it does not receive a justified reply within two months.

Referring to the continued use of the Marsa power plant, the Commission accused the Maltese authorities of failing to protect citizens from noxious air pollution.

The Commission said that under the Large Combustion Plants Directive – legislation designed to limit the emissions of various pollutants – Malta has agreed to operate its Marsa power station for no more than 20,000 hours between 2008 and its definitive closure no later than 2015.

The power station, which produces some 45 per cent of Malta's electricity, contains four combustion plants, three of which have already passed the 20,000 hours ceiling, while the fourth is approaching the ceiling.

"EU law contains no provisions for passing this ceiling, which is a final extension of earlier deadlines. While a replacement power station is nearing completion, concerns about timing remain and the Commission is of the opinion that Malta is, therefore, failing to protect its citizens from pollution emitted by the Marsa plants," the Commission said.

A letter of formal notice, the first of a three-pronged infringement procedure, was sent on February 28 inviting Malta to submit its observations within two months. In the absence of a reply, the Commission has decided to up its ante and send a second warning.

GOVERNMENT'S REACTION

In a statement this evening, the government said it noted the commission's reasoned opinion about the Marsa Plant and stressed its commitment to ensure a stable supply of electricity that met the country energy demands while respecting the highest possible environmental obligations.

In 2006 the government embarked on two major initiatives to replace the aging Marsa plant, namely, the commissioning of a new 144 MW extension of the Delimara Power Station and an interconnector to link Malta to the European electricity network. Contracts for these two major projects have been signed and work is well underway. However, delays in the procurement and approval processes, which were mostly due to the submission of bids which were not technically compliant, led to the commissioning dates of these projects being considerably delayed.

The new 144 MW plant at Delimara has now been fully constructed and is undergoing final commissioning tests prior to it being handed over for commercial operation. This plant will be in compliance with the IPPC directive and will increase the energy generating capacity of the Delimara Power Station by 50 per cent.

This project, which represents an investment of €165 million, is expected to be in full service in the coming months. Had the plant procurement progressed as planned, Enemalta would have been able to reduce the output from the Marsa plant by at least 50 per cent in summer 2010, with the result that the expiry of the permitted 20,000 hours would only have taken place in 2013.

With regards to the second project on the submarine interconnector which will connect Malta to the European electricity grid in Sicily, the design of the interconnector and shore-stations have been finalised and manufacturing of the component parts for the terminal plant on shore has commenced.

This project, which represents a further investment of €200 million, will be completed and in operation towards the end of 2013. Permits for the work in Malta have been issued and the permitting process in Italy is close to being finalised.

The coming into service of the Delimara Power Station extension in the coming months will result in the older and more polluting half of the Marsa Power Station being taken out of service. The remaining two plants will be progressively reduced and shut down when the interconnector becomes operational.

In the meantime, keeping in mind the Government's commitment to improve air quality, Enemalta has taken mitigating measures to reduce emissions from the Marsa Power Station. This was achieved through the use of higher quality fuel containing lower sulphur and by making modifications to the boiler combustion system of the plants, which have resulted in lower SO2, NOx and dust levels.

Nevertheless, given the exceedance of the allocated 20,000 hours by three of the four boilers at the Marsa Power Station, the Malta Environment and Planning Authority decided on March 1 to issue penalties to Enemalta for the infringement of the LCP Directive, taking the seriousness and duration of the infringement into account. These penalties will continue to be imposed until the Marsa Power Station is shut down.

Two other warnings

The Commission also issued two other separate warnings on Malta's alleged failures to transpose the Renewable Energy Directive and for incorrectly implementing the definition of packaging and packaging waste in its national law, as required by EU waste legislation.

The Environment Ministry noted that, following discussions with the Commission, it issued for public consultation draft Regulations amending the Waste Management (Packaging and Packaging Waste) Regulations which take into account the concerns mentioned by the Commission.

The public consultation process on these regulations is due to end on June 28 after which the regulations will be published and the Commission notified accordingly, the ministry said.