The government yesterday admitted that it would not be in a position to shut down the Marsa power station before “sometime next year”, despite the fact that its operation is in breach of EU rules.

Although this situation will most probably see Malta dragged before the European Court of Justice (ECJ), sources close to the court told The Times that this would most probably not lead to any financial sanctions as the issue will be over before an eventual ECJ case is concluded.

An ECJ case normally takes two years to conclude and the Commission yesterday only decided to issue the second of three possible warnings before a court case is presented.

Referring to the continued use of the Marsa power station, in spite of the obligation to have the plant shut down a long time ago, the Commission accused the Maltese authorities of failing to protect citizens from noxious air pollution.

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

According to the Commission, the power station, which still produces some 45 per cent of Malta’s electricity, contains four combustion plants, three of which have already surpassed the 20,000 hour ceiling, while the fourth is approaching it.

“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.

Reacting, the government admitted that its plans to shut the Marsa plant by 2010 went haywire and explained that this was due to procurement delays in the commissioning of the new extension of the Delimara power plant and a 200 MW cable link with the EU’s electricity grid.

Although the government said it intended reducing the use of the Marsa plant once the Delimara extension comes on line in a few weeks’ time, it will still need to continue to rely on it, at least as a backup, until electricity starts running through the interconnector with Sicily, expected sometime in 2013.

In the meantime, investment had been made to modify the boilers and to use low sulphur oil to reduce harmful emissions, it said.

Yesterday, the Commission also issued two other separate warnings on Malta’s 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.