Malta risks being fined if the European Commission keeps insisting on the reduction of emissions from the Marsa and Delimara power plants.
The government contends that it "is doing all it possibly can in the circumstances" to cut emissions to acceptable EU levels but the Commission still proceeded to issue another written warning demanding concrete answers by July 7.
The European Court of Justice ruled last October that Malta breached the EU's directive on the emission of certain pollutants into the air from large combustion plants. Now, Brussels decided to follow up the issue and has sent a formal notice insisting that Malta complies with the judgment. Should that not happen, the Commission could then again take court action and if the decision is negative, the verdict this time "must be accompanied by a proposal for a penalty and/or lump sum payment".
A Commission spokesman said Brussels had issued the new warning on May 7 to ensure the island abided by the ECJ's ruling in the shortest possible time.
It has asked for more information on the measures taken to implement the EJC judgment. The government had already furnished information that suggests progress in coming in line with EU laws but the Commission still could not conclude that all needed measures were taken, the spokesman said.
This means that if the Commission remains unsatisfied with the island's response it may decide to take the next step and take Malta to court again.
When contacted, a government spokesman was very cautions on the issue. "We are doing all we possibly can to reduce emissions from the power stations but there are limitations as to what we can do. We will respond to this latest infringement notice on time while holding discussions with the Commission to make sure they realise we are taking this thing very seriously," he said.
According to the government, steps were taken to cut sulphur dioxide, nitrogen oxides and dust from the two power stations through the installation of emissions monitoring instruments and a €2 million upgrade of the chimneys. Modifications are also under way to the boilers at Delimara to reduce nitrogen oxide and dust emissions.
However, according to Enemalta sources, "this might still not be enough to reduce emissions up to EU acceptable levels without the new extension of the Delimara power station becoming operative."
The extension is at the centre of a boiling controversy, partly because of allegations of corruption in the tendering process that led to Danish company BWSC being chosen to supply and instal the extension and partly because heavy-fuel-oil-powered technology was chosen over the cleaner gas and diesel options. A report by the National Audit Office found administrative shortcomings in the process but no hard and conclusive evidence of corruption.
A report by the European Environmental Agency earlier this week predicted that Malta would still be exceeding its emissions levels by the end of this year where it came to sulphur dioxide and nitrogen oxides.
The issue goes back to 2007 when Brussels first launched an infringement proceeding against Malta over failure to fulfil its obligations under its Large Combustion Plant Directive.