The European Commission said yesterday that the air in Lija exceeds EU pollution limits and is not in line with EU law.

The Commission's conclusions were given in reply to a petition filed by Michael Zammit and raised during yesterday's meeting of the Petitions Committee of the European Parliament meeting in Brussels.

In his petition, Mr Zammit complained that a factory in Lija, Blokrete Ltd, which produces construction material, emits dust and noise pollution to the detriment of the health and safety of Lija residents.

In its reply, the Commission admitted that, based on official data provided by the Maltese authorities, it transpired that the particulate matter (PM10) in the area of Lija exceeded EU limits and was, therefore, in breach of EU law.

The Commission said that "an air pollution abatement plan, prepared by Malta, did not manage to deliver compliance". It added that it did not intend to institute infringement proceedings against Malta for the time being because the relevant EU law was being updated.

On noise emissions, the Commission said this matter was not regulated by EU law and there was, therefore, no EU remedy that could be sought.

Nevertheless, the Commission said that, according to information provided by the Maltese authorities, Mr Zammit's complaint was also being looked into by the national authorities and a list of mandatory measures to reduce factory noise and dust emissions is under preparation.

Intervening, Nationalist MEP Simon Busuttil, a member of the committee, expressed surprise that the Commission preferred not to take action when it was itself admitting there was a breach of EU law. This, he said, was difficult to understand.

On Dr Busuttil's suggestion, the petition was kept open for consideration until the Commission acquires from the Maltese authorities full information on the list of the promised measures to cut emissions and a clear timeframe within which they would be applied.

Contacted by The Times, Dr Busuttil said that, following his request, together with Lija mayor Ian Castaldi Paris, the company in question had already carried out some improvements during summer. In particular, it installed new fencing and reduced the height of some of the construction material in the factory site.

"However, since it is now established that EU standards are not met, it is clear that much more needs to be done," Dr Busuttil insisted.

He said the problem of dust emissions from construction companies affected Lija but also other localities in Malta where construction material companies operated and more needed to be done to respect the right of residents.

"No one is saying that these companies have no right to operate. But they must do so within the limits of the law, including EU law, and in full respect of residents in the neighbouring areas," Dr Busuttil said.

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