The European Commission yesterday warned it would take legal action if Malta continued to drag its feet in drawing up an air quality plan and complying with the EU's strict directives.

However, the EU Executive does not appear keen to be drawn into the controversy over the presence of black dust in the south of the island and avoided replying to a call by Labour MEP Louis Grech to investigate the matter.

In a parliamentary question, Labour's head of delegation in Brussels called on the Commission to investigate the black dust issue.

In reply, the new Environment Commissioner, Janez Potocnik, noted that the quality of air in Malta's inner harbour region, including Valletta, was not in line with the emission values set by the EU. The air in non-urbanised areas seemed to be much better and in line, he added.

However, Brussels was still waiting for Malta to provide it with more up-to-date information, particularly for 2008, and also for the island to implement an air quality plan. The Commission warned it would start infringement procedures if no progress was made in the coming weeks.

"In view of the fact that the annual air quality report (2008) should have been submitted by September 30, 2009 the Maltese authorities have been contacted and reminded of their obligation to provide this data without further delay. If necessary, the Commission will take appropriate enforcement action to ensure that this data is submitted," Mr Potocnik said.

The Commission had already started infringement procedures against the island over excessive levels of particles in the air, known as PM10.

According to Mr Potocnik, the Maltese authorities had indicated that a notification under article 22 of the new Air Quality Directive would be submitted by end October 2009 together with the adopted air quality plan.

But the Commission had not received any notification from Malta to date, he pointed out.