COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - MALTA Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 20
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 51 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - MALTA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 51 final.
Encl.: SWD(2017) 51 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 51 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - MALTA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{SWD(2017) 33 - 50 final}
{SWD(2017) 52 - 60 final}
Malta 2
This report has been written by the staff of the Directorate-General for Environment, European
Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
Malta 3
More information on the European Union is available on the internet ( http://europa.eu ).
Photographs: p.10 ©Krasnevsky/iStock; p.12 ©Joan Vicent Canto Roig/iStock; p.14 © LIFE11
NAT/MT/001070; p.18 ©Tony Zelenoff/iStock; p. 23 © helovi/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ............................................................................................................................... 5
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 5
Developing a circular economy and improving resource efficiency ..................................................... 5
Waste management .............................................................................................................................. 7
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL .......................................................... 10
Nature and Biodiversity ....................................................................................................................... 10
Estimating Natural Capital................................................................................................................... 12
Green Infrastructure ........................................................................................................................... 12
Soil protection ..................................................................................................................................... 13
Marine protection ............................................................................................................................... 13
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE ................................................................................ 15
Air quality ............................................................................................................................................ 15
Noise ................................................................................................................................................. 16
Water quality and management ......................................................................................................... 16
Enhancing the sustainability of cities .................................................................................................. 18
International agreements ................................................................................................................... 19
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 20
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4.MARKET BASED INSTRUMENTS AND INVESTMENT .................................................................................. 20
Green taxation and environmentally harmful subsidies ..................................................................... 20
Green Public Procurement .................................................................................................................. 21
Investments: the contribution of EU funds ......................................................................................... 21
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ........................................................................................... 23
Effective governance within central, regional and local government ................................................. 23
Compliance assurance ......................................................................................................................... 24
Public participation and access to justice ........................................................................................... 26
Malta 4
Access to Information, knowledge and evidence ............................................................................... 26
Malta 4
Executive summary
particular water, pose specific challenges to Malta.
About the Environmental Implementation Review Nevertheless a strong public support for environmental
In May 2016, the Commission launched the protection is rooted in the need to safeguard Malta's Environmental Implementation Review (EIR), a two-year natural values for the future generations and also due to cycle of analysis, dialogue and collaboration to improve its economic importance for tourism.
the implementation of existing EU environmental policy Main Challenges and legislation 1 . As a first step, the Commission drafted
28 reports describing the main challenges and The main challenges with regard to implementation of EU opportunities on environmental implementation for each environmental policy and law in Malta derived from this Member State. These reports are meant to stimulate a review are:
positive debate both on shared environmental challenges Speeding up the implementation of the EU waste for the EU, as well as on the most effective ways to management requirements, as landfill rates are address the key implementation gaps. The reports rely on extremely high and recycling rates very low, as well the detailed sectoral implementation reports collected or as improving the water management to ensure issued by the Commission under specific environmental protection of water bodies and to prevent flash legislation as well as the 2015 State of the Environment floods.
Report and other reports by the European Environment Improving the air quality in the most urbanised areas Agency. These reports will not replace the specific by introducing systemic solutions for transport instruments to ensure compliance with the EU legal congestion.
obligations. Improving the protection of habitats and species of
EU interest by fully implementing the Natura 2000
The reports will broadly follow the outline of the 7th instruments and strengthening the enforcement of
Environmental Action Programme 2 and refer to the 2030 the Birds Directive.
Agenda for Sustainable development and related
Sustainable Development Goals (SDGs) 3 to the extent to Main Opportunities
which they reflect the existing obligations and policy
objectives of EU environmental law 4 . Malta could perform better on topics where there is
already a good knowledge base and good practices. This
The main challenges have been selected by taking into applies in particular to:
account factors such as the importance or the gravity of
the environmental implementation issue in the light of Supporting Small and Medium Enterprises (SMEs) to the impact on the quality of life of the citizens, the move towards a more circular economy.
distance to target, and financial implications. Improving compliance assurance by stepping up inspections and enforcement action.
The reports accompany the Communication "The EU Investing in making the tourism sector more Environmental Implementation Review 2016: Common sustainable which is a double win: less challenges and how to combine efforts to deliver better environmental pressure and a more attractive tourist results", which identifies challenges that are common to destination.
several Member States, provides preliminary conclusions
on possible root causes of implementation gaps and Points of Excellence
proposes joint actions to deliver better results. It also
groups in its Annex the actions proposed in each country Where Malta is a leader on environmental
report to improve implementation at national level. implementation, innovative approaches could be shared more widely with other countries. Concrete examples
General profile are:
Malta is the most urbanised, most densely populated (as The protection of traditional stone walls throughout inhabitants/km2) and the smallest Member State. These Malta as Green Infrastructure delivering multiple conditions, as well as the scarcity of natural resources, in benefits for agriculture and the environment.
A national flood relief project, co-funded by the EU
1 Communication "Delivering the benefits of EU environmental policies Cohesion Fund.
through a regular Environmental Implementation Review" ( COM/2016/ 316 final ).
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union
Environmental Action Programme to 2020 " Living well, within the limits of our planet ".
3 United Nations, 2015. The Sustainable Development Goals
4 This EIR report does not cover climate change, chemicals and energy.
Malta 5
Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving productive use, cutting waste and reducing dependence
resource efficiency on uncertain supplies, which would improve resilience and competitiveness of the economy. Decoupling
The 2015 Circular Economy Package emphasizes the need economic growth from resource use and its impacts to move towards a lifecycle-driven ‘circular’ economy, offers the prospect of sustainable growth that will last.
with a cascading use of resources and residual waste that
is close to zero. This can be facilitated by the Malta has announced to seek to contribute towards the development of, and access to, innovative financial circular economy and sustainability agendas
8 . EU
instruments and funding for eco-innovation. legislation and public authorities’ support for ‘greening’ the economy and stimulating innovation have been the
SDG 8 invites countries to promote sustained, inclusive key drivers of eco-innovation in Malta. Since joining the and sustainable economic growth, full and productive EU in 2004, Malta has invested heavily in environmental employment and decent work for all. SDG 9 highlights infrastructure and regulation. The EU has also been the need to build resilient infrastructure, promote providing an important source of funding in the inclusive and sustainable industrialization and foster environmental field, primarily through the Structural innovation. SDG 12 encourages countries to achieve the Funds.
sustainable management and efficient use of natural
resources by 2030. In terms of resource productivity
9 (how efficiently the
economy uses material resources to produce wealth), Malta performs around 30 % below EU average, with
Measures towards a circular economy 1.36 EUR/kg (EU average is 2) in 2015. Figure 1 shows a
Transforming our economies from linear to circular offers significant decrease since 2013.
an opportunity to reinvent them and make them more Figure 1: Resource productivity 2003-15 10
sustainable and competitive. This will stimulate investments and bring both short and long-term benefits
for the economy, environment and citizens alike 5 .
Malta's size and insularity pose a number of unique challenges. These include the difficulty to reap the benefits of economies of scale, a dependence on a very narrow range of exports, high transport costs in its economic transactions with mainland Europe, and heavy
reliance on imported fossil fuels 6 . The country’s water
resources are under severe stress, among others because of the semi-arid climate leading to chronic lack of natural water resources. Drinkable water supply is heavily dependent on desalination (which was significantly reduced over the last years but still consumes 3% of the
country’s total electricity generation). Furthermore, The Green Economy Strategy and Action Plan of Malta despite significant investments made in waste were adopted in December 2015. The documents set out management infrastructure, Malta’s specific the Government’s vision of the green economy in Malta characteristics continue to constrain the country’s ability articulated around sustainable growth, efficient use of to manage waste effectively 7 . natural resources, increased economic resilience, green
There is a clear scope for Malta to move to the circular jobs and accessibility of the natural capital.
economy model by bringing resources back into The Green Economy Strategy and Action Plan foresee
5 European Commission, 2015. Proposed Circular Economy Package 8 Ministry for Finance, 2016. National Reform Programme Malta 2016
6 Lauri, S., Caan, T.F., Azzopardi, J.P. and Bezzina, A., 2015. Energy 9 Resource productivity is defined as the ratio between gross domestic
Efficiency Trends and Policies in Malta , ODYSSEE-MURE product (GDP) and domestic material consumption (DMC).
7 Idem 10 Eurostat, Resource productivity , accessed October 2016
Malta 6
prioritising efforts to manage waste in line with the by almost 5 000 (6 %) in 2014-2016 and SME value added waste hierarchy and to reduce the carbon impact of by 13 %. waste, developing a comprehensive Waste Prevention
Programme, and working with businesses to promote Investing in innovative, cost-saving measures to reduce waste reduction and re-use as part of a broader resource resource and energy use in Malta could result in
efficiency programme. substantial cost savings. Based on results of best practices in other Member States, the cost/benefit ratio
Proposed actions related to water management include between investments and SME cost savings can be up to the introduction of voluntary water audits in companies, 1:20. The application in Malta of programmes supporting coupled with a grant scheme to support investments resource efficiency in SMEs such as ENWORKS (UK) might targeting water efficiency (see also section 3 on water). result in cost savings per enterprise of over EUR 34,000
To promote green jobs, the Strategy proposes the for energy firms and over EUR 84,000 for environmental development of a National Education for Sustainable technologies. Concerning four SME sectors (food & Development Strategy by the end of 2016, beverages; energy, power & utilities; environmental mainstreaming sustainability in different training technologies; construction), there would be an average
programmes. potential saving of EUR 46,000 per enterprise for in total 4,400 businesses (14% of all SMEs). For these sectors,
A number of instruments are in place to promote R&D such cost savings could amount to EUR 202 million and innovation projects. Malta’s Smart Specialisation annually. Getting to such savings requires an adequate Strategy prioritises innovation in thematic areas such as investment climate, and hands-on, direct technical and
tourism, maritime services, health, resource-efficient financial support to SMEs 12 .
buildings, and aquaculture. The Strategy foresees the
development of investment support schemes aimed at Direct support for SMEs on resource efficiency could be incentivising the adoption of best of breed ‘clean’ and combined with financial support, to overcome the small ‘eco-technology’ solutions, as well as other ‘green project size limitation and the mismatch between asset
financing’ mechanisms. life and available credit maturities by pooling of investment and risk and the use of public funding for
credit-enhancement.
Box Good Practice: Water scarcity and drought 11 Malta's government is committed to enhance SMEs
competitiveness by awareness-raising among SMEs of The FP7 project MARSOL - Demonstrating Managed the opportunities generated by the green economy, Aquifer Recharge as a Solution to Water Scarcity and promoting energy audits leading to resource efficiency, Drought (2013-2016) aims to stimulate the use of and supporting SMEs through the introduction of tax reclaimed water and other alternative sources in credits, grants, training and other similar schemes.
Managed Aquifer Recharge (MAR) systems and to
optimise Water Resource Management through the In the Flash 426 Eurobarometer "SMEs, resource
storage of excess water or by influencing gradients. efficiency and green markets" it is shown that 52% of Malta's SMEs have invested up to 5% of their annual
turnover in their resource efficiency actions (EU28 Through interventions at 8 demonstration sites (including average 50%), 23 % of them are currently offering green South Malta), MARSOL will demonstrate and compare products and services (EU28 average 26%); 64% took the effectiveness, efficiency and sustainability of measures to save energy (EU28 average 59%), 75% to different technologies to increase the availability of minimise waste (EU28 average 60%), 47% to save water freshwater under conditions of scarcity. Ultimately, the (EU28 average 44%), and 60% to save materials (EU28 project aims to deliver a key technology to face the average 54%). From a circular economy perspective, 59% challenge of rising water scarcity in southern Europe and took measures to recycle by reusing material or waste beyond. within the company (EU28 average 40%), 31% to design
products that are easier to maintain, repair or reuse
SMEs and resource efficiency (EU28 average 22%) and 28% were able to sell their scrap material to another company (EU28 average 25%). The
Small and Medium-sized enterprises (SMEs) are engines resource efficiency actions undertaken allowed the for growth, innovation and jobs. Malta has around reduction of production costs in 41% of the Malta's SMEs 29,000 SMEs. The SME sector is one of the very few in (EU28 average 45%). the EU to have expanded throughout the crisis. This The Flash Eurobarometer shows that 29% of the SMEs in growth is expected to continue for the near future: the Malta have one or more full time employee working in a
number of SME employees in Malta is predicted to rise
12 RPA, 2015. Assessing the Potential Cost Savings and Resource Savings 11 MARSOL of Investments in 4 SME sectors , study for European Commission
Malta 7
green job at least some of the time (EU28 average 35%). The tourism industry is one of the main pillars of Malta’s
Malta has an average number of 2.4 full time green economy, generating income and creating employment. employees per SME (EU28 average 1.7%). Tourism earnings account for approximately 26% of
Malta’s services exports and the industry represents 30%
Eco-innovation of GDP. The Maltese tourism policy 2012-2016 puts sustainable tourism at the heart of its vision.
Eco-innovation brings financial benefits through the Approximately 12,500 people work in the industry, which improved resource productivity and reduced costs of is 8.5% of the employed workforce (the highest in the EU material and energy. High European environmental – 1% is the EU average). standards have contributed to a competitive advantage
of the EU in the eco-industries, a sector which is At the same time, the tourism sector contributes expected to double worldwide by 2020, and where EU substantially to the environmental pressure (e.g. waste, companies hold major shares of the world market. transport) in Malta. In addition, traffic congestion & air Europe's eco-industry has been one of the few sectors to pollution and management of Natura 2000 areas need to
continue growing during the economic crisis. be dealt with to render Malta as a sustainable tourism destination. Part of Malta's rich biodiversity, a significant
Figure 2: Eco-Innovation Index 2015 (EU=100) 13 number of protected sites are relatively unspoiled (Gozo) and could therefore be prime destinations for high
quality and sustainable tourism. Well-planned and managed tourism in these areas has a significant potential for generating income and jobs. At the same time, the impact of any large-scale tourism activities on N2000 conservation values, especially in vulnerable coastal areas, must be properly assessed and regulated.
Suggested action
• Stimulate investments in green products and services and the development of sustainable tourism.
• Make incentives for SME resource efficiency and ecoinnovation more effective.
Waste management
Turning waste into a resource requires: − Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc. − Reducing per capita waste generation and waste generation in absolute terms. − Limiting energy recovery to non-recyclable materials and phasing out landfilling of recyclable or recoverable waste.
The Maltese government has committed towards the SDG 12 invites countries to substantially reduce waste adoption of eco-innovation solutions and is supporting generation through prevention, reduction, recycling and eco-innovation activities mostly through provision of reuse, by 2030.
various incentives. However, there is much room for
improvement. Malta’s composite eco-innovation index is The EU's approach to waste management is based on the
64, relative to the EU-average index of 100. The country’s "waste hierarchy" which sets out an order of priority ranking among the EU-28 fell from 18th place in 2013 to when shaping waste policy and managing waste at the
25th in 2015 as shown in Figure 2. operational level: prevention, (preparing for) reuse, recycling, recovery and, as the least preferred option,
disposal (which includes landfilling and incineration
Tourism without energy recovery).
The progress towards reaching recycling targets and the
13 Eco-innovation Observatory : Eco-Innovation scoreboard 2015
Malta 8
adoption of adequate WMP/WPP 14 should be the key Untreated residual waste plus non-recycled outputs from
items to measure the performance of Member States. MBT are disposed in Malta’s managed landfills. To meet
This section focuses on management of municipal waste EU targets, it will need to build the required for which EU law sets mandatory recycling targets. infrastructure. Revenues from a gradually increasing
Figure 3 depicts the municipal waste by treatment in landfill tax (which would also help diverting waste from
Malta in terms of kg per capita. Municipal 15 waste landfills) in conjunction with a better allocation of generation in 2014 is high compared to the EU average Cohesion Policy funds (which need to favour the higher (600 kg/y/inhabitant, compared to 475 kg/y/inhabitant solutions in the waste hierarchy) could contribute to this.
on average). 16 Figure 4: Recycling rate of municipal waste 2007-14 20
Figure 3: Municipal waste by treatment in Malta 2007-
14 17
Malta's 2014 Waste Management Plan recognises the large problems the country is facing with regard to waste management and includes useful policy actions which
The recycling and composting rate is only 12%, far below when implemented would certainly help to improve the the EU average of 44% and the 2020 target (50%). Figure situation. The Maltese environmental authorities have 4 shows that Malta will have to take decisive measures to launched several actions aiming to improve separate develop recycling in the coming years 18 . collection.
Data from 2014 19 show that with 88%, the landfilling rate Full implementation of the existing waste legislation is more than three times the EU average of 28% (data could create more than 1.100 jobs in Malta and increase from 2014). New data provided by Malta suggest a recent the annual turnover of the waste sector by EUR 116 improvement towards 79.7%. Malta's heavy reliance on million. Moving towards the targets of the Roadmap on waste disposal is not in line with the European targets resource efficiency could create over 1.200 additional and definitely an unnecessary pressure for its limited jobs and increase the annual turnover of the waste sector land. There has been only one mechanical and biological by EUR 134 million.
21
management facility (MBT) to treat mixed household In order to help bridging the implementation gap in waste, until a second one was developed with the help of Malta, the Commission has delivered a roadmap for the EU Cohesion funds and started to operate in 2016. compliance in which economic instruments play a crucial
role 22 .
14 Waste Management Plans/Waste Prevention Programmes Suggested action
15 Municipal waste consists of waste collected by or on behalf of
municipal authorities, or directly by the private sector (business or • Introduce a landfill tax and gradually increase it to
private non-profit institutions) not on behalf of municipalities. divert recyclable waste from the landfills. Use the
16 Waste generation per capita in Malta is inflated by the tourism sector:
some 1.6 million tourists visit Malta every year. 17 Eurostat, Municipal waste and treatment, by type of treatment 20 Eurostat, Recycling rate of municipal waste , accessed October 2016
method, accessed October 2016 21 Bio Intelligence service, 2011. Implementing EU Waste legislation for 18 Member States may choose a different method than the one used by Green Growth , study for European Commission. The breakdown per
ESTAT (and referred to in this report) to calculate their recycling rates country on job creation was made by the consultant on Commission and track compliance with the 2020 target of 50% recycling of demand but was not included in the published document.
municipal waste. 22 European Commission, 2013. Support to Implementation – Municipal 19 Eurostat, Municipal waste and treatment, by type of treatment Waste . Country fiche Malta
Malta 9
revenues to support the separate collection and alternative infrastructure in conjunction with a better allocation of the cohesion policy funds to the first steps of waste hierarchy. Avoid building excessive infrastructure for the treatment of residual waste.
• Step up the efforts on implementation of the separate collection obligation to increase recycling rates (e.g. reform of door-to-door separate waste collection). Use economic instruments (e.g. Pay As You Throw schemes) and education campaigns to support transition towards more recycling.
• Strengthen and empower enforcement capability, including inspection and enforcement to ensure subscribing to collection services.
Malta 10
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2.Protecting, conserving and enhancing natural capital
performance of Member States.
Nature and Biodiversity Malta hosts 30 habitat types and 52 species covered by
The EU Biodiversity Strategy aims to halt the loss of the Habitats Directive. The country also hosts biodiversity in the EU by 2020, restore ecosystems and populations of 4 threatened bird species listed in the their services in so far as feasible, and step up efforts to Birds Directive Annex I.
avert global biodiversity loss. The EU Birds and Habitats By early 2016, 13.2 % of the national land area of Malta
Directives aim at achieving favourable conservation
status of protected species and habitats. was covered by Natura 2000 (EU average 18.1 %), with Birds Directive SPAs covering 4.2 % (EU average 12.3 %)
SDG 14 requires countries to conserve and sustainably and Habitats Directive SCIs covering 12.8 % (EU average use the oceans, seas and marine resources, while SDG 15 13.8 %). Based on the situation until December 2014, requires countries to protect, restore and promote the while only few scientific reserves are found as concerns sustainable use of terrestrial ecosystems, sustainably the terrestrial component of the SCIs network, there are manage forests, combat desertification, and halt and major insufficiencies for the marine component of the reverse land degradation and halt biodiversity loss. SCIs part of the Natura 2000 network 24 as depicted in
The 1992 EU Habitats Directive and the 1979 Birds Figure 5. 2526
Directive are the cornerstone of the European legislation Although the 6-year deadline established by the Habitats
aimed at the conservation of the EU's wildlife. Natura
2000, the largest coordinated network of protected areas Directive to designate SACs and establish appropriate conservation objectives and measures has expired, Malta
in the world, is the key instrument to achieve and has not designated any SAC and it has defined
implement the Directives' objectives to ensure the longterm
protection, conservation and survival of Europe's management plans only for 7 SCIs
27 ; however, the
government has informed that it is currently working on
most valuable and threatened species and habitats and the draft management plans for the other areas.
the ecosystems they underpin.
According to the latest report on the conservation status of habitats and species covered by the Habitats
Directive 28 , 43% of the habitats' biogeographic
assessments were favourable in 2013 (EU 27: 16 %). On the other hand, 50 % are considered to be unfavourable–
inadequate 29 (EU27: 47%) and 7 % are unfavourable –
24 For each Member State, the Commission assesses whether the
species and habitat types on Annexes I and II of the Habitats Directive, are sufficiently represented by the sites designated to date. This is expressed as a percentage of species and habitats for which further areas need to be designated in order to complete the network in that country. A scientific reserve is given when further research is needed to identify the most appropriate sites to be added
The adequate designation of protected sites as Special for a species or habitat. The current data , which were assessed in
Ares of Conservation (SAC) under the Habitats Directive 2014-2015, reflect the situation up until December 2013. 25
and as Special Protection Areas (SPA) under the Birds Malta has sent new data suggesting an improved situation, but they could not yet be included in this figure for consistency reasons.
Directive is a key milestone towards meeting the 26 The percentages in Figure 5 refer to percentages of the total number objectives of the Directives. The results of Habitats of assessments (one assessment covering 1 species or 1 habitat in a
Directive Article 17 and Birds Directive Article 12 reports given biographical region with the Member State); if a habitat type or
and the progress towards adequate Sites of Community a species occurs in more than 1 Biogeographic region within a given Member State, there will be as many individual assessments as there
Importance (SCI)-SPA and SAC designation 23 both in land are Biogeographic regions with an occurrence of that species or
and at sea, should be the key items to measure the habitat in this Member State.
27 According to the Maltese authorities, work is ongoing and the designation process should be finalised in 2016.
23 Sites of Community Importance (SCIs) are designated pursuant to the 28 The core of the ‘Article 17’ report is the assessment of conservation
Habitats Directive whereas Special Areas of Protection (SPAs) are status of the habitats and species targeted by the Habitats Directive.
designated pursuant to the Birds Directive; figures of coverage do 29 Conservation status is assessed using a standard methodology as
not add up due to the fact that some SCIs and SPAs overlap. Special being either ‘favourable’, ‘unfavourable-inadequate’ and Areas of Conservation (SACs) means a SCI designated by the Member ‘unfavourable-bad’, based on four parameters as defined in Article 1 States. of the Habitats Directive.
Malta 11
bad (EU27: 30%). As for the species, 40 % of the Commission, and resulted in several infringement
assessments were favourable in 2013 (EU 27: 23%) 37% procedures. 32 .
at unfavourable-inadequate (EU27: 42%) and 8% Figure 6: Conservation status of habitats and species in
unfavourable-bad status (EU27: 18%). This is depicted in Malta in 2007/2013 (%) 33
Figure 6 30 . Only 9% of the unfavourable assessments for
species were showing positive trends in 2013 and no habitats in unfavourable status was showing positive trends in 2013.
Figure 5: Sufficiency assessment of SCI networks in
Malta based on the situation until December 2013 (%) 31
Figure 7 illustrates that bird species breeding in Malta show overall a favourable situation, although 12% of the species has decreasing populations. On the three wintering species, short term trends are unknown.
Figure 7: Short-term population trend of breeding and
The main pressures and threats for habitats identified in wintering bird species in Malta in 2012 (%) 34
the 2013 report were human intrusions and disturbances, geological events, natural catastrophes, and invasive, other problematic species and genes. The main pressures and threats for species were natural biotic and abiotic processes, invasive, other problematic species and genes, and human intrusions and disturbances.
Malta has over the past three years strengthened the enforcement system to reduce bird-related crime, including, in particular, illegal killing of protected species.
However, concerns regarding the implementation of the
Birds Directive in Malta remain, in particular in relation to the regular use of hunting and trapping derogations, and
to the reported incidents the enforcement authorities Suggested action
are confronted with. These have generated many
complaints from Maltese and EU citizens to the European • Complete the Natura 2000 designation process and put
in place clearly defined conservation objectives and the necessary conservation measures for the sites and
30 Please note that a direct comparison between 2007 and 2013 data is complicated by the fact that Bulgaria and Romania were not covered
by the 2007 reporting cycle, that the ‘unknown’ assessments have 32 For example the decisions to open spring hunting seasons or trapping
strongly diminished particularly for species, and that some reported of finch species.
changes are not genuine as they result from improved data / 33 These figures show the percentage of biogeographical assessments in
monitoring methods. each category of conservation status for habitats and species (one 31 European Commission internal assessment. It should be noted, assessment covering 1 species or 1 habitat in a given biographical
however, that Figure 5 does not yet incorporate the designation of region with the Member State), respectively. The information is the latest three marine Sites of Community Importance. This revision based on Article 17 of the Habitats Directive reporting - national would bring the relevant sufficiency of the Malta marine SCI network summary of Malta
up to 75%, according to the Maltese authorities. 34 Article 12 of the Birds Directive reporting - national summary of Malta
Malta 12
provide adequate resources for their implementation in order to maintain/restore species and habitats of community interest to a favourable conservation status
across their natural range. Green Infrastructure
• Develop and promote smart and streamlined implementation approaches, in particular as regards
site and species permitting procedures, ensuring the The EU strategy on green infrastructure
37 promotes the
incorporation of green infrastructure into related plans
necessary knowledge and data availability. Strengthen and programmes to help overcome fragmentation of
communication with stakeholders. habitats and preserve or restore ecological connectivity,
• Ensure that hunting and trapping practices remain enhance ecosystem resilience and thereby ensure the
aligned to the requirements of the Birds Directive by continued provision of ecosystem services.
continuing the enforcement efforts, more effective
regulation and also by investing in education and Green Infrastructure provides ecological, economic and
awareness-raising programs. social benefits through natural solutions. It helps to
understand the value of the benefits that nature provides to human society and to mobilise investments to sustain
Estimating Natural Capital and enhance them.
The EU Biodiversity Strategy to 2020 calls on the Member Malta’s National Biodiversity Strategy and Action Plan
States to map and asses the state of ecosystems and 2012-2020 explicitly address Green Infrastructure and
their services 35 in their national territory by 2014, assess connectivity. Green infrastructure and references to
the economic value of such services, and promote the “greening open spaces”; “developing ecological integration of these values into accounting and reporting corridors” and “improving the quality of design, and life, systems at EU and national level by 2020. in urban areas, by providing quality green open areas"
Malta has carried out a preliminary identification of key are included in the Strategic Plan for the Environment ecosystems and ecosystem services and work has and Development (SPED) for Malta and Malta’s National commenced to implement the measures relating to strategy on Climate Change Adaptation. The National MAES 36 in Malta’s National Biodiversity Strategy and Environment Policy also promotes green, connected Action Plan 2012-2020. This work involves prioritising urban open space (measure 2.2.21) and the policy on ecosystems and ecosystem services for mapping and greening our cities in section 2.4.
38
assessment. Currently, Malta’s Green infrastructure is seen as a
Work on natural capital accounting is at an initial stage of holistic framework for improving the ecological development. coherence of Natura 2000 via its integration into the
broader landscape, and as a result curbing habitat
Suggested action fragmentation; improving adaptation to climate change;
• Strengthen support for the mapping and assessment of and promoting integrated flood management.
ecosystems and their services, valuation and Implementation of Green Infrastructure policy has only
development of natural capital accounting systems. recently started in Malta, therefore much remains to be
done. An example of good practice is the national policy
to protect ecological corridors in the form of rubble walls
in agricultural areas. These traditional stone walls, which
are found throughout Malta, are a good example of how
integrated design of Green Infrastructure helps to deliver
multiple benefits such as storm water management,
maintenance of the water table and interconnected
wildlife refuges and benefit agriculture production and
minimising soil erosion.
Malta has also benefitted from a number of LIFE projects dedicated to conservation and improvement of the coastal areas. As a country that relies heavily on its marine natural capital for trade and for tourism, investment in the coastal areas has generated benefits
35 Ecosystem services are benefits provided by nature such as food, 37 European Union, Green Infrastructure — Enhancing Europe’s Natural
clean water and pollination on which human society depends. Capital, COM/2013/0249
36 Mapping and Assessment of Ecosystems and their Services (MAES). 38 National Environment Policy , February 2012.
Malta 13
for nature, for the local economy and for jobs. of soil protection policy instruments in Malta and other
EU Member States is being performed by the EU Expert Group on Soil Protection.
Soil protection Figure 8: Land Cover types in Malta in 2012 42
The EU Soil Thematic Strategy highlights the need to ensure a sustainable use of soils. This requires the prevention of further soil degradation and the preservation of its functions, as well as the restoration of degraded soils. The 2011 Road Map for Resource
Efficient Europe, part of Europe 2020 Strategy provides that by 2020, EU policies take into account their direct and indirect impact on land use in the EU and globally, and the rate of land take is on track with an aim to achieve no net land take by 2050.
SDG 15 requires countries to combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land-degradation-neutral world by 2030.
Soil is an important resource for life and the economy. It provides key ecosystem services including the provision of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation, the provision of raw and building material. Soil is a finite and extremely fragile resource and increasingly degrading in the EU. Land taken by urban development and infrastructure is highly unlikely to be reverted to its natural state; it consumes mostly agricultural land and
increases fragmentation of habitats. Soil protection is Marine protection
indirectly addressed in existing EU policies in areas such
as agriculture, water, waste, chemicals, and prevention The EU Coastal and Marine Policy and legislation require
of industrial pollution. that by 2020 the impact of pressures on marine waters is reduced to achieve or maintain good environmental
The annual land take rate (growth of artificial areas) as status and coastal zones are managed sustainably.
provided by CORINE Land Cover was 0.03% in Malta over
the period 2006-12, well below the EU average (0.41%). It SDG 14 requires countries to conserve and sustainably represented 3 hectares per year 39 . The percentage of use the oceans, seas and marine resources for built up land in 2009 was 15.23%, well above the EU sustainable development.
average (3.23%) 40 . The soil water erosion rate in 2010 The Marine Strategy Framework Directive (MSFD) 43 aims was 5.39 tonnes per ha per year, well above EU-28 to achieve Good Environmental Status (GES) 44 of the EU's average (2.46 tonnes) 41 . marine waters by 2020 by providing an ecosystem
Figure 8 shows the different land cover types in Malta in approach to the management of human activities with
2012. impact on the marine environment. The Directive requires Member States to develop and implement a
There are still not EU-wide datasets enabling the marine strategy for their marine waters, and cooperate provision of benchmark indicators for soil organic matter with Member States sharing the same marine region or decline, contaminated sites, pressures on soil biology and subregion. diffuse pollution. An updated inventory and assessment
42 European Environment Agency, Land cover 2012 and changes country 39 European Environment Agency Draft results of CORINE Land Cover analysis [publication forthcoming]
(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 43 European Union, Marine Strategy Framework Directive 2008/56/EC artificial land. 44 The MSFD defines Good Environmental Status (GES) in Article 3 as:
40 European Environment Agency, 2016. Imperviousness and “The environmental status of marine waters where these provide
imperviousness change, Figure 1 ecologically diverse and dynamic oceans and seas which are clean,
41 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 healthy and productive”.
Malta 14
As part of their marine strategies, Member States had to weaknesses in identifying what GES is in the first place. make an initial assessment of their marine waters,
determine GES and establish environmental targets by Malta established a monitoring programme of its marine
July 2012. They also had to establish monitoring waters in 2014. However, because this monitoring programmes for the on-going assessment of their marine programme was reported late to the Commission, waters by July 2014. The next element of their marine Malta's monitoring programme was not evaluated in the strategy is to establish a Programme of Measures (2016). latest Commission's assessment
46 .
The Commission assesses whether these elements In 2012, Maltese marine protected areas covered 193.3
constitute an appropriate framework to meet the km 2 of its marine waters in the Ionian and Central requirements of the MSFD. Mediterranean Sea 47 . However, Malta reported that it
designated an additional 9 marine protected sites in 2016 bringing the total area of coverage to 3487km².
In its report on the implementation of the MSFD 48 , the
Commission provided guidance to assist Malta in its implementation of the Marine Strategy Framework Directive. However, because of the late reporting of Malta's monitoring programme, the Commission's guidance only concerns Malta's good environmental status, targets and initial assessment.
Suggested action
• Continue work to improve the definitions of GES, including through regional cooperation by using the
Malta's marine waters are part of the marine region of work of the relevant Regional Sea Convention. the Mediterranean Sea. Malta is party to the Convention • Address knowledge gaps.
for the Protection of the Marine Environment and the • Further develop approaches assessing (and Coastal Region of the Mediterranean (Barcelona quantifying) impacts from the main pressures in order Convention). The Mediterranean Sea region has been to lead to improved and more conclusive assessment identified by the EEA in its 2015 State of the Environment results for 2018 reporting.
report as one of the main climate change hotspots (i.e. • Urgently report and implement its programme of one of the areas most responsive to climate change) due measures 49 to semi-arid climatic characteristics of the region leading • Ensure that its monitoring programme is implemented to water scarcity, concentration of economic activities in without delay, and is appropriate to monitor progress coastal areas, and reliance on climate-sensitive towards the GES.
agriculture. The introduction of invasive alien species presents an important threat in the Mediterranean Sea
Region with the number of invasive alien species increasing significantly since 1970. Finally, the unique biodiversity of the Mediterranean Sea Region is also threatened by pollution from land-based sources, such as discharges of excess nutrients and hazardous substances, marine litter, over-fishing, and degradation of critical habitats.
With regards to specificities of the implementation of the
MSFD in Malta, GES definitions are mainly qualitative and in some cases contain caveats that indicate a low level of ambition. In addition, the approach used to define GES 46
varies and in most of the cases no threshold values, . Commission Staff Working Document Accompanying the Commission Report assessing Member States' monitoring programmes under the
baselines or trends are provided. Thus, GES was not Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1
measurable 45 . It is therefore too early to say whether final) 47
Maltese waters are in good status as there were 2012 Data provided by the European Environmental Agency – Not published
48 Commission Staff Working Document Accompanying the Commission
Report assessing Member States' monitoring programmes under the
45 Commission Staff Working Document Accompanying the Commission Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1
Report assessing Member States' monitoring programmes under the final) Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 49 As of 7.10.2016, Malta had not yet reported its programme of final) measures to the Commission.
Malta 15
-
3.Ensuring citizens' health and quality of life
well as ammonia (-16%) ensure air emissions for these
Air quality pollutants are within the currently applicable national
53
The EU Clean Air Policy and legislation require that air emission ceilings . While total emissions of volatile organic compounds increased with 65%, this pollutant is
quality in the Union is significantly improved, moving
closer to the WHO recommended levels. Air pollution within its currently applicable national emission ceiling.
and its impacts on ecosystems and biodiversity should be In the last years, air quality in Malta is reported to be further reduced with the long-term aim of not exceeding generally good, with exceptions. Nevertheless, for the critical loads and levels. This requires strengthening year 2013, the European Environment Agency estimated efforts to reach full compliance with Union air quality that about 230 premature deaths were attributable to
legislation and defining strategic targets and actions fine particulate matter 54 concentrations and 20 to ozone beyond 2020. concentrations 55 . This is due also to exceedances above
The EU has developed a comprehensive suite of air the EU air quality standards such as shown in Figure 9
56 .
quality legislation 50 , which establishes health-based For 2014, exceedances above the EU air quality standards standards and objectives for a number of air pollutants. have been registered related to target values and the
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014
As part of this, Member States are also required to ensure that up-to-date information on ambient concentrations of different air pollutants is routinely
made available to the public. In addition, the National nitrogen monoxide (NO) and nitrogen dioxide (NO2).
Emission Ceilings Directive provides for emission 53 The current national emission ceilings apply since 2010 ( Directive reductions at national level that should be achieved for 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by
main pollutants. Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC i and
The emission of several air pollutants has decreased repealing Directive 2001/81/EC i. 54
significantly in Malta 51 . Reductions between 1990 and Particulate matter (PM) is a mixture of aerosol particles (solid and liquid) covering a wide range of sizes and chemical compositions.
2014 for sulphur oxides (-68%), nitrogen oxides 52 (-1%) as PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
micrometres or less. PM is emitted from many human sources, including combustion.
50 European Commission, 2016. Air Quality Standards 55 European Environment Agency, 2016. Air Quality in Europe – 2016
51 See EIONET Central Data Repository and Air pollutant emissions data Report (Table 10.2, please see details in this report as regards the
viewer (NEC Directive) underpinning methodology) 52 NOx is emitted during fuel combustion e.g. from industrial facilities 56 Based on European Environment Agency, 2016. Air Quality in Europe
and the road transport sector. NOx is a group of gases comprising – 2016 Report . (Figures 4.1, 5.1 and 6.1)
Malta 16
long-term objectives regarding ozone 57 concentration 58 . Directive is delayed. For the agglomeration 62 , the noise
The external cost of traffic congestion has been mapping for the most recent reporting round, for the estimated at EUR 274 million per year for 2012 and EUR reference year 2011, is complete. However, the action 317 million in 2020 if there are no policy changes 59 . plan for noise management in the current period has not Besides economic, this situation has considerable been adopted for the agglomeration. For roads, the environmental impacts as well. Indeed, it is estimated Maltese authorities have fulfilled all their obligations.
that the health-related external costs from air pollution
in Malta are above EUR 182 million/year (income Water quality and management
adjusted, 2010), which include not only the intrinsic value of living a full health life but also direct costs to the
economy. These direct economic costs relate to 44 The EU water policy and legislation require that the thousand workdays lost each year due to sickness related impact of pressures on transitional, coastal and fresh to air pollution, with associated costs for employers of waters (including surface and ground waters) is EUR 5 million/year (income adjusted, 2010), for significantly reduced to achieve, maintain or enhance healthcare of above EUR 0.6 million/year (income good status of water bodies, as defined by the Water adjusted, 2010), and for agriculture (crop losses) of EUR 2 Framework Directive; that citizens throughout the Union million/year (2010) 60 . These costs could be significantly benefit from high standards for safe drinking and bathing reduced by stepping up pollution control or prevention water; and that the nutrient cycle (nitrogen and
measures. phosphorus) is managed in a more sustainable and resource-efficient way.
Suggested action
• Develop a comprehensive strategy and action plan to SDG 6 encourages countries to ensure availability and tackle traffic congestion in order to decrease air sustainable management of water and sanitation for all.
pollution and related health costs. The main overall objective of EU water policy and
legislation is to ensure access to good quality water in
Noise sufficient quantity for all Europeans. The EU water
acquis 63 seeks to ensure good status of all water bodies
across Europe by addressing pollution sources (from e.g.
The Environmental Noise Directive provides for a agriculture, urban areas and industrial activities), physical common approach for the avoidance, prevention and and hydrological modifications to water bodies) and the reduction of harmful effects due to exposure to management of risks of flooding.
environmental noise.
River Basin Management Plans (RBMPs) are a
Excessive noise is one of the main causes of health requirement of the Water Framework Directive and a
issues 61 . To alleviate this, the EU acquis sets out several means of achieving the protection, improvement and
requirements, including assessing the exposure to sustainable use of the water environment across Europe. environmental noise through noise mapping, ensuring This includes surface freshwaters such as lakes and rivers, that information on environmental noise and its effects is groundwater, estuaries and coastal waters up to one made available to the public, and adopting action plans nautical mile.
with a view to preventing and reducing environmental
noise where necessary and to preserving the acoustic Malta has provided information to the Commission from environment quality where it is good. its second RBMP in 2016. However, as the Commission
has not yet been able to validate this information for all
Malta's implementation of the Environmental Noise Member States, it is not reported here.
In its first generation RBMP Malta reported the status of 9 coastal and 15 groundwater bodies. 71% of natural
57 Low level ozone is produced by photochemical action on pollution and it is also a greenhouse gas.
58 See The EEA/Eionet Air Quality Portal and the related Central Data 62 The Noise Directive requires Member States to prepare and publish,
Repository every 5 years, noise maps and noise management action plans for
59 This includes the opportunity costs of time and fuel wasted in agglomerations with more than 100,000 inhabitants, and for major
congested traffic, accidents, air pollution climate change and noise. roads, railways and airports. Malta counts as one agglomeration.
Source: tbc 63 This includes the Bathing Waters Directive (2006/7/EC); the Urban
60 These figures are based on the Impact Assessment for the European Waste Water Treatment Directive (91/271/EEC) concerning
Commission Integrated Clean Air Package (2013) discharges of municipal and some industrial waste waters; the
61 WHO/JRC, 2011, Burden of disease from environmental noise, Drinking Water Directive (98/83/EC) concerning potable water
Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), quality; the Water Framework Directive (2000/60/EC) concerning World Health Organization, Regional Office for Europe , Copenhagen, water resources management; the Nitrates Directive (91/676/EEC) Denmark and the Floods Directive (2007/60/EC)
Malta 17
surface water bodies (coastal areas) achieve a good or requirements as regards the secondary treatment
high ecological status 64 . Only 13% of groundwater bodies requirement and the more stringent treatment. Malta achieve good chemical status 65 and 73% of groundwater has indicated that the non-compliance is due to an excess bodies are in good quantitative status 66 . The main of farm manure discharges in collecting systems leading pressure on Malta's surface water is diffuse pollution 67 to poor performance of the plants where these
affecting 67% of water bodies followed by point sources discharges enter. Malta reported that it published a Farm of pollution affecting 56% and coastal management Waste Management Plan in March 2016, whose aim is to affecting 33% of water bodies. tackle this specific issue.
This first Maltese RBMP has a number of deficiencies in In a water-scarce country such as Malta, many economic view of the uncertainty about the status, pressures and activities, including the touristic sector, as well as effectiveness of Programmes of Measures. In particular industry and manufacturing, are heavily dependent on a there are weaknesses in monitoring and methods for stable water supply. However, Malta’s groundwater assessment and classification of the status of coastal resources are heavily exploited, at a rate well above the
waters. 68 Private abstraction is an important pressure on natural recharge, and the island’s aquifers are slowly groundwater, whereas the quantitative status is not being invaded by seawater. 71
monitored adequately. Exemptions are applied without
transparent justifications. The planned measures are The economic argument for using tariffs to regulate expected to result in improvement of ecological status of groundwater use, in addition to other measures, is surface water bodies by 14%, chemical status of strong. If groundwater resources continue to deteriorate,
groundwater by 7% and quantitative status by 13%. both in qualitative and quantitative terms, as it is happening today, drinking water will have to be sourced
As regards drinking water, Malta reaches very high almost entirely from desalination, which is definitely compliance rates of 99-100% for microbiological and more expensive. The costs of substituting groundwater chemical parameters, but shows a 90.1% compliance rate with desalinated water were estimated around EUR 1.7 with indicator parameters laid down in the Drinking million per year (2006 estimate), based on energy costs.
Water Directive 69 . The relatively low compliance rates for Malta has informed the Commission that ongoing energy
indicator parameters in drinking water in Malta are efficiencies in the water sector show a decrease in energy predominantly caused by chloride and sodium due to the demands and therefore energy costs likely intrusion of sea water, but which does not pose a
risk to health. In addition, groundwater bodies are seriously contaminated by nitrates from the downward movement
As shown in Figure 10, in 2015, in Malta out of 87 bathing of fertilizers and animal waste into the aquifer. waters, 97.7 % were of excellent quality, 2.3 % of good
quality, showing a slight decrease since 2014 70 . All Figure 10: Bathing water quality 2012 – 2015
72
bathing waters had at least sufficient quality in 2015.
Since 2012, 100% of the waste water load in Malta was connected to a collecting system. However, the load collected is not treated in compliance with EU
64 Good ecological status is defined in the Water Framework Directive referring to the quality of the biological community, the hydrological characteristics and the chemical characteristics.
65 Good chemical status is defined in the Water Framework Directive referring to compliance with all the quality standards established for chemical substances at European level.
66 For groundwater, a precautionary approach has been taken that comprises a prohibition on direct discharges to groundwater, and a requirement to monitor groundwater bodies.
67 Diffuse pollution comes from widespread activities with no discrete
source. 68 Malta has informed the Commission that water level monitoring
networks are installed in the two main mean sea level groundwater bodies, and that monitoring strategies which go over and above the
requirements of the WFD are being developed by MT during the With regards to nitrates contamination, despite the
course of the 2nd RBMP for the main sea level groundwater bodies.
69 Commission's Synthesis Report on the Quality of Drinking Water in 71 Malta has informed the Commission that recent monitoring data
the Union examining Member States' reports for the 2011-2013 indicates that the monitoring of the groundwater bodies which are period, foreseen under Article 13(5) of Directive 98/83/EC i; affected by overexploitation are in a stable state, which would COM(2016)666 i suggest a balance between abstraction and recharge.
70 European Environment Agency, 2016. European bathing water quality 72 European Environment Agency, State of bathing water country in 2015 , p. 30 reports -Malta , 2016
Malta 18
existence of rules for water protection, implementation The Member States, European institutions, cities and on the ground and enforcement remain very challenging. stakeholders have prepared a new Urban Agenda for the The whole of Malta is designated as Nitrate Vulnerable EU (incorporating the Smart Cities initiative) to tackle Zone under the EU Nitrates Directive and is subject to these issues in a comprehensive way, including their restrictions upon management under the Nitrates Action connections with social and economic challenges. At the Plan for Malta and related national legislation. Malta has heart of this Urban Agenda will be the development of informed that the second RBMP also has a focus in this. twelve partnerships on the identified urban challenges,
Floods in Malta are of the flash flood type 73 and 13 floods including air quality and housing
77 .
occurred between 2002-2013, of which one (2003) with The European Commission will launch a new EU
an estimated damage of EUR 30 million 74 . Malta has benchmark system in 2017 78 .
received EUR 0.96 million from the EU Solidarity Fund for
the damage caused by storm and floods in 2013. A The EU stimulates green cities through awards and
National Flood Relief project, co-funded by the EU funding, such as the EU Green Capital Award aimed at
Cohesion Fund, is being implemented. cities with more than 100,000 inhabitants and the EU Green Leaf initiative aimed at cities and towns, with
Suggested action between 20,000 and 100,000 inhabitants.
• Improve monitoring and status assessment under the
Water Framework Directive 75 . Better justify the
exemptions to the Water Framework Directive environmental objectives applied on the basis of article 4(4). Further improve the RBMP Programme of Measures to address all relevant pressures and implementation gaps, in particular linked to agricultural pollution by nutrients and over-abstraction of groundwater. Measures should be properly financed.
• Combine flood management with water retention in a comprehensive way, considering also the serious water scarcity problems.
• Strengthen control and enforcement of measures to Around 34 per cent of Malta is built up area. It is the prevent and reduce nitrate pollution. country with the highest proportion of built up areas
within the whole EU. Given the limited space available,
Enhancing the sustainability of cities land use and urban planning issues are at the centre of discussions in Malta.
The EU Policy on the urban environment encourages
cities to implement policies for sustainable urban Malta also has 9.5 per cent of the total road network planning and design, including innovative approaches for heavily congested when compared to the EU average of urban public transport and mobility, sustainable 1.7 per cent. The average number of seconds of delay per buildings, energy efficiency and urban biodiversity km is estimated at 16.93 seconds when the European
conservation. average is 5.74 seconds. The results also suggest the strongest deterioration in the levels of congestion of all
SDG11 aims at making cities and human settlements member states. This growth in car dependence has had inclusive, safe, resilient and sustainable. impacts on the island’s environment and public health
Europe is a Union of cities and towns; around 75% of the (see also the section on air quality).
EU population are living in urban areas. 76 The urban Making cities more sustainable can be stimulated in environment poses particular challenges for the various ways. Recurring events are able to energise environment and human health, whilst also providing follow-up activities. An example is the Valletta Green opportunities and efficiency gains in the use of resources. Festival which takes place since 2014 and aims to raise
awareness, improve and contribute towards the ecological aspects of Malta's capital city and that of other
73 Flash flood type following intense rainfall events are a result of uncontrolled surface water runoff in urbanised dry valley channels.
74 RPA, 2014. Study on Economic and Social Benefits of Environmental 77 http://urbanagendaforthe.eu/
Protection and Resource Efficiency Related to the European 78 The Commission is developing an Urban Benchmarking and Semester. Study for the European Commission, Annex 1: Country Monitoring ('UBaM') tool to be launched in 2017. Best practices fiches emerge and these will be better disseminated via the app featuring
75 The full set of recommendations in relation to the WFD are here . the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR,
76 European Environment Agency, Urban environment Committee of the Regions, Covenant of Mayors and others.
Malta 19
towns in Malta and Gozo. Another notable initiative was Agreement, the Nagoya Protocol 80 , and the International
the international Sustainable Built Environment Convention for the Regulation of Whaling. conference which took place on 16-18 March 2016 and
focused on new opportunities. Malta will be using 2014- Suggested action
20 ESIF to support clean urban infrastructure and • Increase efforts to be party to relevant multilateral promotion. environmental agreements, by signing and ratifying the
remaining agreements.
International agreements
The EU Treaties require that the Union policy on the environment promotes measures at the international level to deal with regional or worldwide environmental problems.
Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation. International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the Member States to sign, ratify and effectively implement all relevant multilateral environmental agreements (MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs, which Member States committed to in 2015 and include many commitments contained already in legally binding agreements.
The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU. Currently, Malta has signed but not yet ratified the Stockholm Convention on Persistent Organic Pollutants, the Offshore Protocol of
the Barcelona Convention 79 and the Protocol on
Integrated Coastal Zone Management.
It has neither signed nor ratified three agreements under the Convention on Long-range Transboundary Air Pollution: the Gothenburg Protocol to Abate Acidification, Eutrophication and Ground-level Ozone, the Persistent Organic Pollutions Protocol and the Heavy Metals Protocol. The same applies to the Rotterdam Convention on a Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, the Helsinki Convention on Industrial Accidents, the African-Eurasian Migratory Waterbird
79 Protocol for the Protection of the Mediterranean Sea against 80 Nagoya protocol on access to genetic resources and the fair and
Pollution Resulting from Exploration and Exploitation of the equitable sharing of benefits arising from their utilization to the Continental Shelf and the Seabed and its Subsoil. Convention on biological diversity
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Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
the future in terms of clean up, health costs, etc. Green
Green taxation and environmentally harmful taxes generate sizeable revenues, are simple in
subsidies implementation, and have a useful additional function in the total policy package.
The Circular Economy Action Plan encourages the use of
financial incentives and economic instruments, such as Figure 11: Environmental tax revenues as a share of total taxation to ensure that product prices better reflect revenues from taxes and social contributions (excluding environmental costs. The phasing out of environmentally imputed social contributions) in 2014
83
harmful subsidies is monitored in the context of the
European Semester and in national reform programmes submitted by Member States.
Taxing pollution and resource use can generate increased revenue and bring important social and environmental benefits.
Expressed as a proportion of GDP, Malta ranked 10th among the EU-28 in 2014 in terms of revenue derived from environmental taxes. Malta ranked low, in 23rd place, for the percentage share of GDP from energy taxes, but was in 2nd place in terms of percentage share of GDP from transport taxes (excluding fuel).
Malta is one of the EU countries that could benefit from a redesign of environment-related taxation, among others
because of its subsidies on company cars. A 2016 study 81
suggests that there is considerable potential for shifting taxes from labour to environmental taxes in Malta. Under
a good practice scenario 82 , these taxes could generate an
additional EUR 0.05 billion in 2018, rising to EUR 0.11 billion in 2030 (both in real 2015 terms). This is equivalent to 0.57% and 0.83% of GDP in 2018 and 2030, respectively. In the same year environmental tax revenues accounted for 8.51% of total revenues from taxes and social-security contributions (EU 28 average: 6.35%) as shown in Figure 11.
Using the full potential of taxing pollution and resource use would not only bring in additional revenues to
substitute for cuts in spending and therefore help It should be noted, however, that specific national achieving a similar net budgetary outcome, but also help circumstances will determine what is feasible in practice, discouraging activities that will bring additional cost in and that changes in tax policy should be preceded by an
assessment to identify potential negative distributional
81 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, impacts.
2016. Study on Assessing the Environmental Fiscal Reform Potential Compared to other Member States, Malta could
for the EU28. N.B. National governments are responsible for setting
tax rates within the EU Single Market rules and this report is not investigate if further taxation of transport fuels, a nonsuggesting
concrete changes as to the level of environmental hazardous landfill tax, and a water abstraction tax or
taxation. It merely presents the findings of the 2016 study by Eunomia charge would have the dual benefit of improving the
et al on the potential benefits various environmental taxes could environment and raising additional revenues.
bring. It is then for the national authorities to assess this study and
their concrete impacts in the national context. A first step in this In 2013 all Member States agreed to phase out
respect, already done by a number of Member States, is to set up
expert groups to assess these and make specific proposals. environmentally harmful subsidies 'without delay'. Malta
82 The good practice scenario means benchmarking to a successful
taxation practice in another Member State. 83 Eurostat, Environmental tax revenues , accessed October 2016
Malta 21
has not yet presented a policy programme with such a ranging from 10 % up to 100 %. target. Harmonisation of fuel taxes and reducing car
taxation subsidies could be part such a programme. Additionally, actions on GPP will continue in 2016 with an emphasis on the development of the second National
Action plan to further integrate resource efficiency and
Green Public Procurement sustainable production and consumption principles into
public expenditure. The EU green public procurement policies encourage
Member States to take further steps to reach the target
of applying green procurement criteria to at least 50% of Investments: the contribution of EU funds
public tenders.
Green Public Procurement (GPP) is a process whereby European Structural and Investment Funds Regulations public authorities seek to procure goods, services and provide that Member States to promote environment works with a reduced environmental impact throughout and climate objectives in their funding strategies and their life-cycle when compared to goods, services and programmes for economic, social and territorial works with the same primary function that would cohesion, rural development and maritime policy, and
otherwise be procured. reinforce the capacity of implementing bodies to deliver cost-effective and sustainable investments in these areas.
The purchasing power of public procurement in the EU
equals to approximately 14% of GDP 84 . A substantial part Making good use of the European Structural and
of this money is spent on sectors with high Investment Funds (ESIF)
88
is essential to achieve the
environmental impact such as construction or transport, environmental goals and integrate these into other policy so GPP can help to significantly lower the impact of areas. Other instruments such as the Horizon 2020, the public spending and foster sustainable innovative LIFE programme and the EFSI
89
may also support
businesses. The Commission has proposed EU GPP implementation and spread of best practice. criteria 85 . In 2007-2013, EU funding (European Regional Malta adopted a National Acton Plan (NAP) in August Development Fund and Cohesion Fund) to the 2011. The review process started in 2015. There is no environmental sector was very important, EUR 89.2 specific national legislation concerning GPP, however an million for climate change and resource efficient and EUR administrative procedure is in place whereby all 160.9 million for safeguarding the environment and risk contracting authorities are required to complete a GPP prevention, supporting key infrastructure investments checklist prior to tender publication. A circular has been which contributed to the improvement of the issued in December 2014 outlining the decentralization environment conditions in Malta. Examples of these are of administrative responsibilities to all line ministries with Malta's South Sewage Treatment facility as well as other respect to GPP. Each ministry has nominated a GPP investments in solid waste management and flash flood Coordinator with a remit to ensure that all tenders issued risk prevention infrastructure.
by that ministry are in accord with the national GPP
criteria. 86 The Partnership Agreement (PA) 2014-2020 was agreed in October 2014. The main environmental challenge is
During 2015, the Green Public Procurement Office within the non-fulfilment of the water ex ante conditionality the Ministry for Sustainable Development, the which aims to ensure that Malta will ensure the existence Environment and Climate Change (MSDEC) continued its of a water pricing policy which provides adequate mainstreaming mainly through substantive training incentives for users to use water resources efficiently and sessions across all Government sectors. According to an adequate contribution of the different water uses to
Malta 87 , this led to a more sustainable public expenditure the recovery of the costs of water services at a rate
model through the inclusion of the national GPP criteria. determined in the approved river basin management
GPP criteria have been developed at the national level for plan for investment supported by the programmes. 90 .
18 product groups, for which the NAP establishes targets The PA implies investing EUR 729 million in total
84 European Commission, 2015. Public procurement
85 In the Communication “Public procurement for a better environment” 88 ESIF comprises five funds – the European Regional Development
(COM /2008/400) the Commission recommended the creation of a Funds (ERDF), the Cohesion Fund (CF), the European Social Fund process for setting common GPP criteria. The basic concept of GPP (ESF), the European Agricultural Fund for Rural Development relies on having clear, verifiable, justifiable and ambitious (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The environmental criteria for products and services, based on a life-cycle ERDF, the CF and the ESF together form the Cohesion Policy funds.
approach and scientific evidence base. 89 European Investment Bank, 2016 European Fund for Strategic 86 European Commission, 2015. Documentation on National GPP Action Investments
Plans 90 Operational Programme , Fostering a competitive and sustainable 87 National Reform Programme 2016 of Malta , p. 51-52. economy to meet our challenges p. 326
Malta 22
Cohesion Policy funding over 2014-2020 (current prices, operational programmes (OPs) under EU Cohesion Policy. including EUR 17 million for European Territorial The ERDF/CF OP (adopted December 2014) contains Cooperation funding and EUR 3.9 million for the FEAD most of the environmental investments. allocation). Malta also receives EUR 97.3 million for rural
development and EUR 22.6 million for fisheries and the The National Rural Development Program of Malta, its
maritime sector. EARDF part, amounts to EUR 97.3 million. Budget for agri-environmental-climate measures represents 39% of
Figure 12: European Structural and Investment Funds the total EAFRD budget (but it is to cover only 671 ha,
2014-2020: Budget Malta by theme, EUR billion 91 which is very low percentage of utilized agricultural area,
ca 5%). The measures list the most basic, good standard practice to be supported, by highest rates per ha in the whole EU. The RDP addresses nutrient overload in water bodies, among others by targeting livestock farming and prioritising investments in manure storage.
Malta did not programme specific measures on compensation for limitations emanating from implementation of Natura 2000 (nor WFD). The only dedicated support for Natura 2000 on agricultural land is supporting pollination services (by domestic bees). Small forestry measure includes afforestation by native endemic species, which is appreciated.
With regard to the integration of environmental concerns into the Common Agricultural Policy (CAP), the two key areas are, first, using Rural Development funds to pay for environmental land management and other environmental measures, while avoiding financing measures which could damage the environment; and secondly, ensuring an effective implementation of the first pillar of the CAP with regard to cross compliance and 1st pillar 'greening'. 30 % of direct payment envelope
(out of total EUR 30.7 million 2015-2020 92 is allocated to With regard to environmental expenditure, the allocation greening practices beneficial for the environment. An for Thematic Objective (TO) 4 (low carbon economy) is environmentally ambitious implementation of 1st pillar EUR 46 million (ERDF) plus EUR 8.4 million greening would clearly help to improve the (EAFRD/EMFF), for TO5 (adaptation to climate change environmental situation in areas not covered by rural and prevention and risk management) EUR 15 million development, including intensive area, and if appropriate (EAFRD), and for TO6 (environment and cultural heritage) Malta could review its implementation of this.
EUR 250 million (EUR 77 million ERDF, EUR 141 million
CF, EUR 20 million EAFRD, EUR 12 million EMFF). EUR For 2015 Malta proposed to allow 7 elements laid down
28.4 million (ERDF) plus EUR 76 million (CF) is allocated by the regulation as Ecological Focus Area (out of 19- 9 of for TO7 (sustainable transport). Figure 12 depicts the which are landscape features). However, in the end the 2014-2020 EU Structural and Investment Funds budget only ones activated (as being responded by farmers) allocation for Malta. were land laying fallow and - less ambitious - nitrogen
fixing crops. Due to small parcels and farms, it is
EUR 58 million ERDF and CF will contribute to mitigation expected that few holdings will need to implement and adaptation to climate change. greening.
The expected results from ERDF and CF investments in the environmental sector include that 69,000 tonnes/year of additional waste recycling capacity will be created; 32000 additional persons will be served by improved water supply; 10 Hectares of land will be rehabilitated.
On this basis, in 2014-2020, Malta will manage three
92 Commission delegated regulation (EU) 2015/851) establishing rules 91 European Commission, European Structural and Investment Funds for direct payments to farmers under support schemes within the
Data By Country framework of the common agricultural policy
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-
5.Effective governance and knowledge
SDG 16 aims at providing access to justice and building Capacity to implement rules
effective, accountable and inclusive institutions at all
levels. SDG 17 aims at better implementation, improving The assessment here is only preliminary and the policy coordination and policy coherence, stimulating Commission has work ongoing to improve its countryscience, technology and innovation, establishing specific knowledge about quality and functioning of partnerships and developing measurements of progress. Member States' administrative systems.
Effective governance of EU environmental legislation and It is crucial that central, regional and local policies requires having an appropriate institutional administrations have the necessary capacities and skills framework, policy coherence and coordination, applying and training to carry out their own tasks and co-operate legal and non-legal instruments, engaging with nonand co-ordinate effectively with each other, within a governmental stakeholders, and having adequate levels system of multi-level governance.
of knowledge and skills 93 . Successful implementation The Maltese public sector scores high in terms of
depends, to a large extent, on central, regional and local efficiency and effectiveness. According to the World Bank government fulfilling key legislative and administrative 2015 Worldwide Governance Indicators, Malta scores tasks, notably adoption of sound implementing 80% for the government effectiveness indicator, which legislation, co-ordinated action to meet environmental captures the perceptions of the quality of public objectives and correct decision-making on matters such services 94 .
as industrial permits. Beyond fulfilment of these tasks, government must intervene to ensure day-to-day compliance by economic operators, utilities and individuals ("compliance assurance"). Civil society also has a role to play, including through legal action. To underpin the roles of all actors, it is crucial to collect and share knowledge and evidence on the state of the environment and on environmental pressures, drivers and impacts.
Equally, effective governance of EU environmental legislation and policies benefits from a dialogue within
Member States and between Member States and the
Commission on whether the current EU environmental
legislation is fit for purpose. Legislation can only be However, there is also much room for improvement as properly implemented when it takes into account several structural challenges pose a barrier to innovation. experiences at Member State level with putting EU The recent assessment by the European Commission commitments into effect. The Make it Work initiative, a within the European Semester process concluded that Member State driven project, established in 2014, the low efficiency of government administration and of organizes a discussion on how the clarity, coherence and the judicial system, an inefficient transport system, and structure of EU environmental legislation can be skills mismatches lower Malta’s attractiveness to foreign improved without lowering existing protection standards. investors and hamper the ability of businesses to invest.
A weak human resources base in science and
Effective governance within central, regional technologies and the lack of a critical mass in specific research areas hinders the capacity to innovate
and local government (European Commission, 2016 95 ). Stronger linkages
Those involved in implementing environment legislation between the academic and the private sector for at Union, national, regional and local levels need to be effective knowledge transfer are needed, as well as equipped with the knowledge, tools and capacity to further investment in R&D.
improve the delivery of benefits from that legislation, In April 2016, a reorganisation has occurred in order to and the governance of the enforcement process. simplify and speed up permitting procedures with the
94
World Bank, Worldwide Governance Indicators 2015
93 The Commission has work ongoing to improve the country-specific 95 European Commission, Council Recommendation on the 2016
knowledge about quality and functioning of the administrative national reform programme of Malta and delivering a Council systems of Member States. opinion on the 2016 stability programme of Malta , p. 4.
Malta 24
result that the section of Environmental Permitting is Coordination and integration
now within the Environment and Resources Authority.
Finally, specific aspects of the consultation processes for The Ministry for Sustainable Development, the new legislation have to be improved, including more Environment, and Climate Change (MSDEC) is the public feedback to stakeholders on how their input has been authority in charge of coordinating and streamlining taken into account. environmental policy developments in Malta.
In the Partnership Agreement (2014) 96 for Malta on the In 2014, the MSDEC underwent organisational EU Structural and Investment Funds 2014-2020, it was improvements in setting up a Strategic Office dedicated recognised that resources for environmental permitting to mainstreaming of sustainable development procedures should be further enhanced during the 2014- approaches and environmental matters in the
2020 funding period 97 . operational work of the ministry. Within this division the policy streams of Sustainable Development, Environment
Moreover, there is a systemic problem of lack of timely and Climate Change are being developed in conjunction reporting under EU environmental legislation. This might with the Policy Development and Programme be related to shortage of staff resources. Implementation Directorate. Together these structures
Arrangements for the effective application of Union are targeting to secure a more integrated approach for environmental legislation related to Environmental policy development and implementation
Impact Assessment and Strategic Environmental Malta has recently established an Environment and
Assessment are in place, as well as arrangements for Resources Authority whose main goals are: (i) to training and dissemination of information for staff mainstream environmental targets and objectives across involved. The proper implementation of EU Government and society; (ii) to take the leading role in environmental legislation relating to land use (EIA and advising Government on environmental policy-making at SEA Directives) is of particular importance, especially in the national level, as well as in the context of view of the fact that Malta has the largest proportion of international environmental negotiations; (iii) to develop
built up areas within the whole EU 98 . evidence-based policy; backed by a robust data gathering
The transposition of the revised Directive on structure; and (iv) to draw up plans, provide a licensing
Environmental Impact Assessment (EIA) 99 will be an regime and monitor activities having an environmental opportunity to streamline the regulatory framework on impact and to integrate environmental considerations environmental assessments. The Commission encourages within the development control process
101 .
the streamlining of the environmental assessments Suggested action
because this approach reduces duplication and avoids
unnecessary overlaps in environmental assessments • Ensure that the newly established Environment and applicable for a particular project. The Commission has Resources Authority has strong responsibilities. There issued a guidance document in 2016 100 regarding the should be clear and transparent processes for the setting up of coordinated and/or joint procedures that authorization of facilities and activities that have are simultaneously subject to assessments under the EIA impact on the environment.
Directive, Habitats Directive, Water Framework Directive,
and the Industrial Emissions Directive. Compliance assurance
Suggested action
• Improve the timely reporting under the EU EU law generally and specific provisions on inspections, environmental legislation and ensure sufficient staff other checks, penalties and environmental liability help capacity for this purpose in particular and more lay the basis for the systems Member States need to generally for a more effective implementation and have in place to secure compliance with EU enforcement of the environmental policy. environmental rules.
Public authorities help ensure accountability of dutyholders by monitoring and promoting compliance and by
96 taking credible follow-up action (i.e. enforcement) when Partnership Agreement of Malta 2014-2020 , p. 170.
97 Partnership Agreement of Malta 2014-2020 , p. 243. breaches occur or liabilities arise. Compliance monitoring
98 Eurostat, Land cover statistics , accessed June 2016 can be done both on the initiative of authorities
99 The transposition of Directive 2014/52 i/EU is due in May 2017. themselves and in response to citizen complaints. It can
100 European Commission, 2016. Commission notice — Commission involve using various kinds of checks, including
guidance document on streamlining environmental assessments
conducted under Article 2(3) of the Environmental Impact inspections for permitted activities, surveillance for
Assessment Directive (D irective 2011/92/EU of the European
Parliament and of the Council, as amended by Directive
2014/52/EU). 101 Government of Malta, Environment & Resources Authority
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possible illegal activities, investigations for crimes and For each Member State, the following were therefore audits for systemic weaknesses. Similarly, there is a range reviewed: use of risk-based compliance assurance; of means to promote compliance, including awarenesscoordination and co-operation between authorities and raising campaigns and use of guidance documents and participation in pan-European networks; and key aspects online information tools. Follow-up to breaches and of implementation of the ELD based on the Commission's liabilities can include administrative action (e.g. recently published implementation report and REFIT
withdrawal of a permit), use of criminal law 102 and action evaluation 108
under liability law (e.g. required remediation after
damage from an accident using liability rules) and Since 2007
109 , Malta has made progress on compliance
contractual law (e.g. measures to require compliance assurance. There has been an emphasis on compliance with nature conservation contracts). Taken together, all promotion, with steps taken to introduce a risk-based of these interventions represent "compliance assurance" approach to inspection work
110 and some guidance for
as shown in Figure 13. individual inspection activities put in place.
111 However, a
recent decrease in staff numbers combined with low Best practice has moved towards a risk-based approach availability of technical equipment could hamper
at strategic and operational levels in which the best mix effectiveness 112 113 .
of compliance monitoring, promotion and enforcement is
directed at the most serious problems. Best practice also Despite limited resources, Malta is active within IMPEL recognises the need for coordination and cooperation and it hosted an IMPEL peer review in 2014.
between different authorities to ensure consistency, Up-to-date information is lacking in relation to the avoid duplication of work and reduce administrative following: burden. Active participation in established pan-European
networks of inspectors, police, prosecutors and judges, − data-collection arrangements to track the use and such as IMPEL 103 , EUFJE 104 , ENPE 105 and EnviCrimeNet 106 , effectiveness of different compliance assurance is a valuable tool for sharing experience and good interventions
114 ;
practices. − the extent to which risk-based methods are used to direct compliance assurance at the strategic level
Figure 13: Environmental compliance assurance and in relation to specific problem-areas highlighted
elsewhere in this Country Report, i.e. unsatisfactory waste management, the threats to protected habitat types and species, in particular wild birds, air quality breaches and the pressures on groundwater resources.
For the period 2007 – 2013, Malta reported one pending and one dismissed case handled under the Environmental Liability Directive. Due to the country's small size, resources for the Directive's implementation are scarce. The availability of insurance to provide financial security (where an operator cannot meet the
108 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This highlighted the need for better evidence on how the directive is used
Currently, there exist a number of sectoral obligations on in practice; for tools to support its implementation, such as guidance, training and ELD registers; and for financial security to be available in
inspections and the EU directive on environmental case events or incidents generate remediation costs
liability (ELD) 107 provides a means of ensuring that the 109 In the Commission Report on the implementation of
"polluter-pays principle" is applied when there are Recommendation 2001/331/EC providing for minimum criteria for
accidents and incidents that harm the environment. environmental inspections Malta was identified as less successful in applying the criteria set (See Commission Staff Working Document
There is also publically available information giving SEC(2007)1493, p. 6, 15 and 20). insights into existing strengths and weaknesses in each 110 A system for risk-assessment to determine inspection frequency was
Member State. introduced first in 2010 and was further developed in 2013 (see IMPEL IRI Malta 2014, p. 25).
111 IMPEL IRI Malta 2014 , p. 34. 112 According to the IMPEL IRI Malta 2014 (p. 43), there was a loss of
102 European Union, Environmental Crime Directive 2008/99/EC 50% since 2012; low availability of IT devices and vehicles for
103 European Union Network for the Implementation and Enforcement inspectors was also identified (p. 44). of Environmental Law 113 The newly set up Environment Authority is in the process of capacity
104 European Union Forum of judges for the environment building in this area in order to strengthening the compliance
105 The European Network of Prosecutors for the Environment monitoring set-up in the near future.
106 EnviCrimeNet 114 Only a limited performance monitoring is being undertaken using
107 European Union, Environmental Liability Directive 2004/35/CE only few basic indicators, IMPEL IRI Malta 2014.
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costs of remediation) is also insufficient. The focus of the protection matters, such as challenging hunting
Directive on prevention is viewed as particularly valuable derogations, has not yet been tested in practice. The by Malta. costs for court procedures can also prevent potential
Suggested action litigants to take court action in environmental matters
117 .
• Improve transparency on the organisation and Suggested action
functioning of compliance assurance and on how • Take the necessary measures to ensure that the costs
significant risks are addressed, as outlined above. of legal challenges involving EU environmental law are
• Step up efforts in the implementation of the not prohibitively expensive, and in line with the
Environmental Liability Directive (ELD) with proactive requirements of EU law as well as the Aarhus
initiatives, in particular by setting up a national register Convention.
of ELD incidents and drafting national guidance, as well as ensuring an effective system of financial security for
environmental liabilities (so that operators not only Access to Information, knowledge and have insurance cover available to them but actually evidence
take it up). The Aarhus Convention and related EU legislation on
access to information and the sharing of spatial data
Public participation and access to justice require that the public has access to clear information on
The Aarhus Convention, related EU legislation on public the environment, including on how Union environmental participation and environmental impact assessment, and law is being implemented.
the case-law of the Court of Justice require that citizens It is of crucial importance to public authorities, the public and their associations should be able to participate in and business that environmental information is shared in decision-making on projects and plans and should enjoy an efficient and effective way. This covers reporting by effective environmental access to justice. businesses and public authorities and active
Citizens can more effectively protect the environment if dissemination to the public, increasingly through they can rely on the three "pillars" of the Convention on electronic means.
Access to Information, Public Participation in Decision The Aarhus Convention 118 , the Access to Environmental making and Access to Justice in Environmental Matters Information Directive 119 and the INSPIRE Directive 120
("the Aarhus Convention"). Public participation in the together create a legal foundation for the sharing of administrative decision making process is an important environmental information between public authorities element to ensure that the authority takes its decision on and with the public. They also represent the green part of
the best possible basis. The Commission intends to the ongoing EU e-Government Action Plan 121 . The first
examine compliance with mandatory public participation two instruments create obligations to provide
requirements more systematically at a later stage. 115 information to the public, both on request and actively.
Access to justice in environmental matters is a set of The INSPIRE Directive is a pioneering instrument for guarantees that allows citizens and their associations to electronic data-sharing between public authorities who challenge acts or omissions of the public administration can vary in their data-sharing policies, e.g. on whether before a court. It is a tool for decentralised access to data is for free. The INSPIRE Directive sets up a
implementation of EU environmental law. geoportal which indicates the level of shared spatial data in each Member State – i.e. data related to specific
For each Member State, two crucial elements for locations, such as air quality monitoring data. Amongst effective access to justice have been systematically other benefits it facilitates the public authorities' reviewed: the legal standing for the public, including reporting obligations.
NGOs and the extent to which prohibitive costs represent
a barrier. For each Member State, the accessibility of environmental data (based on what the INSPIRE Directive
In general, Malta provides legal standing for the public, envisages) as well as data-sharing policies ('open data') notably environmental NGO and individuals in
environmental cases 116 . Access to justice for nature 117 European Commission, 2012/2013 access to justice in environmental
matters in the EU Member States.
118 European Commission, The Aarhus Convention 115 Malta’s latest report on the Aarhus Convention is here: 119 European Union, Directive 2003/4/EC on public access to
http://apps.unece.org/ehlm/pp/NIR/listnr.asp?YearID=2014&wf_Cou environmental information
ntries=MT&wf_Q=QA&Quer_ID=&LngIDg=EN&YearIDg=2017 120 European Commission, 2016. INSPIRE Directive 116 Malta meanwhile has an established structure in place, including the 121 European Union, EU eGovernment Action Plan 2016-2020 -
environment and planning appeals tribunal: Accelerating the digital transformation of government COM(2016) http://era.org.mt/en/Pages/Access-to-Justice.aspx 179 final
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have been systematically reviewed.
Malta's performance on the implementation of the
INSPIRE Directive as enabling framework to actively disseminate environmental information to the public is
lagging behind. 122 Malta has indicated in the 3-yearly
INSPIRE implementation report 123 that the necessary
data-sharing policies allowing access and use of spatial data by national administrations, other Member States' administrations and EU institutions without procedural obstacles are available and implemented. In general spatial data is made available to public administrations and the public at no cost. However there are some exceptions where a fee is charged, such as for the Malta base map. Malta has no common license model; data– sharing is promoted and coordinated through national data-sharing guidelines.
Assessments of monitoring reports 124 issued by Malta
and the spatial information that Malta has published on
the INSPIRE geoportal 125 indicate that not all spatial
information needed for the evaluation and implementation of EU environmental law has been made available or is accessible. The larger part of this missing spatial information consists of the environmental data required to be made available under the existing reporting and monitoring regulations of EU environmental law.
Suggested action
• Critically review the effectiveness of Malta's data policies and amend them, taking good practices into consideration.
• Identify and document all spatial data sets required for the implementation of environmental law, and make the data and documentation at least accessible 'as is' to other public authorities and the public through the digital services foreseen in the INSPIRE Directive.
122 Malta has informed that the Environment Resource Authority
website meanwhile provides information on the following aspects: (1) a prominent link to public consultations - see PUBLIC CONSULTATION tab on http://era.org.mt/en/Themes/Pages/Welcome.aspx ; (2) a widget for Ground level Ozone levels on the main page; (3) a link to air quality monitoring levels of airborne pollutants; (4) a dedicated page for each environmental theme with tabs on information, news, publications, data and maps, environmental permits (applications).
123 European Commission, 2016. Inspire – Monitoring and Reporting