We, the Maltese environmental NGOs, meeting
in Valletta July 200l to draw up the Position Paper of the Maltese
NGOs on the implementation of the Acquis Communautaire by the
Government of Malta, propose the following comments and suggestions:
1. The Maltese NGOs feel first of all
that there are certain aspects where Malta's progress to implement
the biodiversity acquis must be considered as positive.
a. The Maltese NGOs welcome the Government's
initiative in providing for the setting up of an Authority to
Protect the Environment which, according to Government, will
have all necessary resources at its disposal.
b. Nonetheless, the Maltese NGOs are
aware that not all the relevant environmental legislation necessary
in order to bring Malta in line with the environmental acquis
has been enacted to date.
c. The Maltese NGOs agree that, in the
area of nature protection, the Maltese Government has already
enacted a certain amount of legislation, most of which is satisfactory
in order to implement the applicable EU directives and regulations
as well as Conventions and other bilateral and/or multilateral
treaties to which the EU is a party. Nevertheless, in certain
instances we feel that the transposing legislation is not adequate
and is therefore in need of amendment. These instances shall
be pinpointed and commented on accordingly.
d. However, the Maltese NGOs declare
that we consider as reasonable all the time frames specified
by the Maltese Government within which other necessary legislation
on biodiversity will be enacted.
2. Comments on the applicable legal norms
in the various sectors of biodiversity.
a. Trade in Endangered Species, Import
of Whales, Skins of Seal Pups and Leghold Traps.
In this area the applicable legal norms
are found in 1) the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES); 2) Regulation (EEC)
348/81. Furthermore, Regulations (EEC) 338/97, 2473/98, 2307/97,
939/97, 2551/97, 3254/91 as well as Directive 83/129 (EEC) and
Decisions 35/97 and 97/602 (EEC) respectively will be adopted
and brought into force by the third quarter of 2001 through appropriate
legislative enactments.
b. Protection of Flora, Fauna and Habitats
In this area the applicable legal norms
are found in Directive 92/43/EEC and Decision 97/266/EEC. The
former is in part already transposed by a number of local Regulations.
The Maltese Government plans to adopt the necessary legislation
transposing the remainder by the second quarter of 2002 and have
it enacted by the fourth quarter of 2002.
Articles 10 to 11, which focus on the
protection of habitats, will be impossible to enforce because
measures suggested are unachievable unless new resources are
given to our enforcement agencies and harsher penalties and heavier
fines for infringements are implemented. The Maltese NGOs make
this statement in light of the fact that the current level of
enforcement is inadequate, leading to vandalism, pilfering and
illegal developments which are often subsequently 'legalized'.
Moreover, there is at present no adequate protection of nature
reserves in place, a shortcoming which has often led to shooters
entering a reserve and shooting up all birds inside.
Article 22 actively encourages the reintroduction
of species in Annex IV , which are native to their territory.
This is impossible with current enforcement levels, since any
birds thus reintroduced would be immediately wiped out by hunters.
Moreover, other animals would probably also be eradicated due
to lack of adequate protection from various other threats.
Moreover, the Maltese NGOs are aware
that Malta is a party to the Bern Convention on the Conservation
of European Wildlife and Natural Habitats, the Protocol concerning
Specially Protected Areas and Biological Diversity in the Mediterranean
and the Convention on Biological Diversity. We agree with the
Maltese Government's request to add a number of endemic species
of flora and fauna to the list contained in Annex II of the Habitats
Directive.
However, the Maltese NGOs note with disapproval
that Malta appears still very far from reaching the objectives
set in these legal instruments. Considerable difficulties are
foreseen where compliance with certain provisions of these international
legal instruments is concerned. A case in point are Articles
2, 3.2, 6, 7 and 10 of the Berne Convention, as well as article
8 of the Convention on Biodiversity (Art. 8 deals with in situ
conservation, and requires parties to adopt an extensive list
of protection measures). Moreover, Malta still has no definite
biodiversity strategy, and neither does it have any marine reserves.
In fact, there are no closed seasons for local fishing activities,
no legislation on harpoon fishing and very little control of
such abuses as fishing with explosives.
c. Suspension of the Introduction of
Certain Species of Wild Fauna and Flora
Regulation 168/99 is already partly transposed
by local legislation. Government intends to implement the rest
of the provisions of the Regulation through subsidiary legislation
that is to be adopted and enacted by the third quarter of 2001.
Once again the Maltese NGOs believe that enforcement is lacking
in this area and not enough is being done to replace widely spread
alien species such as acacia and eucalyptus with native species.
d. Protection of Wild Birds
The Maltese NGOs do not agree that Directive
79/409/EEC has been adequately transposed into law.
Malta's Position Paper on the Environment
states that the Environment Protection Department "will
maintain the current system of protection of wild birds".
This current system is not satisfactory at all. Under our present
bird protection legislation the killing and capture (trapping)
is permitted in Spring, in violation not only of Article 2 of
the Birds Directive but also of the Berne Convention. Due to
poor enforcement of our hunting laws not only game birds but
also protected birds such as harriers, buzzards, ospreys and
hawks as well as waders like herons may fall victim to shooters.
Moreover, smaller birds such as robins, wagtails, pipits and
flycatchers are often captured by trappers, either for amusement
or sometimes in order to be used as decoys in the trapping of
finches. Like hunting, bird-trapping in springtime is not prohibited.
The Maltese NGOs have been expecting new bird protection legislation
to be drafted in order to prohibit spring hunting, thus enabling
Malta to comply with the EU acquis. However, the Position Paper
on the Environment indicates otherwise.
Furthermore, Articles 3, 4, 5, 7 and
8 (which, respectively, require Member States to take the necessary
measures in order to preserve, maintain or re-establish a sufficient
diversity and area of habitats; make Annex 1 bird species the
subject of special conservation measures; establish a general
system of protection for all species of birds occurring naturally
in Europe; require inter alia that the practice of hunting be
carried on in accordance with the principles of wise use and
ecologically balanced control of the species of birds concerned;
and prohibit the use of, inter alia, all methods used for the
non-selective or large scale capture or killing of birds) are
also currently unenforceable.
e. Wild Animals in Zoos
Legislation transposing Directive 99/22EEC
will be adopted by the second quarter of 2002 and will enter
into force by the fourth quarter of the same year.
4. General Comments on Enforcement of
Biodiversity legislation
The Maltese NGOs agree that enforcement
of environmental regulations is weak, and sometimes non-existent.
The Environment Protection Department lacks the manpower and
human resources necessary in order to adequately fulfill its
role. On the other hand, the Planning Authority, which formulates
land-use plans and controls terrestrial and marine development,
is greatly hampered by bureaucracy, red tape and misdirected
efforts within its ranks, a state of affairs which can easily
lead to corruption and collusion with developers.
Moreover, the Maltese NGOs note with
disapproval that Maltese politicians and Authorities still see
development as taking precedence over the environment and have
not yet taken a firm stand against allowing further development
unless it is absolutely necessary. The implications of such an
attitude are that the Environment Protection Department does
not have the final say as to whether a development is approved
or not, and its consequences can be seen in the fact that the
Islands have one of the highest proportions of developed to undeveloped
land in the world, which state of affairs threatens the whole
Maltese countryside
As regards the Police, there are not
enough officers to effectively check abuses and bring offenders
to book. The Administrative Law Enforcement Section of the Police
Force, which is the Section charged with protecting the environment,
also has to see to a good number of other abuses which have nothing
to do with the environment. As a result, its resources are badly
stretched. Moreover, none of the Police officers in the ALE receive
any formal training on how to deal with environmental crime.
With regard to hunting offences carried
out at sea, there is almost no enforcement activity on account
of the ease with which hunters, with their fast sea craft, manage
to escape arrest and also because the policing of hunting at
sea is not seen as a priority due to the fact that offences committed
in connection with this activity are usually hidden from the
public eye.
The task of law enforcers is made more
difficult by the fact that 1) offences such as hunting offences
are widespread, and licensed hunters total about 12,000 out of
a population of 380,000, i.e. more than 2%, to which number must
be added an indefinite number of unlicensed hunters who nevertheless
still dare to practice the sport; 2) the Maltese psyche has an
inbuilt disregard for all that is public, or the ownership of
which is not immediately traceable to some individual. This attitude
serves to encourage offences against biodiversity.
As a result of the above, all flora and
fauna on the Maltese Islands are threatened by hunting, hunting-related
and commercial activities, by vandalism as well as by illegal
and excessive development.
5. Recommendations
The Maltese NGOs suggest that the following
courses of action be taken into consideration as a means of enabling
a better implementation of the acquis on biodiversity:
a. The setting up of a branch of the
Malta Police Force which will deal exclusively with environmental
offences, and which will be adequately furnished in terms of
both personnel and equipment;
b. The establishment of the Environment
Protection Department or Authority as the entity having the final
say on whether development projects - large or small - which
may affect the environment can go ahead;
c. A greater involvement of environmental
NGOs and other stakeholders as partners in helping Government
achieve better protection of biodiversity in Malta
d. The employment of wardens - whether
on a full or part-time basis - to guard Malta's present and future
nature reserves (whether land-based or sea-based) who will have
access to adequate training and equipment and be able to count
on the full support of the Police;
e. The holding of regular training courses
in Malta and abroad for all those individuals involved in trying
to create a better environment (including the Police, wardens,
Government personnel and environmental NGO members) which should
focus on instilling in participants both a theoretical and a
practical (simulation exercises etc) knowledge of their respective
roles, and the various interlinkings between such roles.
Conclusion
We, the Maltese NGOs, reiterate our commitment
to act as 'watchdogs' over the accession process paying particular
attention to the transposition, implementation and enforcement
of EU legislation and its consequences on the Maltese environment.
We commit ourselves to discuss national strategies as well as
to evaluate least cost options for implementing the acquis communautaire.
Birdlife
Din l-Art Helwa
ECO, The Malta Ecological Foundation
Friends of the Earth
Marine Life Care Group
Moviment Graffiti
Nature Trust
