We the Maltese environmental NGOs, meeting
in Valletta, on the 12th of May 2001 to draw up the Position
Paper of the Maltese NGOs on the implementation of the Acquis
Communitaire by the Government of Malta, propose the following
comments and suggestions:
1. The Maltese NGOs welcome the government's
initiative to set up the necessary mechanisms to implement the
acquis, in the form of
a. the Malta Resources Authority which
will be regulating, monitoring and licensing all practices, operations
and activities relating to energy, water and mineral resources.
The Authority will also be responsible for the issuing of licenses
and regulating of the electricity sector on Malta. In the event
of Malta making use of natural gas (to which we agree) and /
or nuclear energy (that we strongly oppose) the same Authority
will have the same responsibilities as above. The Authority,
will have a distinct legal personality.
b. The Environmental Protection Authority
which is another autonomous body, which will be set up by the
third quarter of 2001, and will be responsible for implementing
most of the environmental aqcuis. This authority will have the
licensing and enforcing powers in the areas including waste management,
air and water quality, nature protection and industrial pollution
control and risk management. This Authority will be taking over
the responsibilities of the Environment Protection Department
within the Ministry for the Environment.
c. The Planning Authority which together
with the Environment Protection Authority will be jointly responsible
for the endorsement of Environment Impact Assessments (EIA) and
the approval of independent consultants carrying out the EIA.
2. The Maltese NGOs are concerned about
the effective independence of the Planning Authority from Government
and the Political Parties and fear that decisions taken are not
always to the benefit of the Maltese environment. We therefore
demand more transparency and effective public participation.
3. The Maltese NGOs' comment on access
to information and energy are twofold:
a. we recognise that a summary of the
EIAs, the terms of reference and the site plans are available
on the internet for public viewing and comments - an initiative
that is a step forward to make information more accessible to
the public
b. we request that such information, in particular, air quality
data be made public on a daily basis in the Maltese Media. We
insist that Local Councils should be involved in air quality
control.
4. The Maltese NGOs request the Maltese
government to keep the public and in particular the environmental
NGOs updated and informed on how the above mentioned authorities,
in active liaison with one another, are transposing the EU directives
into Maltese legislation. This is in line with the Aarhus Convention
to which Malta is signatory.
5. The Maltese NGOs look forward to the
publication of the National Energy Policy and remind the local
authorities that the EU is aiming to have 12% of its energy generated
from alternative sources such as solar or wind power by the year
2008. There exists no disclosure of information yet concerning
the Maltese government's initiatives in support of renewable
and alternative energy use. The NGOs expect the government to
set concrete targets and dates regarding the introduction of
alternative sources of energy in Malta.
6. The Maltese NGOs are aware that Malta
fulfils the criteria, which define it as a "small isolated
system" under directive 96/92/EC. However we strongly believe
that depending on a single operator leads to inefficiency and
insecurity. Furthermore the Maltese NGOs believe that this is
an unsustainable situation and we should not wait until 2005
(transitional period requested). Therefore we insist that the
Authority develops a philosophy of market mechanisms to motivate
the efficient use of energy, pollution reduction and be the catalysts
of energy production from renewable sources.
7. The Maltese NGOs welcome the government's
decision to immediately transpose:
a. Directive 98/30/EC concerning common
rules for the internal market on natural gas. Furthermore, the
NGOs augur that this form of energy which allows for one of the
cleanest forms of fossil fuel burning and is cheaper to provide
in the long run, will be an integral part of the National Energy
Policy being drafted.
b. The directives on energy efficiency relating to labeling and
building regulations. The Maltese NGOs look forward to an equally
efficient system of implementation and enforcement.
c. The setting up of an Environment Statistics Unit within the
Malta Statistics Authority that will be responsible for the collection
and compilation of energy statistics. The NGOs request that this
information be made public regularly.
8. The Maltese NGOs support the introduction,
as from 1st January 2001, of petrol with a lead content that
was reduced from the previous rate of 0.4g/litre to 0.15g/litre.
We welcome the draft Environment Protection Act that will embrace
the spirit of the EU environmental acquis. The Act will transpose
all the related directives, however we show concern about the
following exceptions:
a. Directive 98/70/EC (quality of petrol
and diesel fuels) with regards to the phasing out of leaded petrol
whereby a 3 year transitional period is being asked for.
b. Directive 94/63/EC (volatile organic compound emission resulting
from the storage and distribution of Petrol) with regards to
the application of Article 5 on the road tanker fleet, whereby
a transitional period of 2 years is being asked for.
c. Directive 88/609/EEC (limitation of emissions from large combustion
plants) to enable (Delimara Power Station) the reduction of NOX
and dust emission to levels required by the directive, whereby
a 3 year transitional period is being requested.
The Maltese NGOs are preoccupied about
the length of these transitional periods believing that further
deterioration to the quality of air in the Maltese Islands will
occur during the time lapse. We suggest that besides reducing
the transitional period requested:
a. The price of unleaded petrol be reduced;
b. The introduction of 3 way catalytic converters and diesel
afterburners in motor vehicles be made mandatory.
9. The Maltese NGOs also suggest that
in implementing the acquis on Energy the following actions be
taken into consideration:
a. The launch of an educational campaign, in collaboration with
NGOs and the National Environmental Educational Strategy (NEES),
whereby the practice of saving energy is promoted as the BEST
option.
b. The use of Best Available Techniques available in this sector
in the implementation of the acquis.
c. To generate public interest and stimulate investments in renewable
and alternative energy systems especially wind and solar energy,
for example through liberalization that would allow the setting
up of wind farms.
d. To promote the concepts of "Producers' responsibility",
"The polluter pays principle" and "The precautionary
principle".
10. The Maltese NGOs insist that the
transposition of EU legislation is only a means to an end. We
request the government to state how it intends to ensure that
these directives are being IMPLEMENTED and to specify what instruments
will be used to ensure implementation of directives. Furthermore,
the Maltese NGOs demand that the government specify how this
will be ENFORCED and what corrective action will be taken against
infringement.
Conclusion
We, the Maltese NGOs reiterate our commitment to act as "watch
dogs" 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.
Signed by:
Birdlife Malta
Din l-Art Helwa
ECO, The Malta Ecological Foundation
Friends of the Earth
Marine Life Care Group
Moviment Graffiti
Nature Trust
