We the Maltese environmental NGOs, meeting
in Valletta, May 2001 to draw up the Position Paper of the Maltese
NGOs on the implementation of the Acquis Communitaire by the
Government of Malta, BELIEVE:
1. that the gains to be made from the
implementation of the EU's Acquis Communitaire on Malta's waste
management situation are significant. In Malta, environmental
resources are scarce and environmental impacts are magnified
by the population density which is pronounced by the million+
tourists who visit the islands annually (See Annex 1). We believe
that the EU's Waste Management Regulations will contribute towards
slowing down the depletion and degradation of natural resources
(minerals, aquifers, habitats), and the environment (air, water,
seas, soils, biodiversity) by regulating harmful activities like
dumping, uncontrolled land filling and incineration and by encouraging
environmentally beneficial activities (such as emissions control,
research, information gathering and dissemination, integrated
decision-making etc).
2. that as a result of this intervention,
management and use of natural resources will be more efficient.
Improved air quality, drinking water quality, bathing water,
lower risks of contamination, more information, a better protected
countryside and safer working conditions etc are among the envisaged
health benefits to be generated. It will also result in higher
recreational, health and amenity benefits.
3. that there are economic benefits as
a result of the implementation of these directives. Certain activities
(e.g. land filling) harm other productive activities (e.g. tourism,
agriculture) through the pollution they generate. We believe
that:
a. A reduction of impacts on other productive
activities will result in reduced costs of pollution control,
treatment and clean ups by third parties.
b. Companies that undertake careful management of their materials
and use of environmentally-friendly processes, may be more competitive
through the rational use of resources, better brand image, better
relations with regulators, and better standing with banking and
insurance agencies.
c. An important economic benefit arises from the possibility
of job generation, both with the public and the private sector
to implement all the requirements.
4. The Maltese NGOs agree with the EU
directives listed in Annex 2 and believe that the fact that they
are legally binding augurs well for Malta. We DEMAND
a. that although the method of implementation
is often up to the member states, the Government of Malta chooses
the most environmental friendly method of implementation through
the best available technology; we NGOs call for a waste management
system that involves waste separation at source so that different
waste streams are dealt with separately; one of the streams should
be that of organic matter that should be made into good quality
compost; (See Annex 2).
b. That waste management be considered as intrinsically linked
with building development and consumption; it is necessary for
a plan to be developed for a sustainable use of resources with
an agreed timeframe and targets; we see no reason why Malta should
be creating so much waste.
c. that policy instruments be explored and identified in order
to follow this waste management hierarchy: minimization (reduce),
reuse and recycling prior to disposal.
d. the necessary public sector capacity building to ensure effective
implementation and enforcement.
e. a widespread and ongoing educational campaign that reaches
all age brackets and all walks of life, with the active involvement
of civil society.
f. that the charges on waste management reflect real costs (contrary
to the present unsustainable situation) as an incentive to reduce
and avoid waste.
g. that prices of local virgin materials (eg stone) should reflect
the real cost of their provision to promote efficient extraction/recovery/recycling
of these resources.
5. The Maltese NGOs are CONCERNED:
a. if the government would use the inbuilt transition period
to implement the Wastes Framework Directive 75/442/EEC amended
by directive 91/156/EEC (see Annex 2) and augur that this directive
be implemented in the shortest time possible.
b. about the possible use of incineration (Incineration of hazardous
waste directive 94/67/EEC) We reject incineration as a waste
management option for municipal solid waste and would only accept
small incinerators for specialized waste if these are proved
to be the best viable option; in principle we oppose incinerators
as these work against the idea of waste reduction; we also recognise
that incinerators are dangerous whatever the technology used;
c. about dumping at sea as a waste disposal option and believe
that under no circumstances is this acceptable. Such dumping
only puts the problem out of site and damages the ecosystems
on the seabed.
d. with the delay of the Maltese government to transpose, implement
and enforce the relevant EU directives
e. about the funding to implement these directives (See Annex
3).
f. that not all projects funded by the EU in the past have necessarily
contributed to the positive enhancement of the environment. There
seems to have been a bias towards large-scale end-of-pipe infrastructure.
Maltese NGOs insist that in funding applications, Maltese authorities
should base proposals on the waste hierarchy and not focus exclusively
on end-of-pipe solutions.
6. The Maltese NGOs SUPPORT the government's
decision to request a derogation to safeguard the reuse of glass
bottles and to prohibit the introduction of mineral drinks in
plastic bottles, which the free movement of goods would require.
The Maltese NGOs encourage the government to continue to negotiate
to maintain its existing beverage container-packaging regime
in accordance to LN158/98.
Conclusion
The EU's requirements in the waste management sector will result
in more information about waste streams, which forms the basis
of environmental policymaking, management, monitoring and enforcement.
Such changes should bring about better policy-making, monitoring
and enforcement by the public sector.
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.
Annex 1
WASTE MANAGEMENT SITUATION IN MALTA
The total amount of waste currently accepted
at public waste disposal sites is 1.6 million tonnes per annum.
85 per cent of this is construction and demolition waste. 7 per
cent is municipal solid waste (of which over two-thirds is bio-degradable),
while 8 per cent is industrial waste.
There have been only a few ad-hoc campaigns
aimed at minimization of waste, mainly undertaken by NGOs. Waste
is collected every day from households by the local authorities
at no cost to the household (the charge is paid by the local
councils, thus indirectly by the tax payer), and deposited in
landfills (by local authorities) free of charge. Industrial and
construction waste is collected by private contractors and paid
for by producers. There is a Lm 0.38 (0.95 Euro) per tonne fee
for dumping waste in landfills but this does not cover the actual
cost of disposal. A system of effluent discharge control is in
place, but few other streams of waste enjoy separate collection
(e.g. limited volumes of aluminum, cardboard, paper). Recycling
initiatives are also limited. Out of 1.6 million tonnes, around
25,000 tonnes of waste are composted every year at the San Antnin
Composting Plant which receives mixed waste. A successful deposit
refund scheme for glass bottles is in place, with recovery (reuse)
rates higher than 90% recorded. Some incineration (without energy
recovery) takes place at St. Lukes Hospital, at Gozo General
Hospital, and at Boffa Hospital. Animal carcasses are incinerated
at Civil abattoirs in Malta and Gozo. Incineration also takes
place at the Malta international airport (airline catering waste)
and at the Malta Dry-docks. The incinerators use outdated technology
and require improvements to reduce environmental and health impacts
related to their continuous use. For the vast majority of waste
generated in the Maltese Islands, the end-of-pipe solution is
typically landfilling at the Maghtab site on mainland Malta,
and at Il-Qortin Landfill at Gozo. Both sites are open dumps
with little mitigation of environmental impacts. Inadequate enforcement
has also led to numerous dumping sites scattered across the islands,
as well as occasional dumping at sea (this is regulated by the
EPD and a permit is required).
The waste management situation in Malta
has led to significant environmental impacts including air pollution,
groundwater contamination, marine pollution through leachate
and runoff, damage to ecologically sensitive areas, odours and
a negative visual impact. Furthermore landfilling is highly land
intensive - the area at Maghtab occupies an area of approximately
1 million m2, of which some two-thirds have already been covered
by waste. The Gozo site occupies an area of 34,000 m2.
Currently there is a trend where waste
is increasing proportionally to economic growth, which, according
to projections of the International Monetary Fund, is expected
to be somewhere between 3% and 4.5% per annum. The State of the
Environment Report (Published by the Environment Protection Department,
1999) projects that waste arisings will experience a growth rate
of 4% per year until 2010.
Although legislation does exist to regulate
waste, this is fragmented and inadequate. The Environment Protection
Act (1991) is the main legislation regulating the environment
in Malta, although it is deficient in the area of waste management.
The Development Planning Act (1992) defines waste disposal as
a development and requires such activities to obtain a permit.
This may entail an environmental impact assessment. The Malta
Maritime Authority 1991 Act empowers the issue of regulations
to control marine discharges. The Agriculture Returns Ordinance
(1935) regulates information about animal waste, the Fertile
Soil Preservation Act of 1973 (amended 1983) regulates the deposit
of soil, while the Swill Control Regulations control disposal
of swill. The Factories (Health, Safety and Welfare) Regulations
of (1986) control the discharge and disposal of industrial waste,
the Food Drugs and Drinking Water Act controls the use of used
oils in bakeries and the disposal of food. The Litter Act (1968)
controls the defacement of any place by litter, and the Code
of Police Laws regulate collectors of waste, the accumulation
of dirt and covering of vehicles transporting waste. Legal Notice
8/93 seeks to control the discharge of waste into the public
sewerage system, while Legal Notice 128/97 controls the deposit
of wastes and rubble and mandates a nominal fee for deposit of
waste at public waste disposal sites. In addition, legal notice
158 mandates that non-alcoholic beverages must be imported and
bottled in re-fillable glass bottles. Malta has ratified the
Basle Convention, on the transboundary movement of hazardous
waste.
This situation of fragmented legislation
reflects itself in the fact that co-ordination among government
departments and environmental stake-holders is limited, enforcement
inconsistent, and action ad-hoc. A number of studies have been
prepared by successive governments, the most recent being a Draft
Waste Management Subject Plan for the Maltese Islands published
by the Planning Authority (2000), and a consultation document
entitled "A Solid Waste Management Plan for Malta",
published by the Ministry for the Environment. The Ministry for
the Environment has also commissioned the Development of an Integrated
Solid Waste Management Strategy for Malta. In the years 2000/1
the Government issued and closed a call for tenders for the management
of the country's waste. The NGOs were disappointed that the tender
was closed before the European Union report for a waste management
strategy was concluded.
Annex 2
EU DIRECTIVES ON WASTE
The EU's regulation of waste is governed
by a strategy. A framework directive translates this strategy
into requirements, whilst two sets of directives, one set dealing
with disposal options, the other set dealing with particular
waste streams lay down specific requirements. The directives
are legally binding, and although they lay down objectives, the
method of implementation is often up to the member states. In
the area of waste management, there are also regulations which
are directly binding on member states.
The wastes framework directive 75/442/EEC
amended by directive 91/156/EEC provides a framework whereby
Member States must avoid, manage and dispose of waste on a national
level as set out in the Commission's Waste Management Strategy.
The local NGOs would be concerned if the government would use
the inbuilt transition period. Member States must encourage the
prevention or reduction of waste and its harmfulness by encouraging
the development of clean technologies, technical product improvements
and disposal techniques. It also encourages the recovery of waste
and its uses as a source of energy. Member States must prohibit
the abandonment, dumping or uncontrolled discharge of waste.
They must establish an integrated and adequate network of disposal
installations and taking into account of the best available technology
not involving excessive costs. It is responsibility of the national
competent authorities to draw up waste management plans which
are to include the persons involved, costs, and measures to encourage
rationalisation of collection, sorting and treatment. The national
competent authorities also serve as the permit authorities for
establishments carrying out disposal or recovery operations as
indicated in the Directive. The 'European Waste Catalogue' Directive
94/3 lists common terminology for statistical purposes. The catalogue
classifies wastes by their origin and is periodically reviewed.
Directive 76/431/EEC sets up a committee on waste management.
The hazardous waste directive 91/689/EEC,
and 96/302/EEC states that Member States must ensure a stricter
control of hazardous waste ensuring that hazardous waste is recorded
and identified according to the list of hazardous wastes covered
by directive 94/904/EEC. They must also ensure that different
categories of hazardous waste are not mixed with non-hazardous
waste. Any establishment which carries out disposal operations
must obtain a permit subject to periodic inspections particularly
the origin and destination of the waste.
The supervision and control of shipments
of wastes regulation 259/93/EEC (and directives 94/575/EEC, 94/774/EEC)
regulate the movement of all waste within, into and out of the
EU. The Regulation implements the Basle Convention and OECD Decision
on the trans-frontier shipment of waste as well as the LomeConvention,
but goes beyond the convention in that it also deals with non-hazardous
waste. Different requirements are in operation depending on whether
waste is destined for recovery or disposal which classification
the waste falls under. The shipment of hazardous waste destined
for final disposal to non-OECD countries is prohibited. Waste
for disposal within the EU requires prior authorisation. The
principles of self-sufficiency (disposal by Member States of
their own waste) and proximity (local waste disposal) also apply.
Incineration of hazardous waste directive
94/67/EEC requires that Member States set and enforce operating
conditions and emission limit values for hazardous waste incineration
plants through permits. Permits are only to be granted if the
incineration plant is designed, equipped and operated in such
a manner that environmental pollution prevention requirements
in the form of emission limits and management controls have been
met. Permits must list the types and quantities of hazardous
waste being incinerated. Existing facilities will be required
to upgrade to meet the new standards within three years of the
Directive's implementation. The local NGOs would be concerned
if the government would use the inbuilt transition period and
show deepconcern on the possible use of incineration. A Directive
on existing municipal waste incinerators directive 89/429/EEC
establishes deadlines for compliance with the limit values and
techniques laid down for new municipal waste incinerators. The
Directive defines measurement and sampling standards and procedures
and imposes a series of measures designed to ensure that governments
are informed when the limit values are exceeded. On new municipal
waste incineration plants, directive 89/369/EEC was adopted within
the framework established by Directive 84/360/EEC on the combating
of air pollution from industrial plants. The Directive applies
to plants that treat municipal waste by incineration, but excludes
plants used specifically for the incineration of sewage sludge,
chemical, toxic and dangerous waste, health care waste and other
types of special waste on land or at sea. Emission limit values
are established and defines concentration limits in the combustion
gases. Directive 97/283 sets out harmonised measurement methods
to determine dioxins and furans in atmospheric emissions.
The landfill directive 99/31 requires
that all wastes are treated before landfill, bans co-disposal,
requires that pricing reflects costs and that all landfills must
be subject to management including aftercare. The local NGOs
would be concerned if the government would use the inbuilt transition
period.
The waste oils directive 75/439/EEC and
its amendments, establish measures to regulate the disposal of
such oils. Member States are required to ensure that waste oils
are collected and disposed of without causing damage to the environment.
They are to give priority to regeneration or combustion under
environmentally acceptable conditions. Permits are to be obtained
from the competent authority before undertaking disposal of waste.
The discharge of waste oils into inland surface water, ground
water, territorial sea water and drainage systems, deposit and/or
discharge of waste oils harmful to the soil and any uncontrolled
discharge of residues resulting from the processing of waste
oils, any processing of waste oils causing air pollution which
exceeds the levels set are all prohibited.
The titanium dioxide directives 78/176/EEC,
82/883/EEC, 92/112/EEC aim to control and progressively reduce
adverse environmental effects of wastes from titanium dioxide
industries. Titanium dioxide is mainly used in paints. Member
States must set up a system of prior authorisation for the discharge,
dumping, storage, tipping or injecting of titanium dioxide waste,
and monitor it and the environment concerned.
A PCBs and PCTs directive 96/59/EC on
the disposal of polychlorinated biphenyls and polychlorinated
terphenyls requires Member States to take the necessary measures
to ensure that, by 2010 all must be recovered, used PCBs are
disposed of and PCBs and equipment containing PCBs are decontaminated
or disposed of. Inventories must be compiled and include data
as required by the Directive. Member States must prohibit the
separation of PCBs from other substances for the purpose of reusing
the PCBs and the topping-up of transformers with PCBs.
The sewage sludge directive 86/278/EEC
protects the environment, and soil when sewage sludge is used
in agriculture. Sewage sludge may be used in agriculture, provided
that the Member States regulate its use. The use of sewage sludge
is prohibited if the concentration of one or more heavy metals
resulting in the soil exceeds the limit values laid down in accordance
with the Directive. The Member States must take the measures
necessary to ensure that these limit values are not exceeded
through the use of sludge. Sludge must be treated before being
used in agriculture, but the Member States may authorise the
use of untreated sludge if it is injected or worked into the
soil.
The disposal of batteries and accumulators
directive 91/157/EEC 93/86/EEC updating the directive, prohibits
the marketing of specific batteries, such as alkaline manganese,
for prolonged use in extreme conditions. Spent batteries and
accumulators must be collected separately for disposal, and appropriately
marked to show the need for separate collection, recycling and
also the heavy-metal content. Member States are also asked to
draw up programs to reduce their heavy-metal content, to promote
the use of smaller amounts of dangerous polluting substances,
and the use of less polluting substances, to organise a system
of separate collection, with a deposit system if appropriate
and inform consumers of the dangers of uncontrolled disposal
of spent batteries and accumulators.
The packaging and packaging waste directive
94/62/EEC, (and 97/129, 97/138 pursuant): covers all packaging
placed on the market and all packaging waste, whether it is used
or released the formation of packaging waste, which may include
national programs and may encourage the reuse of packaging. It
lays down essential requirements as to the composition and the
reuse, recovery and recycling of packaging. Member States must
set up systems to return all used packaging or waste from the
consumer to be channelled appropriately, and must ensure that
it is reused, recovered or recycled. By mid-2001, Member States
must reach the following targets: recovery: 50% to 65%; recycling:
25% to 45%, with a minimum of 15% by weight for each packaging
material. No later than 10 years from the date by when this Directive
is implemented, a percentage of packaging waste will be recovered
and recycled, determined by the Council. Member States must ensure
that databases on packaging and packaging waste are established
on a harmonised basis. The beverage containers directive 85/339/EEC
required the establishment of national programmes for reduction
in the volume of beverage containers disposed as waste. The programmes
were to begin on 1 January 1987 and updated subsequently every
four years. A heavy emphasis was put on the recycling of such
containers. Directive 99/177 establishes conditions for derogation
for plastic crates and plastic pellets.
Annex 3
Funding also falls outside the remit
of waste management in the EU's Acquis, but it may have significant
impacts on the implementation of the EU's acquis. In the past
Malta has benefited from bi-lateral protocols for waste management
activities. As a third country, Malta also has also had access
to funding programmes like LIFE and the loan element of the European
Investment Bank in the area of the environment. As an EU member,
within the framework of regional policy the EU, various other
sources of finance are expected to become available for waste
management activities. In particular Malta is likely to be fully
eligible under objective 1 of the Structural Funds. The Funds
include the European Regional Development Fund (ERDF), which
takes up almost half of the EU's budget and whose assistance
is usually directed towards infrastructure (transport, energy,
telecommunications, the environment, education, health, etc).
Malta would also be a beneficiary of the Cohesion fund which
finances up to 85% of those projects involving action in the
field of environment and transport infrastructures of common
interest. The European Investment Bank (EIB) also makes contributions
to environmental projects - mostly in the form of low interest
rate loans. Some 15% of total leading goes to environmental projects.
A number of sector-specific financial instruments also exist,
such as LIFE in the case of environmental projects. There are
also Research and Development funds, funds for environmental
education, awareness raising activities and environmental organisations.
The adoption of the EU's acquis on waste
management will not be without its costs. Although the EU will
provided funding in the area of waste management, there will
still need to be significant investment from the public sector.
Funds used for waste management may be diverted from other public
sector activities, financed through public sector borrowing or
generated by increased taxation. In this regard, government may
consider the introduction of environmental taxes to encourage
the private sector to achieve objectives required by the EU,
whilst raising revenues to finance implementation of public sector
(environmental) expenditures. It can also be assumed that government
will charge higher prices for environmental services. Increased
workloads and pressure on public sector employees may be envisaged
in the short run, which should be addressed as early as possible
by training and recruiting staff for waste management activities.
The EU's requirements will also work their way to the private
sector. Although the private sector may be able to modify operations
to better standards without incurring significant additional
costs, and while some may enjoy benefits which compensate for
such costs (e.g. more efficient production), the bottom line
for most of the private sector, will be higher costs. This increase
in costs may be passed on consumers as higher prices or absorbed
by producers themselves as lower profits. Increased costs of
operation may result in Malta losing competitive edge although
it must also be borne in mind that with increased harmonisation
of product standards, certain Maltese products may have faced
exclusion from the EU in the long run. It can also be argued
the increase in costs is justified to conform to the Polluter
Pays Principle. Conforming to EU standards will entail the removal
of a hidden subsidy which Maltese society is currently providing
by agreeing to shoulder the environmental costs.
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
