COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review 2019 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 Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life - Main contents
Contents
| Document date | 15-04-2019 |
|---|---|
| Publication date | 16-04-2019 |
| Reference | 8302/19 ADD 18 |
| From | Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director |
| External link | original article |
| Original document in PDF |  |
Council of the European Union
Brussels, 15 April 2019 (OR. en)
8302/19 ADD 18
ENV 397 CLIMA 111 AGRI 201 PECHE 160 ECOFIN 380 COMPET 321
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 5 April 2019
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2019) 127 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review 2019
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
Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life
Delegations will find attached document SWD(2019) 127 final.
Encl.: SWD(2019) 127 final
EUROPEAN COMMISSION
Brussels, 4.4.2019 SWD(2019) 127 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review 2019
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
Environmental Implementation Review 2019:
A Europe that protects its citizens and enhances their quality of life
{COM(2019) 149 final i} - {SWD(2019) 111 final} - {SWD(2019) 112 final} - {SWD(2019) 113 final} - {SWD(2019) 114 final} - {SWD(2019) 115 final} - {SWD(2019) 116 final} - {SWD(2019) 117 final} - {SWD(2019) 118 final} - {SWD(2019) 119 final} - {SWD(2019) 120 final} - {SWD(2019) 121 final} - {SWD(2019) 122 final} - {SWD(2019) 123 final} - {SWD(2019) 124 final} - {SWD(2019) 125 final} - {SWD(2019) 126 final} - {SWD(2019) 128 final} - {SWD(2019) 129 final} - {SWD(2019) 130 final} - {SWD(2019) 131 final} - {SWD(2019) 132 final} - {SWD(2019) 133 final} - {SWD(2019) 134 final} - {SWD(2019) 135 final} - {SWD(2019) 136 final} - {SWD(2019) 137 final} - {SWD(2019) 138 final} - {SWD(2019) 139 final}
This report has been written by the staff of the Directorate-General for Environment, European Commission. Comments are welcome, please send them to ENV-EIR@ec.europa.eu
More information on the European Union is available at http://europa.eu .
Photographs: p. 8 — ©iStock/CaronB; p. 12 — ©iStock/luchschen; p. 14 — ©iStock/DONGXUE WANG; p. 24 — ©iStock/Freeartist; p. 31 — ©iStock/merc67
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2019
Reproduction is authorised provided the source is acknowledged
Table of Contents
EXECUTIVE SUMMARY ................................................................................................................................... 3
PART I: THEMATIC AREAS .............................................................................................................................. 4
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW- CARBON ECONOMY .............................................................................................................................. 4
Measures towards a circular economy ................................................................................................. 4
Waste management .............................................................................................................................. 7
Climate change ...................................................................................................................................... 9
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL .................................................. 12
Nature and biodiversity ....................................................................................................................... 12
Maintaining and restoring ecosystems and their services .................................................................. 13
Estimating natural Capital ................................................................................................................... 14
Invasive alien species .......................................................................................................................... 15
Soil protection ..................................................................................................................................... 15
Marine protection ............................................................................................................................... 16
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE ........................................................................ 18
Air quality ............................................................................................................................................ 18
Industrial emissions ............................................................................................................................. 19
Noise ................................................................................................................................................. 20
Water quality and management ......................................................................................................... 20
Chemicals ............................................................................................................................................ 22
Making cities more sustainable ........................................................................................................... 23
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ................................................................... 26
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4.GREEN TAXATION, GREEN PUBLIC PROCUREMENT, ENVIRONMENTAL FUNDING AND INVESTMENTS ..................................................................................................................................... 26
Green taxation and environmentally harmful subsidies ..................................................................... 26
Green public procurement .................................................................................................................. 27
Environmental funding and investments ............................................................................................ 28
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5.STRENGTHENING ENVIRONMENTAL GOVERNANCE ......................................................................... 31
Information, public participation and access to justice ...................................................................... 31
Compliance assurance ......................................................................................................................... 32
Effectiveness of environmental administrations ................................................................................. 33
International agreements ................................................................................................................... 35
Sustainable development and the implementation of the UN SDGs .................................................. 36
Environmental Implementation Review 2019 – Malta
Executive summary
Malta and the Environmental Implementation Review for sulfur oxides (SOx), nitrogen oxides (NOx), ammonia (EIR) (NH 3 ) and PM 2.5 . Nevertheless, additional efforts are still
In the 2017 EIR, the main challenges identified for Malta needed to define strategic targets and actions beyond on the implementation of EU environmental policy and 2020, in particular on emission reduction commitments
law in Malta were to: laid down in the new National Emissions Ceilings Directive.
• speed up implementing the EU waste management
requirements, due to extremely high landfill rates and Protection of habitats and species by fully implementing very low recycling rates; the Natura 2000 instruments and strengthening the
• improve the air quality in the most urbanised areas by enforcement of nature directives has long remained a introducing systemic solutions for transport challenge in Malta. While the efforts put in place by the congestion; and authorities in this area are noteworthy, setting up
• improve the protection of habitats and species of EU conservation objectives and measures require further action. In response to the judgement of the Court of
interest by fully implementing the Natura 2000
instruments and strengthening the enforcement of the Justice of the EU declaring the capture of seven species
Birds Directive. of finches as contrary to EU law, Malta made progress by aligning its hunting and trapping practices to the Birds
Since the 2017 EIR, Malta has yet to organise an EIR Directive, and notably repealed its framework regulations national dialogue that could have addressed the on autumn live-capturing season for finches.
challenges listed above. Malta is leading on the supply of government services to
In 2017, the Commission launched the TAIEX-EIR Peer-tocitizens, ranking first on the re-use of information across Peer (EIR P2P), tool to facilitate peer-to-peer learning administrations (pre-filled forms) as well as on the between experts from national environmental sophistication of services (online service completion) and authorities. Malta has participated in the EIR P2P continued to improve in digital public services.
workshop on timber and in a EIR P2P workshop on air
quality plans. Examples of good practice
• The Don’t Waste Waste campaign by the Ministry for
Progress on meeting challenges since the 2017 EIR Environment, Sustainable Development and Climate
Although there has been some progress on waste with Change has launched an online game to engage the the nationwide introduction of the organic bag collection public in understanding more about good waste that was rolled out on 31 October 2018, significant management practices and the initiatives that are improvements are needed to put waste management in ongoing in Malta and Gozo. At the same time, the line with the waste hierarchy. The recycling rate is too public can test their own knowledge in an low, far below the EU average and the landfill rate entertaining manner. Tips and ideas are also remains too high - over three times the EU average. provided on how to reduce the waste going to According to the Commission’s ‘Early Warning Report’ landfill, upcycling, recycling and saving what can be (2018), Malta is considered at risk of non-compliance reused from going to waste.
with the 2020 municipal waste recycling target of 50 %. • As part of the pan-European event - Researchers’
Urgent reforms and enforcement actions are needed in Night – for research and innovation for cities, Malta’s important areas, notably on the functioning of the Science & Arts Festival 2018 focused on plastic by Extended Producer Responsibility Systems and on the increasing awareness about the effects of plastic separation of waste collection. Malta has not capitalised waste on the planet through an interactive yet on turning waste into resource and low recycling exhibition.
rates into business opportunities. • In an effort to ease congestion on the roads, Malta
Reducing emissions is particularly pressing in road introduced a free school transport scheme for all
transport, considering the increasing number of cars and students. •
the ageing car fleet. There has been some progress in The Ministry for Environment, Sustainable
addressing air quality and traffic congestion. A key Development and Climate Change created an official measure taken by the Maltese authorities is the adoption Facebook page to raise awareness and to use the of a reform of the public transport service. One of the platform to announce initiatives such as litter clean objectives of this reform is to achieve a modal shift from ups taking place in association with different cars to public transport. Moreover, total national stakeholders and volunteers.
emission continued to decrease between 2014 and 2016
Environmental Implementation Review 2019 – Malta
Part I: Thematic areas
-
1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Measures towards a circular economy Malta introduced new relevant policy frameworks as a follow-up to its ratification of the Paris Agreement in
The Circular Economy Action Plan emphasises the need 2016. The ‘low-carbon development 2050 strategy,’ to move towards a life-cycle-driven ‘circular’ economy, announced by the government in 2017, identified the reusing resources as much as possible and bringing circular economy as key area of action for the decade to residual waste close to zero. This can be facilitated by come. Over the next three decades, it is indicated that developing and providing access to innovative financial the government will promote a transition towards a instruments and funding for eco-innovation. more circular economy — particularly for waste
management.
Following the adoption of the Circular Economy Action Malta does not have a national Circular Economy strategy Plan in 2015 and the setting up of a related stakeholder or roadmap; comprehensive action is needed to support platform in 2017, the European Commission adopted a circularity.
new package of deliverables in January 2018 1 . This
included additional initiatives such as: (i) an EU strategy The new Resource Recovery and Recycling Agency has for plastics; (ii) a Communication on how to address the been established to foster the transition towards a interplay between chemical, product and waste circular economy. For example, the Agency is set to legislation; (iii) a report on critical raw materials; and (iv) facilitate the implementation of a new Beverage a framework to monitor progress towards a circular Container Refund System (BCRS), expected in 2019 to economy 2 . improve the relevant collection system.
The change to a more circular economy remains a Figure 1: Resource productivity 2010-2017 4
challenge in Malta. According to the EU eco-innovation index, Malta remains in bottom group for eco-innovation performance (26th in the EU in 2016 from 18th in 2013).
In addition, Malta’s size and island status pose a number of unique challenges.
The circular economy monitoring framework tracks key trends and patterns to understand how the various elements of the circular economy are developing and whether sufficient action has been taken. Circular
(secondary) use of material in Malta was 5.2 % in 2016.
This was below EU-28 average of 11.7 % and decreasing when compared with previous years (10.2 % in 2014).
However, use rate for circular materials has increased In 2017, Malta held the presidency of the Council of the
since 2010, when there was a minimum of 4 %. EU and made the circular economy a political priority of the presidency. It recently attracted some publicity, with
In the 2017 Special Eurobarometer 468 on attitudes of the European Parliament holding an event on the circular EU citizens towards the environment, 90 % of Maltese economy in Malta in 2017 with the participation of the people appear concerned about the effects of plastic University of Malta in the R2Pi Horizon 2020 project. products on the environment (EU-28 average 87 %). 93 %
said they were worried about the impact of chemicals Public support has yet to turn into strong private sector’s (EU-28 average 90 %) 3 . There appears to be a very strong engagement. Industrial symbiosis is weak among Maltese support for circular economy initiatives and SMEs, as well as design or future plans to design products environmental protection actions in Malta. that are easier to maintain, repair or reuse.
On resource productivity 5 (how efficiently the economy uses material resources to produce wealth), Malta
1 European Commission, 2018 Circular Economy Package .
3 European Commission, 2017, Special 468 Eurobarometer , ‘Attitudes of 4 Eurostat, Resource productivity.
Environmental Implementation Review 2019 – Malta
performs below EU average, with 1.53 EUR/kg (EU materials. Recent investments in saving energy and average is 2.04 EUR/kg) in 2017. Figure 1 shows a recycling within the private sector have been very high decrease since 2013 levels. and are above EU-28 averages. Ambitions are among the
The number of EU Ecolabel products and EMAS-licensed lowest in the EU and are not forecast to rise significantly organisations (EMAS is the European Commission’s Ecofor the next two years. 42 % (19 % EU-28) of Maltese Management and Audit Scheme – a programme to companies do not intend to invest at all in resource encourage organisations to behave in a more efficiency. Only renewable energy use has a certain environmentally sustainable way) in a country can give a traction (24 % of Maltese companies intend to act in this rough measurement of this transition. These two area; EU-28 22 %).
indicators show to what extent the circular economy Figure 2: Environmental performance of SMEs 10 transition is engaging the private sector and other national stakeholders. These two indicators also show the commitment of public authorities to policies that support the circular economy. As of September 2018,
Malta had six licences and six products registered in the
EU Ecolabel scheme, out of 2167 licences and 71 707 products in the EU. All licenses and products in Malta are
"Tourist accommodation services" 6 . Moreover, only one organisation from Malta is currently registered in EMAS 7 .
Malta hosted the 2017 EMAS award ceremony and the high level conference on sustainable tourism 8 .
SMEs and resource efficiency
Malta continues to perform on a par with the EU average on environmental matters. Uptake of public support for environmental initiatives increased in 2017, with 25 % of
SMEs benefiting from public support for their resourceefficiency actions (16 % in 2015) and 42 % benefiting from public support for their production of ‘green’ products (22 % in 2015).
The proportion of Maltese SMEs that generate more than
50 % of their revenue from green products and services is significantly lower than in the EU average. Yet the share of companies that offer such products matches the EU
level. Only 24 % of Maltese companies (compared to 22 % EU- The latest Eurobarometer on ‘SMEs, resource efficiency average, range 3 %-38 %) relied on external support in and green markets’ 9 asked companies about both recent their efforts to be more resource-efficient. The low resource efficiency actions they had taken and additional number of respondents makes it difficult to give a clear resource-efficiency actions they planned to take in the indication of preferred cooperation partners. The next 2 years and compared responses to 2015. Recent dominant external cooperation partner are banks and investments have been significantly below the EU- other private finance companies mentioned by 78 % average notably in areas like saving water and saving (+33 %); public funding was only indicated by 16 % of
respondents. External advice is rarely used. Only 16 % indicate cooperation with private sector consultants and
product (GDP) and domestic material consumption (DMC). 7 % with public administrations and business
6 European Commission, Ecolabel Facts and Figures . associations.
7 As of May 2018. European Commission, Eco-Management and Audit
Scheme . Among Maltese companies, grants and subsidies are
8 European Union , High level conference on sustainable tourism and mentioned by 60 % as being helpful (compared to 36 %
EMAS awards 2017 for the EU average). Technical (31 %) and financial
9 Flash Eurobarometer 456 ‘SME, resource efficiency and green consultancy (33 %) received higher support than the EU
markets’ January 2018. The 8 dimensions were Save energy; Minimise waste; Save materials; Save Water; Recycle by reusing material internally; Design products easier to maintain, repair or reuse; Use renewable energy; Sell scrap materials to another company. 10 European Commission, 2018 SBA fact sheet - Malta, p.14
Environmental Implementation Review 2019 – Malta
average. In contrast all other forms of support like Malta’s green economy remains one of the smallest in technology demonstration, databases of good practice the EU. In 2017 green jobs receded in Malta compared to and self-assessment tools receive only marginal interest 2015.
(3-8 %).
Figure 3: 2017 Eco-innovation Index (EU=100) 12
Maltese SMEs have invested in resource efficiency, but it led to higher production costs in the short term, creating a need for external funds. Various initiatives have been put in place to improve access to finance for SMEs, including setting up the Malta Development Bank.
However, Maltese SMEs are still having trouble accessing finance.
Maltese businesses seem to look primarily at the financial dimension of resource efficiency investment.
Ambitions are higher in areas that offer a faster financial return, banks are the major external cooperation partner, grants / subsidies and financial advice are considered by far as being the most helpful types of support. In such an environment, clearer price signals — also in the form of tax schemes for investments — might set the right incentives.
Eco-innovation
In 2018, Malta ranked 15th on the European innovation scoreboard. Malta has become the third fastest growing Access to finance represents a strong barrier to ecoinnovator (15.2 % increase since 2010) 11 . The country innovation in businesses. also ranked 15 th on the eco-innovation scoreboard for
2017, which measures environment-related aspects of Figure 4: Malta’s eco-innovation index 2017 (EU=100)
innovation (see Figure 3).
Malta’s performance in the European eco-Innovation scoreboard has known fluctuation over the past years, although it has always been below the EU-28 average
(see Figure 4). The gap between the EU 28 average and the Maltese eco-innovation performance is diminishing as time progresses.
Energy dependency, few natural resources, lack of space limiting economies of scales, a relatively limited pool of human resources and complicating land use, create a Although R&D investments have grown over the past need for eco-innovation. Despite of the necessity to decade, it did not compare with overall economic growth promote as much as possible eco-innovation nationwide, and expenses have started decreasing in 2016 13 .
the lack of adequate resources makes the transition
harder. 2019 priority action
The energy sector in Malta is the most developed for eco• Stregthen the policy framework to speed up the
innovation activities. Malta is one of the leading transition towards the circular economy and make countries in the EU for reducing primary energy incentives for SME resource efficiency more consumption. However, waste reduction and saving on effective.
materials by SMEs has steeply decreased since 2015. Full implementation of transportation and energy reforms should decrease Malta’s dependency on imported fossil fuels and growing energy efficiency is expected to leave more money for investment.
12 Eco-innovation Observatory : Eco-Innovation scoreboard 2017. 13 European Commission, Eco-Innovation Observatory, Country profile
11 European Commission, European innovation Scoreboard 2018 . 2016-2017: Malta.
Environmental Implementation Review 2019 – Malta
view of the 2020 and subsequent recycling targets 20 .
Waste management Moreover, in 2035 the landfilling of municipal waste will
be limited to a maximum of 10 %. Turning waste into a resource is supported by:
(i) fully implementing EU waste legislation, which Figure 5: Municipal waste by treatment in Malta 2010-
includes the waste hierarchy, the need to ensure 2017 21
separate collection of waste, the landfill diversion targets, etc.;
(ii) reducing waste generation and waste generation per capita in absolute terms; and
(iii) limiting energy recovery to non-recyclable materials and phasing out landfilling of recyclable or recoverable waste.
This section focuses on management of municipal waste 14 for which EU law sets mandatory recycling targets 15 .
Figure 5 shows Malta’s municipal waste by treatment in kg per capita. Municipal waste generation in 2017 is the highest in the EU (604 kg/y/inhabitant, compared to 487 kg/y/inhabitant on average) revealing an increasing trend 16 .
The recycling rate is only 6 %, far below the EU average of 46 % and the 2020 target of 50 % 17 . Composting in
Malta is practically non-existent (compared to an EU
average of 17 %). A significant challenge to effective and sustainable waste management is the diseconomies of scale that result
Despite a slight decrease in trend since 2014, data from from the geographic realities of Malta, as an archipelago 2017 18 show that with 86 %, the landfilling rate is more of small islands without road or rail links to continental than three times the EU average of 24 %. Europe.
According to the '‘Early Warning Report'’ 19 Malta is Malta’s 2014-2020 waste management plan recognises considered at risk of missing the 2020 municipal waste the major problems the country is facing with waste recycling target of 50 %. management and includes useful policy actions.
As already highlighted in the previous EIR report, Malta’s There are two mechanical and biological management heavy reliance on waste disposal is not in line with EU facilities (MBT) to treat mixed household waste in Malta. targets and is an unnecessary pressure on its limited The second facility, built with the support of the EU land. Cohesion Funds, started to operate in 2016. Untreated
Figure 6 shows that Malta will have to take decisive residual waste and non-recycled outputs from MBT are
measures to develop recycling in the coming years in disposed of in Malta’s managed landfills, or if possible, exported for incineration. The organic fraction is treated
through anaerobic digestion and generates electricity
14 Municipal waste consists of mixed waste and separately collected while the digestate is used as a landfill cover.
waste from households and from other sources, where such waste is
similar in nature and composition to waste from households. This is Malta has a door-to-door household collection system for
without prejudice to the allocation of responsibilities for waste recyclables in place. The system runs via two schemes, management between public and private sectors. which collect grey/green bags on a specific day as per
15 See Article 11.2 of Directive 2008/98/EC . This Directive was amended
in 2018 by Directive (EU) 2018/851 , and more ambitious recycling established agreement. However, its implementation has
targets were introduced for the period up to 2035. been rather slow coupled with a decrease in the
16 Waste generation per capita in Malta is inflated by the tourism sector: frequency of residual waste collection (from five times
some 1.6 million tourists visit Malta every year.
17 Member States may choose a different method than the one used by
ESTAT (and referred to in this report) to calculate their recycling rates 20 Directive (EU) 2018/851 , Directive (EU) 2018/852 , Directive (EU) and track compliance with the 2020 target of 50 % recycling of 2018/850 and Directive (EU) 2018/849 amend the previous waste municipal waste. legislation and set more ambitious recycling targets for the period up to 18 Eurostat, Municipal waste and treatment, by type of treatment 2035. These targets will be taken into consideration to assess progress method. in future Environmental Implementation Reports. 19 SWD(2018) 421. 21 Eurostat, Municipal waste by waste operations .
Environmental Implementation Review 2019 – Malta
per week to three times per week). That said, the roll-out municipalities to comply with recycling targets, is expanding gradually. strengthening enforcement capabilities, increasing the
Figure 6: Recycling rate of municipal waste 2010-2017 22 costs of waste disposal, and improving the quality of data.
To meet EU targets, Malta will need to invest further in the necessary infrastructure. New infrastructure is in the
With regards to the collection of organic waste from pipeline: a new Material Recovery Facility following the households, after the completion of a pilot phase in a fire at Sant’ Antnin Plant, a multi material recovery limited number of localities in the last two years, the facility and a waste to energy plant to treat that part of national roll-out has been launched and collection the waste collection that is not recyclable. It should be started on 31th of October 2018. The organic waste underlined that the construction works for the new collected through this separate collection system are waste facility at Maghtab are planned to start in 2019 intended to be diverted to one single plant for further with a completion date set for 2023. It is important to processing. It is expected to provide a positive ensure that this is planned with the future recycling contribution to recycling rates and divert more waste targets and waste prevention efforts in mind.
away from landfill. A gradually increasing landfill tax would help to divert
The monthly door-to-door glass collection has seen an waste from landfills. The revenues from this tax, together increase in the collection tonnes between January 2016 with a better allocation of EU Cohesion Funds, could and Summer 2018. support the investment needs supporting the
implementation of the waste hierarchy. No dedicated food waste collection service is yet
provided for the waste business sector. However, there In order to support Malta in bridging the implementation are already provisions to ensure collection of waste by gap, the Commission has issued in its ‘Early Warning commercial operators and discussions with key Report’ a set of recommended key priority actions. stakeholders have been launched to ensure a more According to the report, municipalities play a key role in effective waste management provisions by the sector. the system. Therefore, more effective incentives for the
local authorities are necessary, including recycling targets
Moreover, works are on progress to design and start with sanctions for non-compliance. Separate collection operating a beverage container repository system. needs to be significantly improved, including a minimum
The 2017 tax increase applied to bags used for mixed service standard developed at the national level, while waste - although low - but functioning in the same extended responsibility schemes for packaging require manner as pay-as-you-throw, could somewhat help to reform. Finally, a technical support to local councils on discourage residual waste and promote separate the practical aspects of organisation of the separate collection for recycling. collection organised at the national level, would be highly
beneficial.
Little to no progress has been achieved in other
important areas requiring urgent reform: extending the 2019 priority actions
producer responsibility (EPR) schemes, incentivising • Introduce a landfill tax and gradually increase it to
divert recyclable waste from landfill. Channel those revenues towards measures to improve waste
22 Eurostat, Recycling rate of municipal waste . management in line with the waste hierarchy.
• Establish minimum service standards for separate
Environmental Implementation Review 2019 – Malta
collection (e.g. frequency of collections, types of target under the Effort Sharing Regulation will be to containers etc.) in municipalities to ensure high reduce emissions by 19 % compared to 2005. As shown in capture rates of recyclable waste. figure 8, Malta's national projections show that, with
• Improve coordination and implement support existing measures, the 2030 target may be missed by a
programmes for municipalities to organise separate margin of 46 percentage points. collection (e.g. pay-as-you through schemes).
• Improve the effectiveness of the EPR system for Figure 7: Change in total greenhouse gas 1990-2017 packaging in line with the general minimum (1990=100%)
25 .
requirements on EPR 23 .
Climate change
The EU has committed to undertaking ambitious climate action internationally as well as in the EU, having ratified the Paris Climate Agreement on 5 October 2016. The EU targets are to reduce greenhouse gas (GHG) emissions by
20 % by 2020 and by at least 40 % by 2030, compared to
1990. As a long-term target, the EU aims to reduce its emissions by 80-95 % by 2050, as part of the efforts required by developed countries as a group. Adapting to the adverse effects of climate change is vital to alleviate its already visible effects and improve preparedness for and resilience to future impacts.
Due to its geophysical, social and economic constraints,
Malta is itself particularly vulnerable to the direct Malta is implementing a National Strategy for Policy and impacts of climate change. Any action that is taken today, Abatement Measures Relating to the Reduction of on a national and global level, to address climate change, Greenhouse Gas Emissions. will be reflected as reduced (economic and social)
adaptation costs in the future. The Low Carbon Development Strategy is currently being formulated and this will have an outlook to 2050 and will
The EU emissions trading system (EU ETS) covers all large replace all other policies and strategies. This is expected greenhouse gas emitters in the industry, power and to be finalised at the start of 2020.
aviation sectors in the EU. The EU ETS applies in all
Member States and has a very high compliance rate. Each Malta published its National Energy Policy in 2012. This year, installations cover around 99 % of their emissions provides the measures to be implemented by 2020 and
with the required number of allowances. also a longer-term vision to 2030. The goal is to have 10% of energy produced from renewable sources by 2020.
For emissions not covered by the EU ETS, Member States This will be achieved through developing a legal planning have binding national targets under the Effort Sharing framework to support renewable energy, promoting legislation 24 . Malta had higher emissions than its annual private investment in large scale renewable projects and targets in each of the years 2013-2017. To compensate micro generation and introducing feed in tariff support for this, Malta has utilised flexibilities provided by the for PV. Improving energy efficiency is also a key theme of Effort Sharing Decision, and has thereby complied with the policy. This aspect has been further developed in the its obligations under the same decision (the compliance Country’s 2017 National Energy Efficiency Action Plan, cycle for 2016 is still to be finalised). which outlines a target of energy savings by 2020, shows
According to preliminary data, in 2017, emissions how the country intends to generate these savings and exceeded the annual emission allocations by 23 demonstrates the results achieved so far.
percentage points. The 2017 National Renewable Energy Action Plan
For 2020, Malta's national target under the EU Effort (NREAP) is also of importance. This was first submitted to
Sharing Decision is to avoid increasing emissions by more than 5 % compared to 2005. For 2030, Malta's national
25 Annual European Union greenhouse gas inventory 1990–2016 ( EEA greenhouse gas data viewer ). Proxy GHG emission estimates for 2017Approximated EU greenhouse gas inventory 2017 (European
23 Set out in Directive (EU) 2018/851 amending Directive 2008/98/EC i Environment Agency). Member States national projections, reviewed by 24 See Regulation (EU) 2018/842 . the European Environment Agency.
Environmental Implementation Review 2019 – Malta
the European Commission in 2011 and then an update enhance the preparedness and capacity of all governance was provided in 2017. It covers the period out to 2020 levels to respond to the impacts of climate change.
and outlines how the 10% target will be reached. The current Maltese National Adaptation Strategy was
Figure 8: Targets and emissions under the Effort Sharing adopted in 2012. The 2015 Climate Action Act formalises Decision and Effort Sharing Regulation 26 . the requirement to maintain a strategy that is reviewed
and updated at least every four years. Several sectorial action plans are available, covering the most vulnerable sectors, which are water resources, infrastructure and land use, natural ecosystems, agriculture and fisheries, health, civil protection immigration and vulnerable
groups, and finally tourism.
Figure 9: Greenhouse gas emissions by sector (Mt. CO2- eq.). Historical data 1990-2016. Projections 2017-2030 27 .
Research and innovation for addressing the climate change challenges in Malta is being addressed through the national research and innovation (R&I) strategy for
2014 – 2020.
Transport represents almost a quarter of Europe's greenhouse gas emissions and is the main cause of air pollution in cities. Transport emissions in Malta increased Monitoring of adaptation measures is done through the by 9 % from 2012 to 2016. screening of Malta's National Environment Policy under
Under the F-gas regulation, Member States must the sections related to climate change, while monitoring implement training and certification programmes and on the strategy implementation is done by the sectorial rules for penalties and notify these measures to the focal persons on the Inter-Ministerial Committee on Commission by 2017. Malta has ratified the Doha Climate Change. Malta has initiated the process of amendment however this has not entered into force and developing a national Low Carbon Development Strategy Malta considers that it will provide the final figures for (LCDS) which, given, the particular specificities of the
the 2022 period. country and in view of being a vulnerable island in the Mediterranean, will also incorporate the National
Malta is the only EU Member State with no reported and Adaptation Strategy. accounted quantities under the Kyoto Protocol second
commitment period. As of May 2018, 24 cities and municipalities in Malta have committed to the Covenant of Mayors. However,
The EU Strategy on adaptation to climate change, none has committed to adaptation planning and actions adopted in 2013, aims to make Europe more climatewithin the framework of the Covenant of Mayors. resilient, by promoting action by Member States, betterinformed
decision making, and promoting adaptation in The total revenues from the auctioning of emission key vulnerable sectors. By adopting a coherent approach allowances under the EU ETS over the years 2013-2017
and providing for improved coordination, it seeks to
27 Annual European Union greenhouse gas inventory 1990–2016 ( EEA greenhouse gas data viewer ). Proxy GHG emission estimates for
26 Proxy GHG emission estimates for 2017Approximated EU greenhouse 2017Approximated EU greenhouse gas inventory 2017 (European gas inventory 2017 (European Environment Agency). Member States Environment Agency). Member States national projections, reviewed by national projections, reviewed by the European Environment Agency. the European Environment Agency.
Environmental Implementation Review 2019 – Malta
were EUR 25 million. On average 96 % of the auctioning revenues have been spent, or its use planned, on climate and energy purposes.
2019 priority action
In this report, no priority actions have been included on climate action, as the Commission will first need to assess the draft national energy and climate plans which the
Member States needed to send by end of 2018. These plans should increase the consistency between energy and climate policies and could therefore become a good example of how to link sector-specific policies on other interlinked themes such as agriculture-nature-water and transport-air-health.
Environmental Implementation Review 2019 – Malta
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2.Protecting, conserving and enhancing natural capital
Nature and biodiversity Designating Natura 2000 sites and setting conservation
objectives and measures The EU biodiversity strategy aims to halt the loss of
biodiversity in the EU by 2020. It requires full The six-year deadline set by the Habitats Directive to implementation of the Birds and Habitats Directives to designate Special Areas of Conservation and establish achieve favourable conservation status of protected appropriate conservation objectives and measures has species and habitats. It also requires that the agricultural expired for 32 sites. Malta has now designated 27 SACs and forest sectors help maintain and improve and has adopted conservation orders for eight of them as biodiversity. well as 20 management plans for another 19 sites. On the
five remaining SCIs to be designated as SACs, all marine,
Biodiversity strategy one should be designated as SAC and conservation
measures should be adopted by 2019, according to the
Malta’s first national biodiversity strategy and action plan information reported by the Maltese authorities.
(2012-2020) 28 entitled ‘Working Hand-in-Hand with
Nature’, was adopted in 2012.
Setting up a coherent network of Natura 2000 sites
The 34 local terrestrial Natura 2000 sites together cover approximately 13 % of the total land area of the Maltese
Islands (around 41km 2 ). These sites include the minor islands (Kemmuna, Filfla and Selmunett, and their surrounding islets), coastal cliffs (including Rdumijiet ta’
Malta: Ir-Ramla taċ-Ċirkewwa sal-Ponta ta’ Bengħisa), saline marshlands (Is-Salini and Il-Ballut ta’ Marsaxlokk), sandy beaches and dunes (L-Inħawi tal-Għadira and L-
Inħawi tar-Ramla), areas of garrigue and maquis (L-
Inħawi ta’ Pembroke and Il-Qortin tal-Magun u l-Qortin il
Kbir), woodland areas (L-Inħawi tal-Buskett u Il-Girgenti The adopted designation acts, conservation orders and and Il-Ballut tal-Wardija), as well as caves and other management plans are under assessment. While the geological features (Għar Dalam and Il-Maqluba). There efforts put in place by the Maltese authorities in are also eight marine sites, including three recently developing these instruments are recognised, a first established ones. analysis shows that these might be insufficient to ensure
full compliance with Articles 4(4) and 6(1) of the Habitats
Compliance with the legal requirement for Member Directive. In particular, the designation act lacks clarity States to set up a coherent national network of Natura on the legal protection and conservation regime 2000 sites is being assessed for each species and habitat applicable to the 27 sites. The established conservation type occurring on the national territory of the Member objectives appear too generic and therefore not suitable States. On the basis of the latest assessment carried out for establishing the required conservation measures. by the Commission in cooperation with the European These conservation measures are sometimes not defined Environment Agency (EEA), the terrestrial Natura 2000 with a sufficient level of detail and do not cover all network is now considered to be completed. habitats and species for which the sites have been
On the marine part of the network, the Commission designated.
welcomes the new designations communicated in June
2018, which enhance the protection of reefs and caves, Progress in maintaining or restoring favourable and is assessing the sufficiency of the Maltese network in conservation status of species and habitats
light of the agreed criteria. Considering that Member States report every 6 years on
the progress made under both directives, no new information is available on the state of natural habitats and species, or on progress made in improving the
28 The Government of Malta, Malta’s national biodiversity strategy and conservation status of species and habitats in Malta, as action plan (2012-2020) compared to the 2017 EIR. The next report under
Environmental Implementation Review 2019 – Malta
Article 17 of the Habitats Directive and Article 12 of the and design guidance (2014) 32 protects landscape features Birds Directive will be published in 2019. and ecological corridors such as rubble walls, natural
Illegal trapping and killing of protected species remains ponds, indigenous trees, etc. in agricultural areas, which one of the main challenges in Malta. A recent ruling from enhance connectivity while providing habitats for flora the Court of Justice of the EU ruled that the 2014 and and fauna.
2015 measures authorising the autumn trapping of The strategic plan for environment and development finches did not comply with the conditions laid down by (SPED) 33 is founded on an integrated planning system the Directive on the conservation of wild birds 29 . In regulating the sustainable use and management of land response to that judgement, Malta made progress by and sea resources. It should form the primary basis for aligning its hunting and trapping practices to the Birds decisions on all development and environmental permit Directive and, in particular, by repealing the framework applications. A national transport strategy, 2050 and regulations on autumn live-capturing season for finches. transport master plan, 2025 34 have been developed to
2019 priority actions cover all relevant modes of transport (land, public transport, sea and air) for the short, medium and long•
Complete the Natura 2000 designation process. term. One of the six strategic goals promotes • Draw up the remaining management plans for environmental and urban sustainability.
marine sites and put in place clearly defined GI is therefore already integrated into some sectors. The conservation objectives as well as the necessary agriculture policy refers to the sustainability of conservation measures for all the sites. Provide ecosystem services and adapting to local geo-climatic adequate resources for their implementation in conditions. Afforestation projects are given priority to order to maintain/restore species and habitats of rehabilitate degraded habitats and enhance green open community interest to a favourable conservation spaces. They have already upgraded several parks and
status across their natural range.
• Ensure that hunting and trapping practices comply green belts and are seen as best practice. GI actions are also explored in the water management sector, as it can
with the Birds Directive, strengthen enforcement contribute to improving soil resources and water quality efforts and invest in education and awarenessthrough soil conservation measures and potentially
raising programmes. improve water quantity in ecologically sensitive sites.
Maintaining and restoring ecosystems and The LifeMedGreenRoof 35 project serves as a pilot to
their services investigate how green roofs perform in a Mediterranean climate. It tested the potential of green roofs to insulate
The EU biodiversity strategy aims to maintain and restore against heat, especially in the summer months. It also ecosystems and their services by including green tested the potential of green roofs to reduce the use of infrastructure in spatial planning and restoring at least air conditioning and to mitigate local flooding. At this end 15 % of degraded ecosystems by 2020. The EU green of the project, a draft policy document was submitted to infrastructure strategy promotes the incorporation of the Planning Authority to be considered for integration green infrastructure into related plans and programmes. into planning policies.
The EU has provided guidance on the further deployment GI projects are co-funded by the government, EU funds of green and blue infrastructure in Malta 30 and a country and in some cases contributions by the private sector. page on the Biodiversity Information System for Europe However, technical assistance easing the use of available (BISE) 31 . This information will also contribute to the final funds is needed and more financial incentives by local or
evaluation of the EU Biodiversity Strategy to 2020. central governments are needed. Similarly, structures to promote public-private partnerships to find additional GI
Several of Malta’s policies explicitly address Green finance are needed.
Infrastructure and connectivity, including the national
biodiversity strategy and action plan 2012-2020 and the In general, lack of awareness and public participation
national environment policy (2012-2020). The rural policy hinder GI activities. More figures on the benefits of GI and more spatial data are needed as well as more
32 The Malta Environment and Planning Authority, Rural Policy And 29 C-557/15 - Commission v Malta, ruling of 21 June 2018. Design Guidance, 2014
30 European Commission, The recommendations of the green 33 The Malta Environment and Planning Authority, Strategic Plan for the infrastructure strategy review report and the EU Guidance on a Environment and Development strategic framework for further supporting the deployment of EU-level 34 The Government of Malta, The Development of National Transport green and blue infrastructure. Strategy, 2050 and Transport Master Plan, 2025
31 Biodiversity Information System for Europe. 35 EU LIFE project, LifeMedGreenRoof
Environmental Implementation Review 2019 – Malta
resource capacity to implement GI. The outcome of the ecosystem services assessment and mapping methods in Mapping and Assessment of Ecosystems and their Malta. This study included the development of a land use Services (MAES) process would be useful for spatially land cover map and the mapping of a number of explicit prioritisation and problem identification for GI ecosystem services.
uptake. The MCAST will be applying the MAES framework at a
local level by implementing assessment and mapping techniques for the capital city Valletta. The results of these two projects will contribute to developing the
national assessment.
At the MAES Working Group meeting held in Brussels in September 2018, it was shown that Malta has made some progress in implementing MAES (see Figure 10).
This assessment was made by the ESMERALDA project 39 and based on 27 implementation questions. The assessment is updated every six months. Malta is encouraged to continue its support of the mapping and
assessment of ecosystems and their services.
Figure 10: Implementation of MAES (September 2018) Additional efforts are needed in deploying green and blue infrastructure and integrating it in other policies consistent with the MAES framework, to consider the recommendations of the GI strategy review report 36 and to make full use of the EU guidance on a strategic framework for further supporting the deployment of EU level green and blue infrastructure 37 .
Estimating natural Capital
The EU biodiversity strategy calls on Member States to Business and Biodiversity platforms, networks and map and assess the state of ecosystems and their communities of practice are key tools for promoting and services 38 in their national territories by 2014, assess the facilitating natural capital assessments (NCA) among economic value of such services and integrate these business and financial service providers for instance via values into accounting and reporting systems at EU and the Natural Capital Protocol of the Natural Capital national level by 2020. Coalition
40 . NCA helps private business to better
understand and value not only their impacts but also
Malta continues to implement the measures on mapping their dependencies on nature and thereby contributing and assessing ecosystem services in its national to the EU Biodiversity Strategy. At EU level
41 and in a
biodiversity strategy and action plan 2012-2020. It has number of the Member States – however not all - such invested in capacity building for mapping through intense platforms have been established. Malta has not yet GIS training. Consultations with stakeholders will be established such a platform and publish the results of its carried out subsequently on available data, including the national assessment.
developed ecosystem map, are going to be carried out on the priority ecosystem services and indicators to be included in the national assessment.
Work on the assessment of ecosystem services has been undertaken by the Institute of Applied Sciences within the Malta College of Arts, Science and Technology
(MCAST). As part of the ESMERALDA and En-Route projects, MCAST is carrying out a case study to test
39 EU project Esmeralda 40 Natural Capital Coalition, Natural Capital Protocol
36 (add code+hyperlink). 41 Business and Biodiversity, The European Business and Biodiversity 37 (add code+hyperlink). Campaign aims to promote the business case for biodiversity in the EU 38 Ecosystem services are benefits provided by nature such as food, Member States through workshops, seminars and a cross media clean water and pollination on which human society depends. communication strategy.
Environmental Implementation Review 2019 – Malta
Invasive alien species Figure 11: proportion of artificial land cover, 2015
44
Under the EU biodiversity strategy, the following are to be achieved by 2020:
(i) invasive alien species identified;
(ii) priority species controlled or eradicated; and
(iii) pathways managed to prevent new invasive species from disrupting European biodiversity.
This is supported by the Invasive Alien Species (IAS)
Regulation, which entered into force on 1 January 2015.
The report on the baseline distribution 42 , for which Malta
did provide feedback, shows that from the 37 species on the first EU list, none have been observed in Malta.
Between the entry into force of the EU list and 18 May
2018, Malta has not notified any new appearances of invasive alien species of EU concern, according to
Article 16(2) of the Invasive Alien Species Regulation.
Malta has notified the competent authorities responsible for implementing the Invasive Alien Species Regulation to the Commission as required by Article 24(2) of that
Regulation. Malta has also informed the Commission of its national provisions on penalties applicable to infringements as required by Article 30(4) of that
Regulation and has therefore fulfilled its notification obligations in this regard.
Soil protection
Malta ranks far above the EU average for artificial land
The EU soil thematic strategy underlines the need to coverage with 23.6 % of artificial land (EU-28 average: ensure a sustainable use of soils. This entails preventing 4.1 %). The population density is 1 450.2/km 2 , which is further soil degradation and preserving its functions, as significantly above the EU average of 118 45 .
well as restoring degraded soils. The 2011 Roadmap to a
Resource Efficient Europe states that by 2020, EU policies The annual soil loss of 19.3 % indicates that Malta is at must take into account their direct and indirect impact risk of moderate (10 to 25 tonnes per hectare per year) on land use. to severe (> 75t per hectare per year) soil erosion.
Maltese north-western and Gozitan areas are
Soil is a finite and extremely fragile resource and it is characterised by a large range in erosion rates. The increasingly degrading in the EU. The percentage of highest estimated erosion rates occur in steeply inclined artificial land 43 in Malta (see Figure 11) shows relative arable land where poor management and conservation pressure on nature and biodiversity and the practices are applied. Land fragmentation reduces the environmental pressure on people living in urbanised economic viability of the land whereby 74 % (9,203 ha) of areas. A similar measure is population density. all agricultural holdings cover less than one hectare, in
turn contributing to land abandonment, and reduced rubble wall maintenance. The yearly cost incurred by the average agricultural farmer to replace eroded soils and
42 Tsiamis K; Gervasini E; Deriu I; D`amico F; Nunes A; Addamo A; De artificially maintain soil quality in erosion affected areas Jesus Cardoso A. Baseline Distribution of Invasive Alien Species of Union amounts to 1,164.24 EUR/0.01km2/yr, over 65 % of the
concern. Ispra (Italy): Publications Office of the European Union ; 2017,
EUR 28596 EN, doi:10.2760/772692.
43 Artifical land cover is defined as the total of roofed built-up areas
(including buildings and greenhouses), artificial non built-up areas
(including sealed area features, such as yards, farmyards, cemeteries, car parking areas etc. and linear features, such as streets, roads, railways, runways, bridges) and other artificial areas (including bridges and viaducts, mobile homes, solar panels, power plants, electrical 44 Eurostat, Land covered by artificial surfaces by NUTS 2 regions . substations, pipelines, water sewage plants, and open dump sites). 45 Eurostat, Population density by NUTS 3 region .
Environmental Implementation Review 2019 – Malta
average yearly economic revenue from Maltese utilised waters by 2020. To that end, Member States must agricultural area 46 . develop a marine strategy for their marine waters, and
Contamination can severely reduce soil quality and cooperate with the EU countries that share the same threaten human health or the environment. A recent marine (sub)region.
report of the JRC 47 estimated that potentially polluting These marine strategies require that different steps need activities have taken or are still taking place on to be developed and implemented over six-year cycles. approximately 2.8 million sites in the EU. At EU level, The latest step required Member States to set up and 650 000 of these sites have been registered in national or report the Commission of their programme of measures regional inventories. 65 500 contaminated sites already by 31 March 2016. The Commission assessed whether have been remediated. Malta has registered 135 sites Malta’s measures were appropriate to reach GES 50 . where potentially polluting activities have taken or are
taking place, and already has remediated or applied The Convention for the Protection of the Marine
aftercare measures on one site. Environment and the Coastal Region of the Mediterranean (Barcelona Convention) helps Malta to
Soil erosion by water is a natural process, but this natural achieve good environmental status (GES). process can be aggravated by climate change and human
activities such as inappropriate agricultural practices, Malta’s programme of measures either fully or partially
deforestation, forest fires or construction works. addresses the most relevant pressures on its marine environment. Malta reports on the existing measures it
High levels of soil erosion can reduce productivity in has in place based on laws, conventions, action plans and agriculture and can have negative and transboundary commitments. Malta also reported on an analysis it impacts on biodiversity and ecosystem service and on conducted to identify any gaps in the current measures rivers and lakes (increased volume of sediments, and to develop new ones where existing measures were transport of contaminants). According to the RUSLE2015 not sufficient to address the pressures on its marine model 48 , Malta has an average soil loss rate by water of waters. The new measures primarily aim to improve 6.02 tonnes per hectare per year (t ha −a yr −y ) compared to knowledge through research and monitoring, but also to the EU mean of 2.46 t ha −a yr −y . This indicates that soil raise awareness and include governance measures. Few erosion in Malta is high on average. These figures are the new measures aim to tackle relevant pressures (direct output of an EU level model and can therefore not be effects on the marine environment). For example, for considered as locally measured values. The real rate of commercial fish and shellfish, measures primarily rely on soil loss can vary strongly within a Member State the Common Fisheries Policy and fisheries management, depending on local conditions. while one new measure improves data collection for
Soil organic matter plays an important role in the carbon fisheries and incidental by-catch.
cycle and in climate change. Soils are the second largest Some aspects of marine environment are only partially carbon sink in the world after the oceans. covered by Malta and some activities are only partly and
indirectly addressed (fisheries, tourism, recreation,
Marine protection anchoring of ships and boats).
EU coastal and marine policy and legislation require that Furthermore, Malta does not always clearly state when by 2020 the impact of pressures on marine waters be GES will be achieved. For most descriptors Malta reduced to achieve or maintain good environmental acknowledges that major knowledge gaps exists and that status (GES) and ensure that coastal zones are managed it cannot estimate whether GES will be achieved due to sustainably. these gaps.
Litter is a pressure on the marine environment that
The Marine Strategy Framework Directive (MSFD) 49 aims eventually finds its way to the seafloor and on to to achieve good environmental status of the EU’s marine beaches. Through the amendment of its littering
regulations, Malta strengthened the enforcement of its
46 Environment and Resources Authority, State of the Environment provisions by stricter penalties. Implementation of the
Report 2018 , chapter 4 Marine Strategy Framework Directive has led to an
47 Ana Paya Perez, Natalia Rodriguez Eugenio (2018), Status of local soil improved understanding of macro and micro-litter,
contamination in Europe: Revision of the indicator “Progress in the notably from plastics. In 2017, Malta joined the ‘Clean
management Contaminated Sites in Europe”.
48 Panagos, P., Borrelli, P., Poesen, J., Ballabio, C., Lugato, E., Seas’ campaign on marine litter. Collaboration with
Meusburger, K., Montanarella, L., Alewell, C., The new assessment of various non-governmental organisations is being sought
soil loss by water erosion in Europe, (2015) Environmental Science and
Policy, 54, pp. 438-447.
49 European Union, Marine Strategy Framework Directive 2008/56/EC 50 COM(2018) 562 .
Environmental Implementation Review 2019 – Malta
on a regular basis to undertake clean-ups on the coastline and in coastal waters. Public awareness is also being achieved through such initiatives. Malta is the only
Member State having applied for an exception to achieve good environmental status for litter by 2020 on the grounds that actions from neighbouring countries would allegedly hamper its efforts; however, such proposed justification does not appear to be fully substantiated
and no alternative timeline is reported 51 .
Malta’s coastal and marine environment is important due to the rich biodiversity it contains but also because of the ecosystem services it provides, such as clean water and fisheries, to the various coastal users. Fish farming, while alleviating the pressures of over-fishing, poses its own set of threats. In that respect, it is imperative to put the necessary and sufficiently effective controls in place to ensure, reduce and mitigate any identified pressures and threats.
2019 priority actions
• Define good environmental status (GES) where it has
not been done yet.
• Determine the timelines to achieve good
environmental status, when these have not been reported.
• Provide more information about measures, establish
more measures that have a direct impact on the pressures and quantify the expected level of reduction of the pressure as a result of these measures, and monitor progress.
• Ensure reporting of the different elements under the
Marine Strategy Framework Directive by the set deadline.
51 COM(2018)562 , p.12.
Environmental Implementation Review 2019 – Malta
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3.Ensuring citizens' health and quality of life
Air quality reductions recorded in the 2017 EIR, additional efforts are needed to meet agreed emission reduction
EU clean air policy and legislation require the significant commitments laid down in the new National Emissions improvement of air quality in the EU, moving the EU Ceilings Directive 55 for 2020-2029 and from 2030
closer to the quality recommended by the World Health onwards. Focusing on 2020, the greatest effort will Organisation. Air pollution and its impacts on human involve emission reductions for ammonia (NH 3 ) where health, ecosystems and biodiversity should be further Malta reported projected emissions above agreed reduced with the long-term aim of not exceeding critical commitments 56 .
loads and levels. This requires strengthening efforts to
reach full compliance with EU air quality legislation and Thereby, air quality in Malta is reported to be good, with
defining strategic targets and actions beyond 2020. exceptions. Nevertheless, for 2015, the European Environment Agency estimated that more than 240
The EU has developed a comprehensive body of air premature deaths were attributable to air pollution
57 .
quality legislation 52 , which establishes health-based According to a special report from the European Court of standards and objectives for a number of air pollutants. Auditors 58 , EU action to protect human health from air
Most of the emissions of several air pollutants have pollution has not had its expected impact. There is a risk decreased significantly in Malta 53 . The emission that air pollution is being underestimated in some reductions between 1990 and 2014 mentioned in the instances because it may not always be monitored in the previous EIR, continued between 2014 and 2016 with right places. Member States are required to report both emissions of sulphur oxides (SOx) falling by 60.16 %, real-time and validated air quality data to the emissions of nitrogen oxides (NOx) by 26.15 %, emissions Commission
59 . Malta’s reporting of air quality data has
of ammonia (NH been at several occasions delayed in the past years. 3 ) by 4.76 % and emissions of fine
particulate matter (PM 2.5 ) by 40.91 %. However, Figure 13: Air quality zones exceeding EU air quality emissions of volatile organic compounds (NMVOCs) have standards in 2017 60
increased by 4.42 % (see Figure 12 on the total PM 2.5 and
NO x emissions per sector).
Figure 12: PM 2.5 and NO x emissions by sector in Malta 54
In 2016, the Maltese Government adopted a National Transport Strategy with 2050 horizon and an Operational Transport Master Plan to 2025. Implementation of the
55 Directive 2016/2284/EU 56 EEA, National Emission Ceilings (NEC) Directive reporting status 2018. 57 EEA, Air Quality in Europe – 2018 Report , p.64. Please see details in this report as regards the underpinning methodology. 58 European Court of Auditors, Special report no 23/2018: Air pollution:
For 2017, Malta reported that they had not exceeded air Our health still insufficiently protected.
quality limit values. Despite the air pollutants emission 59 Article 5 of Commission Implementing Decision 2011/850/EU of
12 December 2011 laying down rules for Directives 2004/107/EC and 2008/50/EC of the European Parliament and of the Council as regards the reciprocal exchange of information and reporting on ambient air
52 European Commission, 2016. Air Quality Standards quality (OJ L 335, 17.12.2011, p. 86) requires Member States to provide 53 See EIONET Central Data Repository and Air pollutant emissions data Up-To-Date data. viewer (NEC Directive) 60 EEA, EIONET Central Data Repository. Data reflects the reporting 54 2016 NECD data submitted by Member State to the EEA. situation as of 26 November 2018.
Environmental Implementation Review 2019 – Malta
above-referred measures began in February 2017. The Figure 14: Number of IED industrial installations by Government has introduced a number of measures, sector, Malta (2015) 63 which address public transport, collective transport and environmentally friendly transport. Indeed, it is offering free public transport for students, abolishing the registration tax and granting a 5-year exemption from the annual circulation licence fee on electric vehicles and those powered by gas, as well as offering a grant for the purchase of such vehicles. It is also implementing a number of schemes aimed at encouraging the use of bicycles and motor cycles. But, so far, focus seems to be in particular on upgrading the road infrastructure for which the Maltese authorities announced a EUR 700 million project over a period of seven years.
2019 priority action
• Take, in the context of the National Air Pollution
Control Programme (NAPCP), actions towards Figure 15: Emissions to air from IED sectors and all other
reducing the main emission sources. national air emissions, Malta (2015)
Industrial emissions
The main objectives of EU policy on industrial emissions are to:
(i) protect air, water and soil;
(ii) prevent and manage waste;
(iii) improve energy and resource efficiency; and
(iv) clean up contaminated sites.
To achieve this, the EU takes an integrated approach to the prevention and control of routine and accidental industrial emissions. The cornerstone of the policy is the
Industrial Emissions Directive 61 (IED).
The below overview of industrial activities regulated by the IED is based on the ‘industrial emissions policy
country profiles’ project 62 . The energy power sector contributes mostly for the emissions to water and for hazardous waste generated.
In Malta, 16 industrial installations are required to have a The waste management sector contributes mostly to permit based on the IED. Industrial sectors in Malta with non-hazardous waste generation. the most IED installations in 2015 are chemical (44 %),
waste management (44 %) and energy-power (12.5 %). The enforcement approach under the IED creates strong rights for citizens to have access to relevant information
The energy power sector is identified as the biggest and to participate in the permit process. This empowers source of air pollutants emission, except Non Methane NGOs and the general public to ensure that permits are Volatile Organic Compounds (NMVOCs) and Ammonia appropriately granted and their conditions respected.
(NH3). The breakdown is shown in the Figure 15. Best available techniques (BAT) reference documents and
BAT conclusions are developed through the exchange of information between Member States, industry associations, NGOs and the Commission. This ensures a good collaboration with stakeholders and a better
application of the IED’s rules.
61 Directive 2010/75/EU covers industrial activities carried out above
certain thresholds. It covers energy industry, metal production, mineral The Commission relies on and welcomes the efforts of
and chemical industry and waste management, as well as a wide range national competent authorities to implement the legally
of industrial and agricultural sectors (e.g. intensive rearing of pig and poultry, pulp and paper production, painting and cleaning).
62 European Commission, Industrial emissions policy country profile – 63 European Commission, Industrial emissions policy country profile – Malta . Malta .
Environmental Implementation Review 2019 – Malta
binding BAT conclusions and associated BAT emission
levels in environmental permits, resulting in considerable Water quality and management
and continuous reduction of pollution. EU legislation and policy requires that the impact of
For example, by applying the recently adopted BAT pressures on transitional, coastal and fresh waters emission levels for large combustion plants, emissions of (including surface and ground waters) be significantly sulphur dioxide will be cut on average by between 25 % reduced. Achieving, maintaining or enhancing a good and 81 %, nitrogen oxide by between 8 % and 56 %, dust status of water bodies as defined by the Water by between 31 % and 78 % and mercury by between Framework Directive will ensure that EU citizens benefit 19 % and 71 % at EU level. The extent of the reduction from good quality and safe drinking and bathing water. It depends on the situation in individual plants. will further ensure that the nutrient cycle (nitrogen and
phosphorus) is managed in a more sustainable and
2019 priority actions resource-efficient way.
• Review of permits to ensure that they comply with
the newly adopted BAT conclusions. The existing EU water legislation
67 puts in place a
• Strengthen control and enforcement to ensure protective framework to ensure high standards for all
compliance with the BAT conclusions. water bodies in the EU and addresses specific pollution sources (for example, from agriculture, urban areas and Noise industrial activities). It also requires that the projected impacts of climate change are integrated into the
The Environmental Noise Directive 64 provides for a corresponding planning instruments e.g. flood risk common approach to avoiding, preventing and reducing management plans and river basin management plans, the harmful effects of exposure to environmental noise. including programme of measures which include the
actions that Member States plan to take in order to
Excessive noise from aircraft, railways and roads is one of achieve the environmental objectives.
the main causes of environmental health-related issues Water Framework Directive
in the EU 65 .
Malta has adopted and reported the second generation
Based on a limited set of data 66 , environmental noise of river basin management plans under the water causes at least around 10 premature deaths and is framework directive.
responsible for around 20 hospital admissions per year in
Malta. Noise also disturbs the sleep of roughly 12 000 The most significant pressure on surface water bodies is people in Malta. The noise mapping for the previous unknown anthropogenic pressure (100% of water bodies) reporting round (reference year 2011) is complete as are followed by point sources (47%) and diffuse pollution the action plans (reference year 2013) which include (47%). For groundwater bodies the most significant measures to address noise hotspots. These instruments, pressure is agriculture (100%) followed by alteration of adopted after a public consultation had been carried out, water level or wolume (47%).
should include the measures to keep noise low or reduce Unknown anthropogenic pressure was the most it. significant impact on rivers, lakes, and transitional water
bodies (53%), where chemical pollution was the most significant pressure for coastal waters (100%) and
groundwater (87%).
All the rivers, lakes and transitional waters have unknown ecological status/potential due to lack of knowledge, data, and assessment methods. The distribution of status classes for classified water bodies illustrated in figure 17
is therefore only representing coastal waters.
Monitoring has been established for quality elements in coastal waters, and for most of the required quality
64 Directive 2002/49/EC . 67 This includes the Bathing Waters Directive (2006/7/EC), the Urban 65 WHO/JRC, 2011, Burden of disease from environmental noise, Waste Water Treatment Directive (91/271/EEC) (on discharges of
Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), municipal and some industrial wastewaters), the Drinking Water
World Health Organisation, Regional Office for Europe, Copenhagen, Directive (98/83/EC) (on potable water quality), the Water Framework Denmark. Directive (2000/60/EC) (on water resources management), the Nitrates 66 European Environment Agency, Noise Fact Sheets 2017 . Directive (91/676/EEC) and the Floods Directive (2007/60/EC).
Environmental Implementation Review 2019 – Malta
elements in rivers, lakes, and transitional waters, in first and second River Basin Management Plans (from contrast to the first River Basin Management Plans, 84% to 80%) in terms of total groundwater body area. where there was no monitoring reported. Not all required biological quality elements and In Malta, a water-scarce country, many economic hydromorphological quality elements are monitored, but activities, including the touristic sector, as well as the the expanded monitoring programme shows industry and manufacturing, are heavily dependent on a considerable progress. stable water supply. Monitoring data presented in the
Figure 16: Ecolo gic al status or potential of surface water second River Basin Management Plan indicates that
bodies in Malta 68 groundwater bodies, which are affected by overexploitation, are progressively reaching a stable
state, which would suggest that the imbalance between
abstraction and recharge is progressively being reduced.
Malta has taken some significant steps to identify the gaps to good status for some parameters. The Programme of Measures has been developed in order to address the significant water management issues identified, but no quantitative assessment of the contribution each measure will make to the closure of
MT the gaps has been carried out.
Malta has reported a significant increase in the funding available for the second Programme of Measures, which
MTMALTA includes a substantial increase in the contribution from
EU funds.
Drinking Water Directive
0 5 10
km On drinking water, no new data are available since the last EIR 69 .
High
Good Figure 17: Bathing water quality 2014 – 2017 70
Moderate Poor Bad Unknown RBDs
Between the first and second River Basin Management
Plans, there was a very significant improvement in knowledge regarding the chemical status. There has been a net increase in monitoring for chemical status, both in the number of monitoring sites and water bodies. The chemical status for all water bodies (all coastal water bodies) was unknown in the first River Basin
Management Plans while all water bodies were classified in the second. Approximately half of the water bodies have good chemical status (rivers, lakes and transitional)
and half are failing to achieve good ecological status (all Bathing Water Directive
coastal water bodies).
Figure 17 shows that in 2017, out of the 87 Maltese
The monitoring situation regarding the quantitative bathing waters, 86 were of excellent quality and 1 of
status of groundwater is incomplete (81% of the total groundwater body area). Groundwater bodies failing good quantitative status decreased slightly between the
69 Compliance with the Drinking Water Directive microbiological and chemical parameters as last reported was very high.
68 Note: Standard colours based on WFD Annex V, Article 1.4.2(i) 70 European Environment Agency, 2018. European bathing water quality Source: WISE, Eurostat (country borders). in 2017 , p. 21.
Environmental Implementation Review 2019 – Malta
good quality. There was no bathing water classified as of the implementation of measures and an as complete sufficient or poor, just like in 2016 71 . as possible estimation of the cost of measures. In
Detailed information on the Maltese bathing waters is addition, there is scope for clarifying the method for the available from a national portal 72 and via an interactive prioritisation of measures, including the assessment of map viewer of the European Environment Agency 73 . costs and benefits.
Urban Waste Water Treatment Directive 2019 priority actions
Concerning compliance with the Urban Waste Water • Continue to work on completing the monitoring
Treatment Directive, 100 % of the waste water load in schemes for quantitative status of groundwater.
Malta is connected to a collecting system. However, the • Take steps to better tackle the problem of water
load collected is not treated in compliance with EU scarcity and over-abstraction.
requirements as regards the secondary treatment • Strengthen control and enforcement of measures to
requirement and more stringent treatment. Malta has prevent and reduce nitrate pollution.
indicated that the non-compliance is due to an excess of • Solve the problems of excess of farm manure
farm manure discharges in collecting systems and to an discharges in the collecting systems and of seawater excess of salt in sewage that could disturb the biological intrusion in sewage that can affect compliance with process of the treatment plants, leading to poor the Urban Waste Water Treatment Directive.
performance of the plants where these discharges enter. • Take steps to clarify the method for the
prioritisation of measures, including the assessment
That is the reason why the Commission has initiated an of costs and benefits in the next Flood Risk infringement procedure to investigate the issue further. Management Plans.
In the previous EIR, projects were expected to be
completed by 2017-2018, going far beyond the deadline Chemicals
set in Malta’s 2007 Treaty of Accession. To date, the
estimated investment needed to ensure adequate The EU seeks to ensure that by 2020 chemicals are collection and treatment of the remaining produced and used in ways that minimise any significant
agglomerations is EUR 22 million 74 . adverse effects on human health and the environment. An EU strategy for a non-toxic environment that is
With regard to water investments in the 2014-2020 conducive to innovation and to developing sustainable programming period, it is worth mentioning that water substitutes, including non-chemical options, is being monitoring measures are planned in Malta with the aim prepared. of enabling the provision of sufficient data to significantly increase the level of confidence in the status assesments. The EU’s chemicals legislation 75 provides baseline
Floods Directive protection for human health and the environment. It also ensures stability and predictability for businesses
The Floods Directive established a framework for the operating within the internal market. assessment and management of flood risks, aiming at the
reduction of the adverse consequences associated with The 2016 European Chemicals Agency (ECHA) report on significant floods. the operation of REACH and CLP
76
showed that enforcement activities are still evolving. In the Forum for Malta has adopted and reported its first Flood Risk Exchange of Information on Enforcement, coordinated Management Plans under the Directive. The enforcement projects 77 have shown that the Commission’s assessment found that good efforts were effectiveness of the enforcement activities can still be made with positive results in setting objectives and improved, in particular regarding registration obligations devising measures focusing on prevention, protection and Safety Data Sheets where a relatively high level of and preparedness. The assessment also showed that, as non-compliance has been found. was the case for other Member States, Malta’s Flood Risk
Management Plans do not yet include close monitoring
71 European Environment Agency, 2018. European Bathing Water 75 Principally for chemicals: REACH (OJ L 396, 30.12.2006, p.1.); for
Quality in 2017 , p. 21. Classification, Labelling and Packaging, the CLP Regulation (: OJ L 252, 72 Ministry of Health, Bathing Water Programme. 31.12.2006, p.1.), together with legislation on biocidal products and
73 EEA, State of bathing waters . plant protection products.
74 European Commission, Ninth Report on the Implementation Status 76 European Chemicals Agency, Report on the Operation of REACH and and the Programmes for Implementation of the Urban Waste Water CLP 2016.
Treatment Directive (COM(2017) 749) and Commission Staff Working 77 ECHA, On the basis of the projects REF-1, REF-2 and REF-3.
Document accompanying the report (SWD(2017)445).
Environmental Implementation Review 2019 – Malta
Whilst improving, there is room for further improvement initiatives such as the Green Capital Award 82 , the Green of national enforcement activities as regards Leaf Award 83 and the Green City Tool 84 . harmonisation throughout the Union, including controls
on imported goods. It is also clear that enforcement is Financing greener cities
still weak in some Member States in particular with The 2014-2020 period has put the urban dimension at respect to control of imports and supply chain the very heart of Cohesion Policy. In Malta, sustainable obligations. The architecture of enforcement capabilities urban development is being allocated 5.2 % of European continues to be complex in most EU countries. The Research and Development Funding and may be
enforcement projects also revealed some differences supported through the European Structural Funds 85 .
among Member States (e.g. some tend to systematically Harbour areas are the urban areas that will benefit the report higher compliance than the EU average and others most from this integrated approach due to the high risk lower). of poverty, high unemployment rate including youth
A 2015 Commission study highlighted already the unemployment, high level of absenteeism from school, a importance of harmonisation in the implementation of high number of rundown buildings including social REACH at Member State level, in terms of market housing and its economic potential due to the high surveillance and enforcement, as a critical success factor concentration of historical and cultural buildings. Malta is
in the operation of a harmonised single market 78 . currently implementing its sustainable urban development strategy for the harbour area: regenerating
In March 2018, the Commission published an evaluation lower Valletta.
of REACH 79 . The evaluation concludes that REACH
delivers on its objectives, but that progress made is Participation in EU urban initiatives and networks
slower than anticipated. In addition, the registration Under Valletta 2018 — European Capital of Culture 2018, dossiers often are incomplete. The evaluation underlines the conference Living Cities, Liveable Spaces: the need to enhance enforcement by all actors, including Placemaking & Identity took place in 2017 focusing on registrants, downstream users and in particular for the themes of urban development, community importers, to ensure a level playing field, meet the engagement and well-being, as well as cultural objectives of REACH and ensure consistency with the diplomacy. The conference consisted of a series of actions envisaged to improve environmental compliance parallel sessions on various themes, including the future and governance. Consistent reporting of Member State developments of cities and urban spaces. The Cittadella enforcement activities was considered important in that Gozo project is among the finalists in the 2018 edition of respect. the RegioStars Awards. These awards recognise the most
original, innovative and pioneering regional projects
Making cities more sustainable funded by the EU.
EU policy on the urban environment encourages cities to In terms of research and innovation for cities, as part of put policies in place for sustainable urban planning and the pan-European event called Researchers’ Night, design. These should include innovative approaches to Malta’s Science & Arts Festival took place in 2018. The urban public transport and mobility, sustainable focus of the event was on plastic and the aim was to buildings, energy efficiency and urban biodiversity increase awareness about the effects of plastic waste on conservation. the planet through an interactive exhibition. The EU FP7
programme and the Malta Arts Fund support the Science
Europe can be seen as a union of cities and towns. in the City festival.
Around 75 % of the EU population live in urban areas 80 Maltese cities are also actively involved in initiatives such and this figure is projected to rise to just over 80% by as the EU Covenant of Mayors. As of June 2018, 24 2050 81 . Urban areas pose particular challenges for the Maltese cities were signed up to it.
environment and human health, but they also provide opportunities for using resources more efficiently. The
EU encourages municipalities to become greener through
82 European Commission, European Green Capital. 78 European Commission. (2015). Monitoring the Impacts of REACH on 83 European Commission, European Green Leaf Award Innovation, Competitiveness and SMEs. Brussels: European 84 European Commission, Green City Tool.
Commission. 85 In line with Article 98 (2) of the Council Regulation (EU) No
79 COM (2018) 116 . 1303/2013 , Government has decided to avail of the possibility to
80 Eurostat (2016), Urban Europe finance ESF complimentary actions subject to the limit of 10 per cent of 81 European Commission, Eurostat, Urban Europe , 2016, p.9. European funds for Sustainable Urban Development.
Environmental Implementation Review 2019 – Malta
Figure 18: People in Maltese cities reporting they live in By 2020, through its National Biodiversity Strategy and an area affected by pollution, grime or other Action Plan, Malta committed to safeguard urban
environmental problems 86 biodiversity in villages and towns through the uptake of
community initiatives. These initiatives include, among others, green rooftops, green open spaces, and other incentives, such as competitions for the best gardens and open spaces in urban areas, which promote the use of indigenous species (as opposed to invasive non-native
plants) so as to increase green urban areas.
Urban sprawl
The urban sprawl in Malta is one of the highest in Europe with the largest absolute increases observed between 2006 and 2009 (+ 1.44 UPU/m 2 91 ), making overdevelopment a pressing environmental issue that has been a consistent cause of loss of biodiversity,
These urban initiatives and networks should be natural landscapes, and agricultural land. Given Malta’s welcomed and encouraged, as they contribute to a better limited land area and its high population density, it is urban environment. In 2017, 27.8 % of city residents important to limit the environmental footprint of considered their residential area to be affected by infrastructure developments and to avoid duplication pollution or other environmental problems, down from whenever possible. Factoring in the ever-increasing 31.7 % in 2016 and 34.1 % in 2015. These figures are number of tourists visiting the islands annually (2.3 higher than the EU 28 levels (20 % in 2017, 18.9 % in million in 2017
92 ), the country’s resources are steadily
2016 and 19.2 % in 2015) 87 . becoming strained.
Nature and cities In recent years, the property market has boomed significantly, so the demand for used and virgin land is
With an area of just 316 km², Malta is one of the smallest also increasing. countries in the world. Yet it is also one of the most
densely populated. All areas constitute a continuum from Another example of concern is the current Maltese Fuel urban to rural. Around 70 % of the Natura 2000 network Stations policy. Fuel stations range in size from 1 500 to in Malta is to be found within functional urban areas 88 . 5 000 square metres each and come with ancillary
This is far above the EU average of 15 % 89 . facilities such as auto shops and cafés, deemed necessary to make the projects economically viable. The
Figure 19: Proportion of Natura 2000 network in concentration of these service stations in close proximity Functional Urban Areas (FUA) 90 to each other may negatively impact the environment.
86 Eurostat, Urban Europe — statistics on cities, towns and suburbs —
green cities , 2019. Traffic congestion and urban mobility
87 European Commission, Eurostat, Pollution, grime or other environmental problems by degree of urbanisation .
88 Eurostat, Definition of Functional Urban Areas .
89 European Commission, 2017, the 7th Report on Economic, Social and
Territorial Cohesion. 91 Urban Permeation Units measure the size of the built-up area as well 90 European Commission, the 7 th Report on Economic, Social and as its degree of dispersion throughout the region. Territorial Cohesion , 2017, p. 121. 92 Malta Tourism Authority, Research & Statistics .
Environmental Implementation Review 2019 – Malta
Malta’s size and its relatively high urban density pose major challenges for the country’s transport sector.
Socioeconomic developments, including an increase in household disposable income, status associated with car ownership, dispersed land use developments and a public transport service that does not reflect the current travel demands have resulted in the rise in car ownership in Malta. Overall, the net result is one of high fuel consumption where there is potential for energy savings.
A key measure to improve transport efficiency taken by the Maltese authorities is to reform public transport services. An objective of this reform is to achieve a modal shift from private cars to public transport.
The reforms to upgrade the private and commercial vehicle fleet continue. A target of 5 000 battery electric vehicles has been set for 2020. Hybrid vehicles will also be encouraged by reducing the registration tax for such vehicles. Excise duty has also been increased to further discourage the use of conventional fuels.
Environmental Implementation Review 2019 – Malta
Part II: Enabling framework: implementation tools
-
4.Green taxation, green public procurement, environmental
funding and investments
Green taxation and environmentally harmful Figure 20: Environmental tax revenues as a % of GDP (2017) 97
subsidies
Financial incentives, taxation and other economic instruments are effective and efficient ways to meet environmental policy objectives. The circular economy action plan encourages their use. Environmentally harmful subsidies are monitored in the context of the
European Semester and the energy union governance process.
Malta’s revenue from environment-related taxes remains higher than the EU average. Environmental taxes accounted for 2.68 % of GDP in 2017 (EU-28 average:
2.4 %) (see Figure 19) and energy taxes for 1.36 % of GDP against an EU average of 1.84 % 93 . In the same year, environmental tax revenues were 8.16 % of total revenues from taxes and social security contributions
(considerably higher than the EU-28 average of 5.97 %).
The structure of taxation shows a share of revenues from labour tax in total tax revenues far below the EU average, with 34.4 % in 2016, while the implicit tax burden on
labour was 23.8 % 94 . Consumption taxes remained
relatively high (36.9 %, 11th in the EU-28), pointing to a limited potential for shifting taxes from labour to consumption and in particular to environmental ones.
However, there are some cases showing the putting in place of sound fiscal measures for the environment. A
good example is water pricing in Malta, used for water Some progress has been made on reducing the ‘diesel supply fees for domestic, residential and non-residential differential’ (difference in the price of diesel versus water use. Self-abstraction of groundwater however is petrol) since 2005. In 2016 there was still a 16 % gap not subject to water supply tariffs 95 . between petrol and diesel tax rates, while in 2005 it was
26 % 98 . Excise tax rates for petrol and diesel in 2016
Little information is available on fossil fuel subsidies. increased compared to 2015 rates (EUR 0.55 per litre for Some subsidies for petrol and diesel remain in place. petrol and EUR 0.47 for diesel), although the rise was Post-tax subsidies (which include not only price-gap higher for diesel than for petrol 99 .
subsidies but also the negative externalities associated
with the use of fossil fuels, such as local air pollution, CO 2 -based motor vehicle taxes are in place. The Maltese faster climate change and congestion) added up to EUR vehicle registration tax system has built-in features that 10 million in 2015 96 . lowers the tax rate for electric vehicles with low CO2
emissions, besides the incentives to encourage the use of vehicles using alternative fuels such as LPG. The
93 Eurostat, Environmental tax revenues, 2018.
94 European Commission, Taxation Trends Report , 2017. 97 Eurostat, Environmental tax revenues, 2019.
95 Institute for European Environmental Policy, Case Studies on 98 European Environment Agency 2017, Environmental taxation and EU Environmental Fiscal Reform, Water pricing in Malta. environmental policies , p. 27.
96 European Parliament and IMF, Fossil Fuel Subsidies, 2017, pp. 10-11. 99 European Commission, Taxes in Europe Database , 2018.
Environmental Implementation Review 2019 – Malta
registration tax is calculated using emissions, while the Specific targets for 2012-2014 (10 %, 20 % and 30 % annual circulation tax is based on emissions and the respectively) were only partially met (in 60 % of cases in
vehicle’s age 100 . Incentives to encourage buying cars with 2012, 100 % in 2013 and 70 % in 2014) and there is no
lower CO 2 emissions were common in 2016, linked to official data from the national authorities from 2015 annual circulation taxes, road tolls, and congestion or low onwards. emission zone charges; but also to the acquisition of
cleaner vehicles. There are no incentives connected to Malta’s first national action plan was adopted in 2011. In the preferential use of public transport 101 . New vehicles 2015, a review of the plan was undertaken to assess how bought in Malta are among the most environmentallyit was being put into practice, which led to the second friendly in the EU, with average CO plan which is not yet finalised. Despite the plan action 2 emissions of 111.8 grams per kilometre, below the EU average of 118 grams plan has not yet been revised, guidelines are published in 2016 102 . online.
The use of alternative fuels in new cars sold in Malta is Malta has national green public procurement guidelines 107
emerging over the past few years. The share of new cars on the following products:
using alternative fuels was still low in 2016 (0.13 %) 103 . • Mandatory green public procurement: gardening
Most of these cars are electric vehicles, with little or no products and services; copying and graphic paper; implementation of the CNG or compressed natural gas textiles; office IT equipment; and cleaning products vehicles in the country. Tax for company cars is a cause and services.
for concern in Malta 104 . No new fiscal measures have •
been introduced for these types of cars in 2018 105 . Non-mandatory green public procurement: transport; furniture; food and catering services;
Green public procurement combined heat and power; street lighting and traffic signals; road construction and traffic signs; mobile
The EU green public procurement policies encourage phones; electricity; and construction works and Member States to take further steps to apply green other related products and services.
procurement criteria to at least 50 % of public tenders.
The European Commission is helping to increase the use The guidelines consist of one document of between 4
of public procurement as a strategic tool to support and 14 pages per product group, including the national green public procurement target, the date of the most
environmental protection. recent revisions, products covered and
The purchasing power of public procurement amounts to specifications/criteria and how to apply them. The MSDEC website includes a form to sign up for updates on
around EUR 1.8 trillion in the EU (approximately 14% of
GDP). A substantial proportion of this money goes to green public procurement
108 .
sectors with a high environmental impact such as In Malta an administrative procedure is in place whereby construction or transport. Therefore, green public all contracting authorities are required to complete a procurement (GPP) can help to significantly lower the green public procurement checklist before publishing a negative impact of public spending on the environment call for tender.
and can help support sustainable innovative businesses. Training for both procurers and business entities were
The Commission has proposed EU GPP criteria 106 . provided to supplement the first NAP and is expected to
remain a significant feature of the second NAP. The Institute for Public Services offers an ‘Introduction to
100 ACEA, CO green public procurement’ course
109 . The course 110 lasts
2 based motor vehicle taxes in Europe .
101 European Environmental Agency, Appropriate taxes and incentives for five hours and is targeted at senior and middle do affect purchases of new cars , 18 May 2018. managers, to introduce them to: the concept of green
102 European Environment Agency, Average CO2 emissions from new
passenger cars sold in EU-28 Member States plus Norway, Iceland and public procurement; EU background; national policy;
103 European Commission, Transport in the European Union Current
Trends and Issues , 2018, p. 94. 107 Ministry for Sustainable Development, the Environment and Climate 104 European Commission, Taxation of commercial cars in Belgium , Change, GPP Criteria.
2017, p. 3. 108 Ministry for Sustainable Development, the Environment and Climate 105 FleetEurope, Major changes to company car taxation in Europe . Change, GPP updates.
106 In the Communication ‘Public procurement for a better 109 , Institute for Public Services, Introduction to Green Public environment’ (COM (2008) 400) the Commission recommended the Procurement. creation of a process for setting common GPP criteria. The basic 110 The Institute for Public Services website, when checked on concept of GPP relies on having clear, verifiable, justifiable and 8 September 2018, did not have any confirmed future dates for the ambitious environmental criteria for products and services, based on a course, but did include an application form and contact details for life-cycle approach and scientific evidence base. queries.
Environmental Implementation Review 2019 – Malta
national achievements; the roles of different actors; implemented. They effectively addressed delays and monitoring and reporting; green public procurement in shortcomings in transposition of the EU acquis, thereby practice; and practical advice on how to green tenders. improving the quality and legality of relevant
investments. According to a 2017 European Commission
Environmental funding and investments study 116 , the water sector ex-ante conditionality "has
been a driver for many Member States to implement
European Structural and Investment Fund (ESIF) rules improvements in areas such as pricing policies […]’. More oblige Member States to promote environment and specifically, it has triggered amendments of the water climate in their funding strategies and programmes for pricing policies to the agricultural sector in Malta that economic, social and territorial cohesion, rural should provide incentives to farmers to use water development and maritime policy. resources more efficiently.
Achieving sustainability involves mobilising public and Figure 21: ESIF 2014-2020 – EU allocation by theme, private financing sources 111 . Use of the European Malta (EUR billion) 117
Structural and Investment Funds (ESIFs) 112 is essential if countries are to achieve their environmental goals and integrate these into other policy areas. Other instruments such as Horizon 2020, the LIFE programme 113 and the European Fund for Strategic Investments (EFSI) 114 may also support the implementation and spread of good practices.
According to the 2017 Special Eurobarometer 468 on attitudes of EU citizens towards the environment, 94 % of
Maltese support greater EU investment in environmental protection (EU-28 average being 85 %).
European Structural and Investment Funds 2014-2020
For the current programming period (2014-2020) Malta has been allocated up to EUR 828 million. This represents around 1 % of GDP annually for 2014-18 and 28 % of public investment 115 .
Cohesion Policy
At the end of 2016, Malta had implemented all environmental ex-ante conditionalities (subject to pending clarifications on consistency of water pricing in
the rural sector with the EU Water Framework Directive) In 2014-2020, Malta manages three operational which form part of the reforms package and policy programmes under the EU Cohesion Policy: one receives framework to be set in place for unlocking EU funds in funding from the European Regional Development Fund 2014-2020. (ERDF) and the Cohesion Fund, one receives funding from
The ex-ante conditionalities have been a powerful the ERDF within the framework of the SME initiative and incentive for Member States and regions to carry out one receives funding from the European Social Fund reforms that would have otherwise been delayed or not (ESF).
For the period 2014-2020, Malta has been allocated around 729 million EUR (current prices) in total Cohesion
111 See, for example, Action plan on financing sustainable growth Policy funding: 490.2 million EUR from the ERDF for (COM(2018) 97 ). transition regions (the entire country is classified as a
112 .e. the European Regional Development Fund (ERDF), the Cohesion
Fund (CF), the European Social Fund (ESF), the European Agricultural transition region); 217.7 million EUR through the
Fund for Rural Development (EAFRD) and the European Maritime and Cohesion Fund; 17 million for European Territorial
Fisheries Fund (EMFF). The ERDF, the CF and the ESF are referred to as the ‘cohesion policy funds’.
113 European Commission, LIFE programme. 116 European Commission (2017), The Value Added of Ex ante
114 European Investment Bank, European Fund for Strategic Conditionalities in the European Structural and Investment Funds,
Investments, 2016. SWD(2017) 127 final .
115 Public investment is defined as gross fixed capital formation + 117 European Commission, European Structural and Investment Funds investment grants + national expenditure on agriculture and fisheries. Data By Country.
Environmental Implementation Review 2019 – Malta
Cooperation. Of this, the ESF accounts for 21.6% of the agreements for EUR 45 million for projects under the allocation, for a total amount of 105.9 million EUR. Connecting Europe Facility 118 .
In terms of progress in the implementation of the Horizon 2020 projects, one project can be highlighted: a national water
campaign selected in November 2017 for a total value As part of the Europe 2020 strategy, which places EUR 21.2 million. The project aims at optimising the research and innovation (R&I) at the forefront of water resources management in the Maltese islands, Europe’s efforts to become a smart, sustainable and increasing the awareness on the vulnerability of water inclusive economy with high levels of employment, resources in the Maltese islands, and identify the optimal productivity and social cohesion, Malta has allocated
tools on how these resources. funds to both R&I infrastructure and measures to strengthen the links between academia and industry.
Rural development During the current programming period, this trend has
The total 2014-2020 Rural Development Programme been maintained and prospective investments will (RDP) budget for Malta amounts to almost EUR 130 continue to focus on R&I facilities and access to finance million, which marks a significant increase of around EUR for enterprises.
30 million compared with the 2007-2013 budget. The Malta has benefited from Horizon 2020 funding since the RDP support is co-financed by the European Agricultural programme started in 2014. As of January 2019, 43 Fund for Rural Development (EAFRD), which covers 75% participants have been granted a maximum amount of of the total budget, and the Maltese Government, which EUR 7.4 million for projects from the Societal Challenges covers the remaining amount. work programmes dealing with environmental
Rural areas account for 91% of the island's territory and issues
119 120 .
are home to 64% of the total population. There are no In addition to the abovementioned work programmes, lakes, rivers or mountains and all areas constitute a climate and biodiversity expenditure is present across the continuum from urban to rural. Maltese agriculture is entire Horizon 2020. In Malta, projects accepted for characterised by small fragmented holdings and by low funding in all Horizon 2020 working programmes until and irregular rainfall. December 2018 included EUR 6 million destined to
Water supply and diffuse water pollution from climate action (28.8 % of the total Horizon 2020 agriculture are critical issues for Malta, both currently contribution to the country) and EUR 2 million for and for the future, particularly in the context of biodiversity-related actions (9.5 % of the Horizon 2020 anticipated climate change and demographic pressures contribution to the country)
121 .
and challenges. The state of Malta’s water resources is Malta committed to achieve an ambitious level of 2 % of among the most stressed in the world. GDP spending on R&I by 2020. While Public R&D intensity
Malta's RDP is putting particular emphasis on actions rose from 19% in 2009 to 21% in 2017, business R&D related to restoring, preserving and enhancing spending is now in decline (40% in 2013 to 2015, 39% in ecosystems, resource efficiency and climate and 2016 and 34% in 2017). As a result, Malta is not on track improving the competitiveness of the farm and forestry to reach its national R&D intensity target.
sectors. It focuses notably on environment-friendly farm Malta was recommended to promote collaboration and investments and management procedures, with a knowledge-sharing between science and business to particular emphasis on quality of water. strengthen innovation and to improve the conditions for
European Maritime and Fisheries Fund doing business. Energy efficiency, sustaining the natural water supply, transport and mobility are examples of
Malta benefits from EUR 23 million under the European
Maritime and Fisheries Fund (EMFF).
118
The Connecting Europe Facility (CEF) European Commission, European Semester country report for Malta 2018 , p. 15.
The CEF is a key EU funding instrument developed 119 European Commission own calculations based on CORDA (COmmon
specifically to direct investment towards European Research DAta Warehouse) . A maximum grant amount is the maximum grant amount decided by the Commission. It normally corresponds to
transport, energy and digital infrastructure to address the requested grant, but it may be lower. identified missing links and bottlenecks and promote 120 i.e. (ii) Food security, sustainable agriculture and forestry, marine
sustainability. By the end of 2017, Malta has signed and maritime and inland water research and the bioeconomy; (iii)
Secure, clean and efficient energy; (iv) Smart, green and integrated transport; and (v) Climate action, environment, resource efficiency and raw materials. 121 European Commission own calculations based on CORDA (COmmon Research DAta Warehouse) .
Environmental Implementation Review 2019 – Malta
environment-related challenges Malta could address Figure 22: EIB loans to Malta in 2017 125
through smart management technologies. This was achieved through the following EU-funded projects: the twinning project FOWARIM, a research-capacity building project that aims at optimising the use of water for agriculture, by experts from across Europe sharing innovative approaches to water management with scientists and farmers to help conserve this scarce resource; and the MARIBE project that explores innovative ways to boost the offshore economy in the
Atlantic, Baltic, North Sea and Caribbean basins by identifying sectors where shared activities could offer economic and environmental benefits, and proposed match-ups for projects further offshore and the Big Hit
project through which researchers are looking at how to European Fund for Strategic Investments
overcome grid constraints for renewable energy One of Europe’s flagship projects to address the low provision and how to transfer the solutions to other levels of investments following the financial crisis is the regions. European Fund for Strategic Investments (EFSI). The
LIFE programme success of EFSI and the need for further investment in Europe has prompted EU legislators to extend EFSI up to
Since the launch of the LIFE programme in 1992, total of 31st December 2020 raising the investment target to 21 projects have been co-financed in Malta. EUR 500 billion.
To date, 2 projects are funded in Malta under the LIFE Malta currently ranks 28th in terms of EFSI-related programme 2014-2020 122 , both of which relate to investment triggered, relative to GDP. As of January “Conservation & biodiversity”. They both fall under the 2019, total financing under the EFSI in Malta amounts to “Environment” topic. The total budget of the two EUR 11 million and is set to trigger EUR 34 million in projects is around EUR 6.4 million, of which EUR 747 930 additional investments. Malta could benefit from the EFSI has been allocated by the EU as of 2018 123 . to invest more in environmental protection.
One of these projects taking place in Malta is the LIFE National Environmental Funding
Arċipelagu Garnija, aiming at securing the Maltese islands
for the Yelkouan Shearwater Puffinus yelkouan 124 . Malta spent EUR 101 million on environmental protection in 2016. 60 % of these payments were
European Investment Bank allocated to waste management activities (the average in
In 2017, the EIB Group (the European Investment Bank the EU is 49.7 %). EUR 22.2 million were allocated to and the European Investment Fund) invested EUR 30 waste water management (22% of total) and EUR 0.8
million in the Maltese economy. million to pollution abatement (0.8% of total). 18.2% of environmental expenditure was allocated to protection
The SME initiative, a joint financial instrument of the EC of biodiversity and landscape (EUR 18.4 million). Between and the EIB Group (the European Investment Bank and 2012 and 2016, the general government funding for European Investment Fund) which aims to stimulate SME environmental protection added up to EUR 620 million. financing by providing partial risk cover for SME loan portfolios of originating financial institutions, is under way in Malta. Malta’s contribution as part of its European
Structural and Investment Funds amounts to EUR 15 million and is expected, together with the resources from the other contributors, to generate more than EUR 60 million of new SME financing over the next few years.
122 EASME , LIFE programme 2014-2020 data hub.
123 Commission services based on data provided by EASME. 125 European Investment Bank, The European Investment Bank in Malta , 124 European Commission, LIFE Arcipelagy Garnija . 2017.
Environmental Implementation Review 2019 – Malta
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5.Strengthening environmental governance
on their 2016 implementation report 131 and their most
Information, public participation and access to recent monitoring data from 2017 132 . justice Figure 23: Access to spatial data through view and
Citizens can more effectively protect the environment if download services in Malta (2017)
they can rely on the three ‘pillars’ of the Aarhus
Convention:
(i) access to information;
(ii) public participation in decision making; and
(iii) access to justice in environmental matters.
It is of crucial importance to public authorities, the public and business that environmental information is shared efficiently and effectively 126 . Public participation allows authorities to make decisions that take public concerns into account. Access to justice is a set of guarantees that allows citizens and NGOs to use national courts to
protect the environment 127 . It includes the right to bring legal challenges (‘legal standing’) 128 .
Environmental information
Public participation The governance of environmental information for all the
datasets for Malta is centralised and published by MITA Public participation in environmental matters in Malta is (Malta Information and Technology Agency) 129 . Malta regulated mainly in the Environment Protection Act (Cap Spatial Data Infrastructure shares environment-related 549) as well as in sector-specific legislation and through a geospatial datasets for the country. There is also the number of pieces of subsidiary legislation. The Plans and Planning Authority 130 that creates and sends base spatial Programmes (Public Participation) Regulation S.L. data sets and plays a significant role in handling and 549.41)
133 is also of relevance.
publishing mostly non-environmental data. On the Public consultations on environmental permits are made content, the user can easily find State of Environment available on the industrial permitting pages of the Reports in the main portal and mostly all the information Environment & Resources Authority (ERA) website 134 , and needed for the main policy areas. Usability is adequate ongoing public consultations on policies, regulations, and facilities are provided to the user to ease the search plans and programmes on the ‘active public function, portals are multilingual and the whole consultations’ page 135 . In addition, the Planning Authority impression for the main investigated sites is satisfactory. website includes information about planning permissions Malta’s performance on implementing the INSPIRE and plans, including open consultations on policies and Directive is good. Performance has been reviewed based plans 136 . All government documents open for public
consultation are also published on the Ministry for European Affairs and Equality website 137 .
The Eurobarometer figures from 2017 show that for Malta there is very strong agreement (93 % of
126 The Aarhus Convention, the Access to Environmental Information respondents) that an individual can play a role in
Directive 2003/4/EC and the INSPIRE Directive 2007/2/EC together protecting the environment which is slightly lower than
create a legal foundation for the sharing of environmental information 2014.
between public authorities and with the public. This EIR focuses on
INSPIRE.
127 The guarantees are explained in Commission Notice on access to justice in environmental matters, OJL 275, 18.8.2017 and a related 131 INSPIRE MT country sheet 2017. Citizen’s Guide. 132 INSPIRE monitoring dashboard. 128 This EIR looks at how well Member States explain access to justice 133 Maltas Justice Services, Plans And Programmes (Public Participation) . rights to the public, and at legal standing and other major barriers to 134 ERA, Industrial Permitting . bringing cases on nature and air pollution. 135 ERA, Active Public Consultations . 129 MITA, The Malta Spatial Data Infrastructure portal. 136 Malta’s Planning Authority, Consultation . 130 Malta’s Planning Authority, Geoserver. 137 The Government of Malta, Public Consultations Online .
Environmental Implementation Review 2019 – Malta
NGOs to bring legal challenges on air pollution and
nature.
Compliance assurance
Environmental compliance assurance covers all the work undertaken by public authorities to ensure that industries, farmers and others fulfil their obligations to
protect water, air and nature, and manage waste 138 . It
includes support measures provided by the authorities,
such as:
(i) compliance promotion 139 ;
(ii) inspections and other checks that they carry out, i.e.
compliance monitoring 140 ; and
Access to justice (iii) the steps that they take to stop breaches, impose
Significant progress is needed to inform the general sanctions and require damage to be remedied, i.e. enforcement 141 .
public about effective remedies for individuals and Citizen science and complaints enable authorities to
environmental associations on access to justice in
environmental matters under Maltese and EU law. focus their efforts better. Environmental liability
142
Succinct information on access to justice is available on ensures that the polluter pays to remedy any damage.
the ERA (Environment and Resources Authority) website. Compliance promotion and monitoring
It includes also two Guidance Notes on the Aarhus
Convention produced in 2008 so much of the information The quality of online information to farmers on how to found there is out of date. Therefore, structured and comply with obligations on nitrates and nature is an user-friendly online information, available should be indicator of how actively authorities promote compliance ensured by public authorities. in areas with serious implementation gaps. Official
websites in Malta provide some useful information for
Both individuals and NGOs have access to administrative farmers in relation to fertilizer traceability, nutrient procedures, although NGOs must be registered as management plans, record keeping 143 , etc. Whilst this
objectors, i.e. they must have registered an objection
against a permit. On judicial procedures, there is a information is relatively easy to access, it does not seem to provide detailed explicit information on concrete
general right of access to justice for any ‘interested party’
to ask the courts to review the validity of an act by the farmer obligation and how to comply with them.
public sector or the breach of any law. Individuals must Major industrial installations present serious pollution prove a direct interest, e.g. by being a registered objector risks. Public authorities are required to have plans to for a planning permit or a consulted/identified inspect them and to make individual inspection reports stakeholder under the EIA Regulations. NGOs have access available to the public 144 . However, except some data on to judicial procedures only under EIA and IPPC, and the number of inspections carried out 145 , information about right of access to information to review a decision. NGOs such plans and reports is missing from official websites in that promote environmental protection and meet Malta.
national legal requirements qualify as a person with
‘sufficient interest’. It is not clear whether NGOs will have Citizen science and complaint handling
legal standing to bring legal challenges in nature and air pollution cases.
138 The concept is explained in detail in the Communication on ‘EU
2019 priority actions actions to improve environmental compliance and governance’
COM(2018)10 and the related Commission Staff Working Document,
• Improve access to spatial data and services by SWD(2018)10 . making stronger linkages between the country 139 This EIR focuses on the help given to farmers to comply with nature
INSPIRE portals , identify and document all spatial and nitrates legislation. 140 This EIR focuses on inspections of major industrial installations.
datasets required to implement environmental law, 141 This EIR focuses on the availability of enforcement data and coand
make the data and documentation at least ordination between authorities to tackle environmental crime.
accessible 'as is' to other public authorities and the 142 The Environmental Liability Directive 2004/35/EC , creates the
public through the digital services envisaged in the framework. 143 The Government of Malta, Record keeping pertinent to the Nitrates
INSPIRE Directive. Directive ; Nature Permits .
• Better inform the public about their access to justice 144 Article 23, Industrial Emissions Directive, 2010/75/EU . rights, notably on air pollution and nature and 145 ERA, Annual Report 2016 , p28.
ensure that there is legal standing for environmental
Environmental Implementation Review 2019 – Malta
Engagement of citizens, including through citizen science, publicly available information has been found on official can deepen knowledge about the environment and help websites in Malta 154 . the authorities in their work. The added value of citizen engagement, use of citizen science 146 and earth Environmental liability observation 147 tools for environmental (compliance)
monitoring is well recognised in Malta. The availability of The Environmental Liability Directive (ELD) establishes a clear online information about how to make a complaint framework based on the ‘polluter pays’ principle to is an indicator of how responsive authorities are to prevent and remedy environmental damage. The 2017 complaints from the public. The ERA website includes a EIR focused on gathering better information on general ‘Enquiries’ link 148 with an email address and environmental damage, on financial security and on phone numbers for people to ask for further information establishing guidance. The Commission is still collecting or submit a query 149 . This includes a phone number to evidence on the progress made.
report environmental emergencies even after office 2019 priority actions
hours. The MSDEC website includes a link on the
homepage to the Servizz website, which is an online • Better inform the public about compliance
guide to government services 150 . This includes an option promotion, monitoring and enforcement. As a to file a complaint 151 via a generic online form. There minimum this should involve providing more online does not appear to be any specific separate route for information to farmers about how to comply with filing a complaint about environmental nuisance or obligations on nitrates and nature.
damage. • Similarly, it should involve publishing more online
information on inspection plans and reports on
Enforcement industrial inspections, publishing information on
outcomes of enforcement action and of the follow
When monitoring identifies problems, a range of up to detected cross-compliance breaches on responses may be appropriate. Detailed officially nitrates and nature. published information is missing for Malta on the issue of • Ensure more information on how professionals warnings, sanctions and compliance after follow-up dealing with environmental crime work together. measures and enforcement action has been taken 152 . • Improve financial security for liabilities and ELD- According to some online available literature, the use of guidance and publish information on environmental criminal and administrative sanctions for environmental damage.
crime is very limited in Malta 153 . From information
available to the Commission, measures have been taken
to strengthen enforcement such as special police forces Effectiveness of environmental
to enforce hunting and trapping derogations. However, administrations
the number of complaints reporting illegalities questions Those involved in implementing environmental the effectiveness of the resource allocation. Information legislation at EU, national, regional and local levels need on responses to cross-compliance breaches on nitrates to have the knowledge, tools and capacity to ensure that and nature is also lacking. the legislation and the governance of the enforcement
Tackling waste, wildlife and other environmental crimes process bring about the intended benefits.
is especially challenging and requires close cooperation
and coordination arrangements between inspectors, Administrative capacity and quality
customs authorities, police and prosecutors. No relevant According to the 2016 ERA Annual Report, the number of
staff almost doubled by the end of 2016, to 161 in total up to 190 by June 2018. This included increasing the
146 For example, the ERA website refers to a successful marine litter number of staff in the Permitting Unit to help address a clean up initiative organised by Let’s Do It Malta in association with backlog of cases 155 , with additional increases envisaged MEPA and involving over 1 000 volunteers in the Maltese Islands. by 2019.
147 Times of Malta (2016), Malta to form part of European earth
monitoring system , Thursday 10 November 2016, Since there are no specific environmental courts, there is
149 ERA, the e-mail address info@era.org.mt can be used when the no data on judges that specialise in environmental cases.
public wishes to report an illegality or infringement or a compliant,
150 The full name of the website is servizz.gov.mt. 154 However, Malta indicates that regular cooperation and coordination 151 The Government of Malta, file a complaint. take place in practice between Customs, ERA, Police, Plant Health, in 152 The ‘environment enforcement’ page of the MSDEC 152 is only particular in relation to the CITES Regulation. accessible using a login (which Maltese citizens can apply for). 155 Environment & Resources Authority, (2018), Annual Report 2016, p. 153 GħSL Online Law Journal, environmental crimes reference to Malta 25.
Environmental Implementation Review 2019 – Malta
In an effort to enshrine environmental protection in the decisions and related follow-ups. In that respect, the Constitution, in March 2018, the Maltese Environment issuing by ERA of Terms of Reference for the preparation Minister proposed a constitutional amendment to of Method Statements and Operating Procedures to introduce a ‘strong moral and political obligation’ for the guide applicants, architects, developers, contractors, government to favour policy to preserve the consultants and other responsible persons or entities environment for future generations. The Bill would flesh during construction works and other site interventions, out Article 9 of the Constitution to read: ‘The State shall to avoid and mitigate environmental impacts is useful. protect the environment for the benefit of present and future generations and shall take measures to address Adaptability, reform dynamics and innovation the problem of pollution and any other form of (eGovernment) environmental degradation in Malta, and to promote the
right of action in favour of the environment.’ If the Bill is Overall, Malta ranks 12th in Digital Public Services
159
,
adopted, the Maltese government intends to work to above the EU average, but the indicators in this index create an environmental court to be tasked with deciding show a mixed picture.
legal matters related to the environment 156 . Malta is a European leader on the supply of government
services for citizens. It ranks first on the re-use of Coordination and integration information across administrations to make life easier for
As mentioned in the 2017 EIR Report, the transposition citizens (pre-filled forms) as well as on the sophistication of the revised EIA Directive 157 provides an opportunity to of services (online service completion), where it has the streamline the regulatory framework on environmental maximum score
160 . In the DESI Report 2018, Malta had a
assessments. Despite a delay in full transposition in score of 62 out of 100 on digital public services, higher relation to the deadline (May 2017), Malta has than the EU average of 58
161 . However, the use of
transposed the revised Directive. eGovernment and eHealth by citizens as well as Open
data is below the EU average. The Commission encourages the streamlining of the
environmental assessments in order to reduce In 2017, Malta continued to improve the digital public duplication and avoid overlaps in environmental service user experience. As part of the mobile assessments applicable to project s . Moreover, government strategy, the first wave of applications has streamlining helps reducing unnecessary administrative been launched focusing on extending and burden and accelerates decision-making, without complementing the existing communication channels compromising the quality of the environmental between the government and citizens, targeting a variety assessment procedure. 158 Malta has introduced of services, such as taxation, customs, health and
coordination of environmental assessments under EIA environmental services 162 .
and Habitats Directives. Malta is developing a national data strategy. As part of The demerger of the former Malta Environment and the strategy, the National Data Infrastructure will be set Planning Authority (MEPA) in two distinct, namely the up to ensure that the once-only principle will be Environment and Resources Authority (ERA) and the implemented at national level.
Planning Authority was meant, notably, to facilitate the
integration and mainstreaming of environmental The continuous improvements in digital public management and policy across Government and society. services are key to ensure that more and more
In the light of the growing pressure on land from building citizens and companies benefit from eGovernment.
development in Malta, coordination and integration of
policies is all the more important to avoid and reduce Enabling financing and effective use of funds
adverse environmental impacts and to integrate Malta utilised fully the EUR 987 million allocation for the environmental considerations in development planning 2007-2013 period. As previously mentioned in Section 4,
25% of this amount was devoted to environmental
156 Malta Today, Government presents motion to entrench
Constitutional protection of environment . 159 European Commission (2017), Europe’s Digital Progress Report
157 Directive 2014/52/EU of the European Parliament and of the Council (EDPR) 2017 Country Profile Malta. of 16 April 2014 amending Directive 2011/92/EU on the assessment of 160 European Commission, Digital Economy and Society Index 2018, the effects of certain public and private projects on the environment. Country Profile Malta .
158 The Commission issued a guidance document in 2016 regarding the 161 European Commission, Digital Economy and Society Index Report setting up of coordinated and/or joint procedures that are 2018, Digital Public Services . simultaneously subject to assessments under the EIA Directive, Habitats 162 Malta Information Technology Agency has also contributed with the Directive, Water Framework Directive, and the Industrial Emissions launch of ‘Maltapps to enhance the visibility and access of Government Directive, OJ C 273, 27.7.2016, p. 1. mServices and improving public service user experience.
Environmental Implementation Review 2019 – Malta
investments, although the initial planned allocation was considerations notably in development planning 35 %. decisions and related follow-ups.
•
The analysis of the implementation per Fund presented There should be clear and transparent processes for
by Malta in its 2017 annual implementation report for the authorisation of permits, facilities and activities ESIF shows that at the end of 2017, in terms of that have impact on the environment.
commitments, 50%, or EUR 358 million, of the
Programme was committed 163 . In terms of contracting, International agreements
the amounts are still low given that by the end of the The EU Treaties require the EU environmental policy to year in review, many projects were still at their very promote measures at international level to deal with initial stages of implementation. In fact, by end 2017, regional or worldwide environmental problems.
EUR 107 million or 30% of the committed programme
allocation was contracted. It is stated that the initial slow The EU is committed to strengthening environmental law financial progress is not new and has already been and its implementation globally. It therefore continues to experienced in previous programming periods. In that support the Global Pact for the Environment process, respect, it is explained the country’s size, both in terms of which was launched by the United Nations General market size but also in terms of the size of the Assembly in May 2018 167 . The EIR is one of the tools to administration, can have a significant impact on the ensure that the Member States set a good example by speed of the implementation of an Operational respecting European Union environmental policies and Programme. laws and international agreements.
In terms of enabling financing and the absorption of Malta has signed but not yet ratified the Offshore funds, it appears the MSDEC hosted a LIFE information Protocol of the Barcelona Convention and the Protocol session in Malta in May 2018 to provide information on on Integrated Coastal Zone Management.
the 2018 LIFE calls, guidance on how to submit an e
Proposal and to offer potential applicants an opportunity Neither has it signed or ratified three agreements under to ask questions. The MSDEC website also includes the Convention on Long-range Transboundary Air information on an Environmental Funding Support Pollution: the Gothenburg Protocol to Abate Scheme for Voluntary Organisations 164 , although the Acidification, Eutrophication and Ground-level Ozone; latest information (e.g. funding guidelines and the Persistent Organic Pollutions Protocol and the Heavy application form) date from 2016. Metals Protocol. The same applies to Protocol on SEA to
Espoo Convention, the Helsinki Convention on Industrial
The Malta Council for the Voluntary Sector website 165 Accidents, the African-Eurasian Migratory Waterbird includes information on both EU and local funding Agreement, the Kiev Protocol on Pollutant Release and opportunities relevant to the voluntary/NGO sector. This Transfer Registers, the Helsinki Convention Watercourses includes the results of the 2017 round of funding under and Lakes and the International Convention for the the Environmental Funding Support Scheme for Regulation of Whaling.
Voluntary Organisations 166 .
Forests: EU Timber Regulation (EUTR) 168 / Forest Law
2019 priority actions Enforcement, Governance and Trade (FLEGT)
• Further improve overall environmental governance Regulation 169
(such as transparency, citizen engagement, Under the European Timber Trade Regulation (EUTR) compliance and enforcement, as well as which prohibits the placing on the EU market of illegally administrative capacity and coordination). harvested timber, national competent authorities must
• In particular, strengthen environmental enforcement conduct regular checks on operators and traders, and
overall, notably by ensuring that the Environment apply penalties in case of non-compliance. and Resources Authority has operative remits to
effectively avoid and reduce adverse environmental Between March 2015 and February 2017, Malta did not
impacts and to integrate environmental plan nor perform checks on operators for domestic timber, reporting they have no operators for domestic
timber. However, nine checks were conducted on 163 Fostering a competitive and sustainable economy to meet our operators importing timber. It is estimated that there are
challenges, annual implementation report, 25.5.2018, p. 5.
164 Ministry for Sustainable Development, the Environment and Climate
Change, Environmental Funding — Support Scheme for Voluntary
Organisations . 167 UN General Assembly Resolution 72/277 and Organizational session 165 Malta Council for the Voluntary Sector, Funding Opportunities . of the ad hoc open-ended working group .
166 Malta Council for the Voluntary Sector, (2017), Projects Ranking Call 168 Regulation (EU) No 995/2010 i .
2017. 169 Regulation (EC) No 2173/2005 .
Environmental Implementation Review 2019 – Malta
750 operators importing timber to Malta. Malta has not 2019 priority action
yet issued penalties nor taken enforcement actions
against operators who have infringed their legal • Become party to relevant multilateral environmental
obligations under the EUTR. agreements by signing and ratifying the remaining
agreements. On cooperation (Article 12 of the EUTR), Malta reported cooperating with multiple unspecified competent
authorities by exchanging information and technical Sustainable development and the
support. Malta has also been involved in building up a implementation of the UN SDGs
regional network for Mediterranean countries. Sustainable development links environmental, social and
In that respect, experts from the EUTR competent economic policies in a coherent framework and therefore authority participated in a TAIEX-EIR PEER-to-PEER helps to implement environmental legislation and workshop in order strengthen cooperation among the policies.
competent authorities from eight Mediterranean EU According to the Maltese government, the concept of Member States, including Malta, so as to improve and sustainable development is at the heart of Malta’s harmonise implementation of the EUTR in the economic, social and environmental development. Malta Mediterranean region. Experts from the Netherlands and has also embraced the 2030 Agenda. The government is Denmark shared their experiences from the Nordic-Baltic currently drafting Vision 2050, a document that will Network of EUTR competent authorities. provide guidelines on long-term sustainable development
Genetic resources: Nagoya Protocol on Access to in Malta, while integrating the 2030 Agenda by Genetic Resources and the Fair and Equitable Sharing of mainstreaming sustainable development at all levels of Benefits Arising (ABS) 170 government.
In accordance with the EU ABS Regulation, which In 2018, Malta submitted its voluntary national review transposes into the EU legal order the required (VRN) on the implementation of the UN SDGs. The VNR compliance measures under the Nagoya Protocol, Malta states that SDG ownership is being increased through a has designated competent authorities and enacted ‘whole-of-government approach’.
sanctions for infringements of the EU ABS Regulation. No The National Platform of Maltese NGOs (SKOP) is working due diligence declaration has so far been submitted and to increase awareness and establish communication no penalties have been applied. Malta has submitted between local NGOs and the public sector on their first report to the Commission on the development-related issues.
implementation of the EU ABS Regulation (end of 2017). In a 2017 report 173 , Malta ranked 22nd out of 157
International wildlife trade: the Convention on countries for its achievements towards the UN SDGs. International Trade in Endangered Species of Wild Significant environment-related challenges identified in Fauna and Flora (CITES) 171 the report relate to:
Pursuant to the obligations laid down in the Basic • SDG 6: Freshwater withdrawal and imported Regulation 172 , transposing the major obligations groundwater depletion. stemming from the Convention on International Trade in • SDG 7: CO 2 emissions from fuel combustion /
Endangered Species of Wild Fauna and Flora (CITES) into electricity output.
EU law, Malta has established relevant national • SDG 11: Particulate matter. authorities and is processing (requests for) import, (re-) • SDG 12: Municipal solid waste generation, net export and intra-EU trade documents on a regular basis. imported SO 2 emissions, reactive nitrogen
Reports on seizures of illegal shipments, in particular production footprint.
those reported every six months to TRAFFIC under its • SDG 15: Red List Index of species survival.
contract with the Directorate-General for Environment of Major challenges relate to:
the European Commission and those exchanged through
the EU-TWIX platform, testify to the activity of customs • SDG 12: E-waste generation, production based SO 2
authorities. emissions, net imported emissions of reactive
nitrogen.
• SDG 13: Energy-related CO 2 emissions. • SDG 14: Clean marine waters, fisheries ocean health.
170 Regulation (EU) No 511/2014 .
171 The Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) . 173 Bertelsmann Stiftung and Sustainable Development Solutions
172 Council Regulation (EC) No 338/97 . Network (2017), SDG Index and Dashboards Report 2017.
| 15 Apr '19 |
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life COVER NOTE |
Secretary-General of the European Commission 8302/19 |
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