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James Debono
European Commission sources have confirmed that the controversial amendments undertaken last year to the structure plan, whereby development zones were increased by 2.3 per cent, were in breach of the European Union’s directive on Strategic Environmental Impact Assessments (SEA).
The European Commission (EC) commenced infringement procedures against Malta following a nine-month investigation commenced in June 2006, after a series of questions sent by MaltaToday.
On Thursday, official EC sources confirmed that the Commission has sent a “letter of formal notice” to Malta on Wednesday.
“We can confirm that the Commission has sent a letter of formal notice to Malta yesterday. The case concerns amendments to development zones under the Structure Plan for Malta without undertaking a strategic environmental assessment. This is in breach of the SEA Directive,” an EC official told MaltaToday.
This frank declaration contrasts sharply with a report by Ivan Camilleri published in The Times on Friday, which minimised the importance of the infringement procedures commenced by the Commission.
Camilleri quotes EC sources as saying that the sending of a formal notice “is just for information purposes, and we have not yet taken a decision as to whether the extensions exercise is in breach of EU law. We will now await the Maltese response and take it from there.”
But explaining the procedure to MaltaToday, the Commission spokesman said that a letter of formal notice is sent to a member state “whenever the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure.”
This written warning to the Member State is considered the first stage of the infringement procedure. Malta has in fact already been through this process with regard to the issue of spring shooting. As on that occasion, the government have been given two months to submit its formal reply.
Commission sources told MaltaToday that “it is important that the Maltese authorities take into account the provisions of the SEA Directive in order to fully assess any potential environmental impact of the proposed changes.”
According to the Commission, the directive “contributes to more transparent planning by involving the public and by integrating environmental considerations at an early stage.”
In July, the government asked the SEA Audit Team for an “independent opinion” on the controversial proposal, which had already prompted a backlash of criticism from environmentalists. The Audit Team returned the verdict that an SEA would not be feasible, and the motion was duly passed by parliament later that month.
But the independence of the SEA Audit Team has since been questioned, as its chairman, Chris Ciantar, also occupies the role of director of environment policy within the Ministry for the Environment.
Nine months after starting its investigation, the European Commission has initiated infringement procedures against Malta. But despite the warning, the government is sticking to its guns.
A spokesman for Minister George Pullicino told MaltaToday that the rationalisation process was initiated way back in 1991, well before July 2004 when the SEA Directive came in to effect.
According to the government the process had already gone through a series of consultation processes that yielded considerable requests to include land.
“The process had reached a stage when it was not feasible to carry out a strategic environmental assessment.”
The Maltese government has two months to reply to the Commission’s letter. If the reply proves unsatisfactory the Commission would issue a “Reasoned Opinion” which is considered as a final written warning to the Member State.
If Malta fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice, which can also impose a financial penalty on Malta.
jdebono@mediatoday.com.mt
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