Commission launches new infringement proceedings against Malta for failing to abide by EU Noise Directive

In the case of Malta, the Commission had decided to open infringement proceedings against for its failure to fulfil its obligations under Directive 2002/49/EC relating to the assessment and management of environmental noise.

Malta had failed to draw up strategic noise maps in terms of the EC noise directive. The Noise Directive set out a common approach to avoid, prevent or reduce the harmful effects of exposure to environmental noise. Under the Directive, Member States were obliged to measure environmental noise using a standard methodology and standard indicators to draw up strategic noise maps for major urban agglomerations, roads, airports and railways.

The proceedings against these Malta and the other nine countries were at the second stage of the infringement procedures against Malta and the other countries. The other nine Member States had been given two months to respond to the Commission’s requests, which take the form of “reasoned opinions” sent to each Member State under EU infringement procedures.

In the case of Malta, the deadline for the Maltese Government to respond has been shortened to one month. In the absence of satisfactory responses from the Member States concerned, the Commission would refer them to the EU's Court of Justice in Luxembourg.

The cases fell into three different categories – non-communication, that is, the failure to adopt EU legislation at national level; non-conformity between national legislation and the requirements of EU legislation; and bad application and failure to properly apply the requirements of EU legislation.

On its part, the Maltese Government, claimed in a telegraphic statement issued later in the day that on 30 March 2010, Malta had informed the Commission that a contract for consultancy and field surveys needed to implement the provisions of the EU Noise Directive in Malta had been awarded.

Meanwhile, the contract implementation had commenced and was “intended to make Malta fully compliant with the obligations under Directive 2002/49/EC by the second quarter of 2011”, the Maltese Government added. In spite of the shorter deadline, the Maltese Government pledged that it would reply to the Commission’s reasoned opinion “within the stipulated deadline.”