Updated | Denial from OPM over EC court action on Marsa emissions

The Office of the Prime Minister Lawrence Gonzi has denied telling MaltaToday that the European Commission will be taking Malta to the European Court of Justice over the level of emissions from the Marsa power station, when asked about the imminent action earlier in the day.

The OPM said the prime minister was referring to a reasoned opinion that was issued six months ago by the EC in June 2012 - the second step in an infringement procedure - but that the Maltese government was not informed that Brussels would be taking Malta to the ECJ.

MaltaToday specifically asked the prime minister whether he confirmed that the European Commission would open legal proceedings.

While the prime minister neither denied, nor confirmed court action, Gonzi also referred to the fact that the interconnector project would be in operation later than expected in 2014.

"We told the Commission... look, it's taking longer than we wished for, we wanted to do it earlier, but there were circumstances out of our control. But yes, I confirm that the EC said it would take steps against us.

"I hope these steps will not start, and that the EC will wait for some more time until the end of the year or the start of 2014, because the cable will be then operational."

MaltaToday understands that Lawrence Gonzi's answers were easily interpreted as a confirmation of the pending court action, and not specifically that he was referring to the reasoned opinion of June 2012.

This newspaper is reliably informed that Brussels has doubts as to whether the interconnector will even be operational by the end of 2013, a fact that has prompted taking further steps against Malta for not having decommissioned the Marsa power station.

The Marsa power plant was brought back into operation in 2012 due to a delay in bringing the Delimara plant online, in violation of the Large Combustion Plants Directive, the scope of which is to protect human health by limiting harmful emissions.

The government initially failed to reply to a letter of formal notice sent on 28 February 2012 within the stipulated two-month period. The formal notice is the first stage in a process that may lead to the Commission pursuing litigation.

Earlier today, MaltaToday revealed that the European Commission was preparing to take Malta to the European Court of Justice over the emissions from the Marsa power station, after having issued a warning back in February 2012.

A government source privy to EU policy affairs said Brussels was mulling court action six months after having sent a reasoned opinion to Malta calling on the government to comply on industrial emissions.

The case relates to the government's delay in closing down the Marsa power plant, which is still being operated because it still provides a portion of Malta's energy demands.

The Commission is expected to say that Malta has "failed to protect citizens from noxious air pollution from a major power plant."

Until late yesterday, however, the only comment from a spokesperson for the Environment Commissioner Janez Potocnik was: "No decision has been taken yet on the possible follow-up to the reasoned opinion."

Back in June 2012, the Commission said it was concerned that Malta had not yet closed the power station, issuing a reasoned opinion to the government - the second step in an infringement notice issued by Brussels.

Under the Large Combustion Plants Directive, Marsa's four combustion plants were not supposed to exceed a 20,000-hour limit between 2008 and 2015, but all four plants went over that ceiling in 2011. The plant will have to be decommissioned by not later than 2015 - in the meantime, Enemalta pays a daily fine to MEPA for operating the power station, due to its emissions.

The power station produces 45% of Malta's electricity, but MaltaToday is informed that the Commission has been told that the Malta-Sicily interconnector will not be ready in time for the Marsa power station to be closed down by 2013.

Six months ago in June, the EC claimed that Malta was "failing to protect its citizens from pollution emitted by the Marsa power station."