Brussels flags problems with Malta’s implementation of EIA rules

The European Commission announced yesterday that it had notified Malta of its intention to pursue legal action over the manner in which the country is implementing the EU’s regulations on Environmental Impact Assessments (EIA).

An EIA is a systematic process that identifies and analyses likely environmental impacts of a proposed development.

The Commission has urged Malta to bring its national legislation in line with the new EU impact assessment law, which ensures that public and private projects are assessed for their impact on the environment before authorisation.

Responding to the notice, the Environment Ministry said that it would be evaluating and analysing the matters raised by the Commission.

“[The ministry] will be undertaking a detailed evaluation and analysis the points raised in the formal notice that was sent on 25 July 2019, regarding the transposition of the latest changes made the Environmental Impact Assessment,” it said in a statement.

The ministry added that the points were being raised by the Commission two years after Malta concluded a “detailed transposition process”.

“The Maltese government is committed to the continued safeguarding and strengthening of mechanisms related to environmental protection, and will therefore, after an evaluation and analysis, be submitting a holistic reaction to the matters raised by the European Commission through the legally established process.”

Malta was one of three countries which had received warnings regarding this matter. Estonia and Hungary were the other two.

With regard to Malta, the commission flagged, among other issues, the “incorrect enactment of public information and consultation requirements”, and “incorrect national provisions of requirements on the content of development consent”.

Malta has been given two months to reply to the arguments raised by the Commission.

If the Maltese government’s reply to the formal notice is not satisfactory, the Commission may send a formal request to comply with EU law and which Malta will have a further two months to comply with.

In the eventuality that this does not happen, the Commission may take the matter to the European Court of Justice.