The Maltese NGOs welcome the government's
initiative to set up the necessary mechanisms to implement the
acquis, in the form of
[1] The Malta Resources Authority that is responsible
for securing and regulating the conservation of water as a resource.
It will be regulating, monitoring and licensing all practices,
operations and activities relating to water. It provides for
the regulation of the treatment, storage, disposal, use or re-use,
as appropriate of sewage, waste-water, sludge and storm water
run-off, the provision of adequate systems of public sewerage,
the re-use of treated effluent and the proper and fit disposal
of sewage. It is hoped that the Government will significantly
strengthen the Malta Resources Authority in order to ensure that
it actively contributes to the safeguarding of water resources.
The Environmental Protection Authority,
another autonomous body, which will be set up by the third quarter
of 2001, and will be responsible for implementing most of the
environmental acquis. This authority will have the licensing
and enforcing powers for water quality.
A Sewerage Master Plan that has been drawn up and is currently
being implemented. The Maltese NGOs believe that the only criticism
that can be directed towards the Sewerage Master Plan is the
delay in its implementation. The Plan was drafted in 1992 and
only parts of it have been implemented to date.
Upgrading the human resource capacity
of the Drainage Department by recruiting additional scientific
and technical personnel by the fourth quarter of 2002; and of
the environmental health branch by the second quarter of 2002.
It is our opinion that the Drainage Department should form part
of the Water Services Corporation. It is inconceivable how Malta
can aspire to have an integrated water management programme when
the two major players fall under different ministries. The current
situation leads to a number of 'grey' areas for which no department
or corporation is directly responsible. Storm water management
and the re-use of treated effluent are such examples.
[2] The Maltese NGOs' BELIEVE and insist that the state
of water resources and aquatic ecosystems be monitored and that
the results be made accessible to the Maltese public. We request
that the pertinent authorities make public how this monitoring
will take place. This is in line with the Aarhus Convention to
which Malta is signatory. We also insist that Local Councils
should be involved in water quality control in their locality.
[3] The Maltese NGOs welcome the government's decision
to transpose and enter into force:
a. Directive 93/481/EEC on sewer discharge control regulations,
(formats for the presentation of national programmes as foreseen
by Article 17 of Directive 91/271/EEC) through the amendments
to the sewer discharge control regulations till the fourth quarter
of 2001. Although this Directive has been transposed into Maltese
legislation though Legal Notice 8 of 93, the regulations are
largely ineffective as enforcement and monitoring is very limited.
The recruitment of additional scientific and technical personnel
is a must.
b. Directive 91/676/EEC (protection
of waters against pollution caused by nitrates from agricultural
sources) by the fourth quarter of 2001 and the action programme
by the end of 2002.
c. The following directives regarding
the discharge of dangerous substances into the aquatic environment:
Directive 82/176/EEC (mercury discharges by the chlor-alkali
electrolysis industry); Directive 83/513/EEC (cadmium discharges);
Directive 84/156/EEC (mercury discharges by sectors other than
the chlor-alkali electrolysis industry); Directive 84/491/EEC
(discharge of hexachlorocyclohexane); Directive 86/280 (discharges
of certain dangerous substances included in List 1 of the Annex
to Directive 76/464/EEC); Directive 88/347/EEC (amending Annex
II to Directive 86/280/EEC) and Directive 88/347 and Directive
90/415 (amending Annex II to Directive 86/280/EEC) by the fourth
quarter of 2001.
d. Directive 76/160/EEC (bathing
water) by the fourth quarter of 2002 through subsidiary legislation
in the Public Health Act.
e. Directive 98/83/EEC (quality
of water intended for human consumption), except for the requests
in Section C (see 4c), by the fourth quarter of 2002 through
subsidiary legislation in the Public Health Act.
f. Directive 75/440/EEC (quality
required of surface water intended for the abstraction of drinking
water; Directive 77/795/EEC (exchange of information on the quality
of surface fresh water) and Directive 79/869/EEC (measurement
and frequencies of sampling and analysis of surface water) by
the third quarter of 2001.
g. Directive 80/68/EEC (protection
of groundwater against pollution caused by certain dangerous
substances) by the second quarter of 2002. The Maltese NGOs
call for caution since this directive was not transposed accurately
into national law by most member states. This directive obliges
member states to prevent the input of certain pollutants into
ground water. Therefore the Maltese NGOs demand that the government
actually determines and publishes the list of relevant substances
to make the implementation of the directive more transparent
(e.g. the list of United Kingdom has 79 substances).
h. Directive 78/659/EEC (quality
of fresh waters needing protection or improvement in order to
support fish life) and Directive 79/923/EEC (quality required
of shellfish waters) by the third quarter of 2001.
[4] The Maltese NGOs DISAGREE:
a. That a six year transitional period was requested for
Directive 91/271/EEC (urban waste-water treatment) to allow the
completion of the construction of waste-water infrastructure.
The Maltese NGOs disagree with this transitional period believing
that further deterioration to the quality of water in the Maltese
Islands will occur during the time lapse. At present over 80%
of our sewage is being pumped into the Mediterranean Sea, an
activity that is detrimental:
i. to marine life
ii. to the health of the Maltese population
who swim in this sea
iii. our economy, through the negative impact
on tourism
b. That a six year transitional
period was requested for Directive 76/464/EEC (pollution caused
by certain dangerous substances discharged into the aquatic environment)
to allow industry to meet the sewage disposal parameters of this
Directive. It is not acceptable to the Maltese NGOs that industrial
waste is pumped into the sea, and rather than give a transitional
period to industry, the polluter pays principal should be applied
with immediate effect.
c. That a three year transitional period was requested
for Directive 98/83/EEC (quality of water intended for human
consumption) with regards to the application of Annex I Part
B on nitrate and fluoride and Part C on conductivity, chloride,
sodium, sulphate and iron. The NGOs do not understand how the
government is ready to ask for a transitional period on water
quality intended for human consumption when this is directly
affecting the health of the Maltese population.
d. That a one year transitional
period was requested for Directive 96/61/EEC (Integrated Pollution
Prevention and Control) due to the transitional periods being
requested under Water Quality.
The Maltese NGOs support the Maltese government's request to
be eligible to Structural and Cohesion Funds which will be used
in those areas for which transitional periods are being requested,
among them water quality. The Maltese NGOs insist that these
funds will be made available before accession since this will
have a direct bearing on the length of the transition periods
requested.
We suggest that besides reducing the transitional period:
a. The price of water reflects the real cost of water since
otherwise, the consumer (households and industry) will not be
motivated to use machinery or white goods that use less water.
Furthermore, with the present system, where the price does not
reflect the cost, consumers refrain from repairing leakages and
faults and are wasting more water since they consider it a "free"
good. Sound water pricing would lead to more efficient water
use and demand management. Besides, it must be reminded that
at present, less than 20% of urban wastewater is being treated
so the sooner the rest of the wastewater is treated, the better
as this will increase the supply. However, second-class water
should be priced, distributed and used with the same diligence
as normal water. We suggest the establishment of a sub-committee
within the Malta Resources Authority to devise a strategy for
the maximum and efficient use of treated sewage effluent, once
this water resource becomes widely available.
b. That the infrastructure of water
distribution be immediately repaired to limit the excessive amount
of water that is lost during distribution
c. That the pertinent authorities
ensure that everyone pays for the water they consume in view
of abuse by consumers (both normal water and second-class water).
It is suspected that a number of households/farmers/industries
do not pay what is due for their water due to faulty meters and
abuse. The NGOs demand that the pertinent authorities investigate
and stop this abuse.
d. In view of the fact that a considerable
amount of Malta's energy is used in the production of water (desalination)
at a very high cost, the Maltese NGOs request the government
to consider the use of alternative sources of energy (e.g. wind
and solar energy) that are probably more economically and ecologically
feasible. Furthermore the dependence on seawater desalination
must be reduced to a minimum as this is not considered to be
a sustainable means of water production. Other more sustainable
measures should be encouraged, such as the harvesting of rainwater
(through the construction of reservoirs and dams in watercourses),
the collection and re-use of storm water and the re-use of treated
sewage effluent as second class water.
e. The Maltese NGOs are particularly
concerned about the illegal extraction of ground water through
the hundreds of unregistered boreholes over the Maltese Islands.
Apart from accelerating the salinization of the aquifers, the
illegal extraction of ground water prevents the implementation
of any aquifer restoration programmes devised by the Water Services
Corporation for the rehabilitation of the aquifers in the long-term.
The Maltese NGOs demand that the extraction of ground water from
the aquifers shall not exceed sustainable levels.
f. Since Malta's landfills are not engineered,
there is a high possibility that dangerous substances have seeped
from them into the water table and into the sea. The Maltese
NGOs ask the government to assess the extent of this contamination
and prepare a strategy to reverse this process and to ensure
that it does not repeat itself in the future.
Finally the Maltese NGOs suggest that in implementing the acquis
on water an educational campaign be continued, in collaboration
with NGOs and the National Environmental Educational Strategy
(NEES), whereby the practice of saving and not wasting water
is promoted as the BEST option.
[5] The Maltese NGOs insist that the transposition of
EU legislation is only a means to an end. We request the government
to state how it intends to ensure that these directives are being
IMPLEMENTED and to specify what instruments will be used to ensure
implementation of directives. Furthermore, the Maltese NGOs
demand that the government specify how this will be ENFORCED
and what corrective action will be taken against infringement.
"One of the biggest problems that future water protection
might be facing is not insufficient legislation but the fact
that basically no directive has been completely implemented and
applied by member states." The Maltese NGOs are greatly
concerned that the severe shortage of human and financial resources
will be used as an excuse not to implement and enforce these
directives.
Conclusion
We, the Maltese NGOs reiterate our commitment
to act as "watch dogs" over the accession process paying
particular attention to the transposition, implementation and
enforcement of EU legislation and its consequences on the Maltese
environment. We commit ourselves to discuss national strategies
as well as to evaluate least cost options for implementing the
acquis communautaire.
