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CONSULTATION BRIEF ON THE LIMITATION OF EMISSIONS OF CERTAIN ATMOSPHERIC POLLUTANTS REGULATIONS, 2018

1. BACKGROUND

The aim of the proposed Regulations is to transpose the obligations arising from Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC. The proposed Regulations also cater for the implementation of the revised Protocol to Abate Acidification, Eutrophication and Ground-level Ozone to the UNECE Convention (United Nations Economic Commission for Europe ) on Long-Range Transboundary Air Pollution.

Directive (EU) 2016/2284, commonly referred to as the National Emission Ceilings Directive (NEC Directive), sets national emission reduction commitments for Member States for five important air pollutants that contribute to poor air quality: nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOCs), sulphur dioxide (SO2), ammonia (NH3) and fine particulate matter (PM2.5). The EU became a Party to the revised UNECE Protocol (Gothenburg Protocol) in 2017, which also aims at setting national emission ceilings for the aforementioned pollutants. The Limitation of Emissions of Certain Atmospheric Pollutants Regulations seek to integrate the NEC Directive and Gothenburg Protocol into national law. The designated Competent Authority under the said regulations is the Environment and Resources Authority (ERA).

2. IMPLICATIONS

SCOPE OF THE LIMITATION OF EMISSIONS OF CERTAIN ATMOSPHERIC POLLUTANTS REGULATIONS

The proposed Regulations establish national emission reduction commitments for Malta,expressed as a percentage of the 2005 baseline level for that pollutant. The emission reductions are to be achieved by the years 2020, 2025 and 2030 as indicated in the table below. In order to realize these commitments, the competent authority shall compile, adopt and implement an air pollution control programme, which must be updated every four years. The competent authority must also consult the public and relevant stakeholders on the draft programme in accordance with the Plans and Programmes (Public Participation) Regulations (S.L. 549.41).

MONITORING AND REPORTING OBLIGATIONS

The competent authority shall compile the following inventories and reports as outlined in regulation 6: national atmospheric emissions inventory, spatially disaggregated national atmospheric emission inventories and large point source inventories, national emission projections for pollutants, and informative inventory reports. Regulations 8 to 12 therein provide certain powers to the authority to gather the information needed to compile these reports.

The competent authority is also obliged to monitor the negative impacts of air pollution on ecosystems as per regulation 7, and coordinate with other monitoring programmes established under various legislation such as the Ambient Air Quality Regulations (S.L. 549.59), the Water Policy Framework Regulations (S.L. 549.100), and the Flora, Fauna and Natural Habitats
Protection Regulations (S.L 549.44).

OTHER PROVISIONS

The proposed Regulations contain a provision on access to information, which obliges the competent authority to ensure that the following information be made publically available:

• the air pollution control programme and any updates;
• the national emission inventory (including, where applicable, the adjusted national emissions inventories), the national emission projections, the informative inventory reports and additional reports and information provided to the European Commission in accordance with regulation 6(6) therein.

The proposed Regulations also establish penalties for offences, and finally, regulation 17 serves to repeal certain legislation that will be superseded by the publication of these Regulations, namely, the National Emissions Ceilings for Certain Atmospheric Pollutants Regulations (S.L 549.32), and the Limitation of Emissions of Certain Atmospheric Pollutants Regulations (S.L 549.115).

3. COMMENTS

The draft Limitation of Emissions of Certain Atmospheric Pollutants Regulations are available from the following link

Comments will be received by email on [email protected], from Monday, 9th April 2018, for a period of 4 weeks, ending on Friday, 4th May 2018.

NEC Regulations

Guidelines on Works involving Trees

​The Authority developed the Guidelines on Works involving Trees as a framework to follow when carrying out interventions which can potentially be damaging to trees, whether protected or not.

The document provides guidance on permits are required for certain interventions on trees and how to apply for them, exemptions to permits, how to register as a tree specialist and other sections on best practice when carrying out interventions on trees, including pruning and transplanting. The document also provides guidelines on compensatory planting in cases where trees are uprooted.

The general public is invited to submit written comments on how, in their opinion, the proposed ‘Trees and Woodlands Protection Regulations, 2018’ and the ‘Guidelines on Works involving Trees’ should be improved to protect and safeguard trees and woodlands in the Maltese Islands and regulate activities which have an affect thereon.

Please click here to view document. Feedback should be received through the following channels until Thursday, 1st March 2018.

Second Public Consultation

E-mail: [email protected] and / or

Post:
National Affairs
Environment & Resources Authority
Hexagon House,
Spencer Hill,
Marsa, MRS 1441

Trees and Woodlands Protection Regulations, 2018

​ERA is revising the Trees and Woodlands Protection Regulations in order to protect an additional 14 tree species in the Maltese Islands protect trees in urban public open spaces and increase controls on activities and alien species which may harm trees. It is being proposed that persons carrying out interventions on protected trees, are licensed. Court penalties proposed have been increased particularly for those interventions concerning strictly protected trees.

The general public is invited to submit written comments on how, in their opinion, the proposed ‘Trees and Woodlands Protection Regulations, 2018’ and the ‘Guidelines on Works involving Trees’ should be improved to protect and safeguard trees and woodlands in the Maltese Islands and regulate activities which have an affect thereon.

Documents may be viewed in either Maltese or English. Feedback should be received through the following channels until Thursday, 1st March 2018.

E-mail: [email protected] and / or

Post:
National Affairs
Environment & Resources Authority
Hexagon House,
Spencer Hill,
Marsa, MRS 1441

Public Submissions and Responses​

Action on Illegal Deposit of Material on Land and Illegal Reclamation of Land Regulations, 2017

Improving the quality of our rural environment
Have your say

The Planning Authority in collaboration with the Environment and Resources Authority is publishing new draft regulations with the scope of improving the quality of our environment in rural areas.

These proposed regulations provide the legal framework to enable the proactive regeneration of areas which become the victim of illegal dumping or reclamation and have remained in a derelict state for a period of time.

Following the preparation of detailed studies to determine the appropriate method for the area’s regeneration, the new law will enable the Authorities to carry out habitat restoration projects in these areas. Projects could include the afforestation of such areas.

The full proposed regulations may be viewed either in English or in Maltese.

The Planning Authority and the Environment and Resources Authority invite individuals and organizations to send their representation pertaining to these draft regulations. Representations are to be made in writing and sent on email address: [email protected] and [email protected].

Submissions must reach the Authorities by Monday 22nd January 2018.

CONSULTATION BRIEF ON THE MEDIUM COMBUSTION PLANTS REGULATIONS, 2017

1. BACKGROUND

The aim of the proposed Regulations is to transpose the obligations arising from Directive 2015/2193/EU on the limitations of emissions of certain pollutants into the air from medium combustion plants. The Medium Combustion Plants (MCP) Directive will apply to any plant or equipment where fuel is oxidised in order to generate heat which has a rated thermal input between 1 and 50 Megawatts (MW).

The purposes of this Directive is to regulate, and ultimately reduce sulphur dioxide (SO2), nitrogen oxides (NOx) and dust emissions into the air from medium combustion plants (MCPs) by setting emission limit values for new and existing installations. The Directive also lays down rules to monitor emissions of carbon monoxide (CO). The MCP Regulations seek to integrate this Directive into national law. The designated Competent Authority under the said regulations is the Environment and Resources Authority (ERA).

2. IMPLICATIONS

APPLICABILITY OF MCP REGULATIONS

The MCP Regulations cover all combustion plants which burn various types of fuel with a rated thermal input (RTI) (i.e. gross fuel input) between 1 and 50MW. Thus, systems such as heaters, boilers, turbines, engines or any form of electricity generator for residential, domestic or industrial processes falling within the specified threshold will be affected. The MCP Directive fills the regulatory gap at EU level between large combustion plants (>50MWth), covered by the Industrial Emissions Directive (transposed through S.L. 549.76 to S.L. 549. 81) and small appliances (heater and boilers under 1 MWth) covered by the Ecodesign Directive (transposed through S.L. 427.64).

The Regulations include certain exceptions as listed in regulation 5, such as combustion plants already covered by the Industrial Emissions (Large Combustion Plants) Regulations (S.L. 549.78) and the Industrial Emissions (Waste Incineration) Regulations (S.L. 549.81).

PERMITTING REQUIREMENTS

Under the MCP Regulations, existing MCPs with an RTI greater than 5MW must obtain a permit by 1st January 2024 at the latest; and those with a rated thermal input less than or equal to 5MW must obtain a permit by 1st January 2029 at the latest. For the purpose of the Regulations an ‘existing combustion plant’ is defined as a combustion plant which is either:

i. put into operation before 20th December 2018; or
ii. for which a permit is granted before 19 December 2017 pursuant to the Ambient Air Quality Regulations provided that the plant is put into operation no later than 20 December 2018.

The Regulations also require that all new MCPs obtain a permit from ERA prior to commencing operations. Regulations 7 to 10 of the MCP Regulations detail the obligations relating to permitting and registration incumbent upon both operators and ERA.

EMISSION LIMIT VALUES

As per regulations 11 and 12, each individual MCP, existing or new, will have to meet the emission limit values (ELVs) established for the production of NOx, SO2 and dust (Total Particulate Matter) set out in Schedule II of the MCP Regulations. These ELVs vary according to whether the plant is classified as existing or new, the rated thermal input of the plant and the type of fuel used. Furthermore it will be necessary to monitor (but not set a limit to) carbon monoxide (CO).

The ELVs set out in the MCP Regulations will have to be applied as from 20 December 2018 for new plants, and by 2025 or 2030 for existing plants, depending on their size.

ERA may exempt existing MCPs that do not operate more than 500 operating hours per year, as a rolling average over a period of five years, from compliance with the ELVs.

MONITORING AND REPORTING

Operators of MCPs falling within the scope of this legislation, are required to monitor emissions in accordance with regulation 13 therein, and to keep a record of such emissions and provide the necessary information to ERA in order to enable verification of compliance.

3. COMMENTS

The draft MCP Regulations are available from the following link.

Comments will be received by email on [email protected], from Monday, 13 November 2017, for a period of 4 weeks, ending on Monday, 11 December 2017.

Medium Combustion Plants Regulations, 2017 (EN)

Management of Malta’s Marine Protected Areas

The Environment and Resources Authority (ERA) will commence the process of defining the objectives and measures for the management of Malta’s Marine Protected Areas (MPAs). In this regard, ERA is inviting the general public, organisations and interested stakeholders to provide their views on the management of one or more of the MPAs around Malta and Gozo. More information is available here.

Consultation on draft Daily Penalty Regulations, 2017

A Public Consultation exercise is being launched regarding the drafting of ‘Daily Penalty Regulations’. These regulations will replace the ‘Daily Penalty Regulation’ presently in force, (S.L. 549.72 enacted by Legal Notice 276 of 2012, and amended by Legal Notice 124 of 2015). These draft regulations propose the introduction of daily penalties for environmental offences.

Consultation on draft Daily Penalty Regulations, 2017 – Maltese version
Consultation on draft Daily Penalty Regulations, 2017 – English version

Public Submissions and Responses

CONSULTATION BRIEF ON DRAFT WASTE MANAGEMENT (END OF LIFE VEHICLES) (AMENDMENT) REGULATIONS, 2016

1. BACKGROUND TO ARTICLE 4(2) OF DIRECTIVE 2000/53/EC ON END-OF LIFE VEHICLES

Entries in Annex II of the Directive 2000/53/EC on end-of life vehicles refer to materials and components exempt from Article 4(2)(a), whereby Member states shall ensure that materials and components of vehicles put on the market after 1 July 2003 do not contain lead, mercury, cadmium or hexavalent
chromium.

Article 4(2)(a) has been transposed into Maltese Legislation by regulations 4(2) of Subsidiary Legislation 549.36 – Waste Management (End of Life Vehicles) Regulations as published by Legal Notice 99 of 2004 (hereinafter referred to as S.L. 549.36).

2. PROPOSED AMENDMENTS TO S.L. 549.36 – THE WASTE MANAGEMENT (END OF LIFE VEHICLES) REGULATIONS

The amendments to Schedule 3 of S.L. 549.36 aim to bring into effect the provisions of Commission Directive 2016/774/EU of 18 May 2016 amending Annex II to Directive 2000/53/EC, mainly:-

• the use of lead in the applications covered by exemptions 8(h), 8(j) and 10(d) should not be prolonged because the use of lead in these applications has become avoidable;
• the use of lead in the applications covered by exemptions 8(e), 8(f) and 8(g) remains unavoidable as substitutes have not become available yet and these exemptions shall be reviewed in 2019 to establish if the use of lead in these applications can be discontinued.

3. COMMENTS

The draft Regulations amending Subsidiary Legislation 549.36 – the Waste Management (End of Life Vehicles) Regulations may be viewed on https://era.org.mt/en/Pages/Active-Public-Consultations.aspx

The Ministry for Sustainable Development, the Environment and Climate Change and the Environment and Resources Authority welcomes any feedback on the proposed amendments.

You may wish to submit any comments by 7 th October 2016 on the following email addresses: [email protected] or [email protected].

The Ministry for Sustainable Development, the Environment and Climate Change and the Environment and Resources Authority shall take into consideration your concerns and comments.

Draft Waste Management (ELVs) (Amendments) Regulations 2016 Consultation

CONSULTATION BRIEF ON THE DRAFT REGULATIONS AMENDING THE WASTE MANAGEMENT (WASTE BATTERIES AND ACCUMULATORS) REGULATIONS

1. BACKGROUND TO DIRECTIVE 2006/66/EC ON BATTERIES AND ACCUMULATORS AND WASTE BATTERIES AND ACCUMULATORS

Directive 2006/66/EC of 6 September 2006 on batteries and accumulators and waste batteries and accumulators (hereinafter referred to as Directive 2006/66/EC) was published in the Official Journal of the European Communities on 26 September 2006. Member States were required to bring into force the laws, regulations and administrative provisions necessary to comply with the new Batteries Directive by 26 September 2008.

Malta has transposed the provisions of the Directive by means of Legal Notice 311 of 2007 as amended, consolidated under Subsidiary Legislation 427.08 – the Batteries and Accumulators Regulations, and by means of Legal Notice 55 of 2010 as amended, consolidated under Subsidiary Legislation 549.54 – the
Waste Management (Waste Batteries and Accumulators) Regulations.

2. PROPOSED AMENDMENTS TO L.N. 55/2010 AS AMENDED, CONSOLIDATED UNDER S.L. 549.54 – THE WASTE MANAGEMENT (WASTE BATTERIES AND ACCUMULATORS) REGULATIONS, 2010

The amendments to L.N. 55/2010 as amended are aimed at ensuring compliance with Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators.
The following amendments to the national Legislation are being proposed:

a) Amendment to introduce new definitions.
Amendments to sub-regulation 1 of regulation 3 of the principal regulations, as per regulation 2 of these amendments, aim to introduce new definitions, mainly the definition of “the Competent Authority” and “local agency”.

b) Amendment to introduce a sub-regulation on the distribution of waste batteries.
Amendments to sub-regulation 5 of regulation 5 of the Principal Regulations, as per regulation 3 of these amendments, introduces the provision for the distribution of waste batteries at Civic Amenity sites to schemes at a cost (approved by the Minister) and proportionately such that in line with producer responsibility the costs for collected waste batteries are financed by the producers who are in turn members of authorised schemes.

c) Amendment to introduce a fine for disposal of waste batteries and accumulators in the form of unsorted municipal waste.
Amendments to regulation 11 of the Principal Regulations, as per regulation 4 of these amendments, introduces a schedule of fees as per Schedule 1 of these amendments for the disposal of waste batteries and accumulators in the form of unsorted municipal waste, to maximise separate collection, to minimise disposal, and in view of the fact that landfilling and incineration of waste batteries is prohibited.

d) Amendment to make reference to the deregistration form.
Amendments to sub-regulation 3 of regulation 17 of the Principal Regulations, as per regulation 5 of these amendments, have been made to make reference to the deregistration form which is already in place and needs to be completed.

e) Amendment to delete current text and add new text on auditing.
The deletion of sub-regulation 6 of regulation 18 and the deletion of sub-regulation 5 of regulation 24 of the Principal Regulations, as per regulation 6 and regulation 9 of these amendments, to delete the current text related to auditing such as to allow for the addition of a whole new regulation on auditing
introduced as regulation 25 to the Principal Regulations, as per regulation 10 of these amendments.

f) Amendment to introduce a fee for application of a scheme.
Amendments to sub-regulation 2 of regulation 22 of the Principal Regulations, as per regulation 7 of these amendments, introduces a fee of €500 to be paid by the authorised waste batteries and accumulators collection treatment and recycling schemes upon application.

g) Amendment to introduce a fee to be charged upon granting or renewal of the scheme’s permit.
Amendments to sub-regulation 5 of regulation 22 of the Principal Regulations, as per regulation 8 of these amendments, introduces a fee as per newly introduced Schedule (Schedule 2 of these amendments) which is to be charged upon granting of the permit or renewal for an authorised waste batteries and accumulators collection treatment and recycling schemes, which fee would be dependent on the number of producers as per relevant Schedule.

h) Additional minor amendments.
Amendments to substitute the definition for “the Competent Authority” and adding a definition for “local agency”, to delete sub-regulation 6 of regulation 18 and sub-regulation 5 of regulation 24 on audits in view of addition of new text, and to renumber some provisions.

3. COMMENTS

The draft Regulations amending Subsidiary Legislation 549.54 – the Waste Management (Waste Batteries and Accumulators) Regulations may be viewed on https://era.org.mt/en/Pages/Active-PublicConsultations.aspx

The Ministry for Sustainable Development, the Environment and Climate Change and the Environment and Resources Authority welcome any feedback on the proposed amendments.

You may wish to submit any comments by 24th October 2016 on the following email addresses: [email protected] or [email protected].

The Ministry for Sustainable Development, the Environment and Climate Change and the Environment and Resources Authority shall take into consideration your concerns and comments.

Batteries Legal Notice