ERA is responsible for the registration of commercial vehicles that carry waste, to implement the provisions of Waste Management (Activity Registration) Regulations as published by S.L. 549.45. The aim of this registration is to ensure that all vehicles/vessels that are carrying wastes are up to standard and that no waste escapes to the environment.
Registration of such carriers started in June 2008, with the objective of permitting all waste carriers.
The following are the categories of waste carriers being permitted:
Class A1
Construction and Demolition waste
Class A2
Road Services and furniture – (Bulky Refuse, Road Cleaning and Beach Cleaning)
Class A3
Restaurants and canteen waste and Municipal waste – RCV’s only
Class A4
Separated waste (including Non-Hazardous Packaging Waste)s
Class A5
Other non hazardous waste
Class B
Vessels used for the transport of waste at sea. This includes vessels exclusively used for carriage of waste such as dredging barges (B1), vessels for carrying waste oil (B2) and for carrying other waste (B3). It does not include vessels which carry general goods, waste in containers or vehicles
Class C1
Sharps/Hospital/Pharmaceutical Waste
Class C2
Other Class C waste except C1 and Animal By-Product Waste
Class D1
Liquid Waste
Class D2
WEEE (Waste Electrical and Electronic Equipment) including White Goods
Class D3
Other hazardous waste
For a more detailed explanation of the different classes please refer to Activity 38 of Legal Notice SL 549.45 and download the guidance note here.
Regular state of the environment reports have been published as part of a commitment towards providing environmental information in a form that is easily accessible and user-friendly. These reports are also available online. The Environment Protection Act obliges the competent authority, ERA, to publish a state of the environment report every four years. Supplimenting this obligation is the publishing of annual updates of key environmental indicators used in the report. It is hoped that through this initiative, policymakers, opinion leaders, and members of the public will be able to keep abreast of environmental trends, while having access to more long-term, detailed information and analysis in the state of the environment reports.
State of the Environment Report 2018
Summary Report |
Download |
|---|---|
Chapter 1: Driving Forces |
Download |
Chapter 2: Ambient Air |
Download |
Chapter 3: Climate Change |
Download |
Chapter 4: Land and Coast |
Download |
Chapter 5: Marine and Fresh Waters |
Download |
Chapter 6: Resources and Waste |
Download |
Chapter 7: Environmental Health |
Download |
Chapter 8: Biodiversity |
Download |
Chapter 9: Policy Responses |
Download |
ERA’s Responses to the Office of the Ombudsman’s Review of the State of the Environment Report: Download
Ombudsman Commissioner for Environment and Planning: Opinion on the State of the Environment Report 2018: Download
Pdf versions of the State of the Environment Reports are available at the following links:
State of the Environment Indicators are available here.
Additional information on State of the Environment Indicators per year of publication is included below:
The Environment Report 2008
Welcome to the 2008 Environment Report. This report builds on the tradition of quality environmental reporting found in past editions of the State of the Environment Report in 2005, 2002 and 1998. The 2008 report has been branded to ensure that the tradition of making environmental information ever more accessible to policymakers and the public is kept up, in line with Malta’s legal obligations under the Environment Protection Act, the Aarhus Convention and related EU Directives.
The Environment Report aims to communicate key environmental issues and trends to policymakers and civil society in a clear and concise way. Its seeks to increase awareness and understanding of key environmental trends, to provide a sound evidence base for policy and decision-making, and to facilitate the measurement of environmental performance and progress towards sustainability. The Report is accompanied by a booklet of key environmental indicators, and any readers interested in ‘digging down’ to find more information and resources will find all the relevant documents including the report, the indicators booklet, the Sub-reports, background reports, and key datasheets and maps used in the writing of the report on this website.
This year, the Environment Report takes a broader approach to analysing the environment sector, while retaining the basic structure of the Report. The Report provides a better understanding of the key policies and legislative instruments in each field. It also includes a chapter on the relationship between the environment and economic activity, as well as a chapter on environmental health. In this way the Report explores more closely how environmental issues impact our daily lives in terms of health and the economy.
View The Environment Report 2008
Errata corrige
View The Environment Report Indicators 2008
Errata corrige
State of the Environment Report 2005
Welcome to the 2005 State of the Environment Report (SOER). The aim of this Report is to support progress towards sustainable development by providing credible environmental information to policy makers, organisations and the general public. It should also provide guidance for the development of new policy directions and help identify investment requirements.
Due to the increasingly sophisticated environmental policy in force in Malta following institutional strengthening and EU accession, and the increasing amounts of environmental information being collected, a new approach has been adopted for the 2005 SOER. This approach seeks to provide information that is more policy-oriented, and focused on key trends in a way that is easily comprehensible to a wide range of audiences.
This website includes and complements the 2005 Report, since it contains all the publications related to the Report. It provides copies of the various Sub-reports that were the building blocks of the individual SOER chapters, as well as indicators, datasheets, background reports and related documents. The rationale here is that this information needs to be available in an easy-to-use format for readers interested in ‘digging down’ more deeply into the report’s findings. The 2005 SOER has been compiled by MEPA in partnership with the National Statistics Office (NSO), and draws upon detailed information sources including the environmental monitoring programmes carried out by numerous government agencies including the Malta Resources Authority and the Department of Public Health.
State of the Environment Report 2002
The 2002 State of the Environment Report for Malta was published by the Ministry for Home Affairs and the Environment in August 2002. The report provides a snapshot of the status of the main components of the environment, identifies areas of pressures, identifies response measures, assesses trends in the overall quality of the environment, and recommends measures for improvement. The 2002 report included chapters on the following topics: environmental planning, management and sustainability; physical background, demography, tourism, mineral resources and land use; living resources, fisheries and agriculture; the coast and freshwater resources; solid and liquid wastes; natural and technological risks; energy: transformation, use and environmental impact; air quality; environmental education; and, general conclusions.
State of the Environment Report 1998
The 1998 State of the Environment Report was commissioned by the Environment Protection Department within the Ministry for Environment, and published in August 1999. The report seeks to serve as a tool for environmental management. It sought to translate a scientific assessment and evaluation of the current state of the environment into a format which could be intelligently used by policy and decision-makers. The report also included a non-technical summary addressed to the general public, with a view to increasing awareness and understanding of environmental issues. The 1998 report included chapters on the following topics: population and tourism; land use; the land and non-renewable resources; wildlife; fisheries and agriculture; the coast; freshwater; wastes; energy; air quality; and, environmental policy and education.
For more information, send an e-mail on [email protected].
Access to justice is a tool that allows the public to challenge decisions taken by public bodies and resolve disputes in front of an independent and impartial body. The right of access to justice for issues that relate to the environment is slowly gaining more importance on an international and European level, providing members of the public the right to challenge certain decisions which contravene environmental law.
The leading international instrument in this field is the Aarhus Convention, whereby article 9 provides a right to members of the public, including NGOs, to challenge decisions, acts and omissions by public bodies that contravene their right to information, right to participation or contravene any law relating to the environment.
Access to Justice at the national level
In Malta, access to justice in environmental matters is provided mainly through the Environment and Planning Review Tribunal (EPRT), which was first established in 2010. The Tribunal is regulated through the Environment and Planning Review Tribunal Act (Cap 551).
Cap 551 distinguishes between decisions made by the Environment and Resources Authority (ERA), and the Planning Authority (PA). The decisions taken by the PA which can be appealed are listed in article 11 of Cap 551, which allows appeals from applicants, interested third parties, external consultees and, in the circumstances listed in article 11(1)(c), any person.
With regard to decisions taken by ERA, article 47 of Cap 551 and article 63 of the Environment Protection Act (Cap 549), provide for the right for an aggrieved person to challenge such decisions before the EPRT. Notably, for appeals lodged by a person other than the applicant, such a person need not prove that he has an interest in that appeal in terms of the doctrine of juridical interest, but he is required to submit reasoned grounds based on environmental considerations to justify his appeal.
Notably, in all cases, the definition of ‘person’ would include an association or organisation, whether registered as a legal person or not, including NGOs.
Certain subsidiary legislation also provides for access to justice with regard to specific matters, such as the Freedom of Access to Information on the Environment Regulations (S.L 549.39) which provide for two forms of appeal to an applicant who requested environmental information and was dissatisfied with the response. The applicant may appeal to the Information and Data Protection Commissioner as per regulation 12, or to the EPRT as per regulation 11A. In the latter case, the Tribunal is obliged to hold its first hearing within six working days from receipt of the appeal.
Fees for appeals to the EPRT are clearly laid down in the Environment and Planning Appeals (Fees) Regulations (S.L 551.01).
Another form of review is found in article 469A of the Code of Organisation and Civil Procedure (Cap 12). The latter allows the courts of justice of civil jurisdiction to enquire into the validity of any administrative act or declare such act null, invalid or without effect, only in cases where the act is in violation of the Constitution of Malta, or when it is ultra vires on the grounds specifically contained in sub-article (1)(b).
This procedure relates solely to ‘administrative acts’, defined therein as “the issuing by a public authority of any order, licence, permit, warrant, decision, or a refusal to any demand of a claimant, but does not include any measure intended for internal organization or administration within the said authority.”
Such a request must be filed within a period of six months from the date when the interested person becomes aware or could have become aware of such an administrative act, whichever is the earlier.
Further information is accessible from the following link.
Challenging EU Legislation
The EU is also a party to the Aarhus Convention and gives direct legal standing to individuals and NGOs in certain cases to appeal to the Court of Justice of the EU (CJEU), as per Article 263 of the Treaty on the Functioning of the European Union (TFEU). However, the main tool for individuals and NGOs to challenge the validity or lawfulness of an EU decision, regulation or directive, is through the preliminary ruling procedure as per Article 267 of the TFEU. This procedure would begin in the national court of a Member State, and would allow the said court to refer questions of interpretation or validity of EU legislation to the CJEU for its ruling on the matter.
Citizens and NGO are also given rights under Regulation (EC) No 1367/2006 (often referred to as the ‘Aarhus Regulation’) to request environmental information from and held by EU institutions and to participate in environmental decision-making at EU level. The Regulation also allows NGOs to request the internal review of administrative acts taken by EU institutions or bodies in the circumstances listed therein.
| Responsible authority (plan proponent) | Stage of assessment | Legislation | ERA’s SEA response | Date received by ERA | Date of ERA’s response |
|---|---|---|---|---|---|
| Planning Authority | SEA Screening | Regulation 4(6) of SEA Regulations (S.L. 549.61) | Completed | 20/01/2017 | 06/03/2017 |
| Planning Authority | Appropriate Assessment Screening | Regulation 19 of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44) | |||
| Planning Authority | Appropriate Assessment Screening on revised Solar Farms policy (April 2017) | Regulation 19 of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44) | Updated (including TORs) | 20/04/2017 | 27/04/2017 |
| Planning Authority | Appropriate Assessment Scoping | Regulation 19 of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44) | Completed | 05/07/2019 | 14/08/2019 |
| Planning Authority | SEA Scoping | Regulation 6(4) of SEA Regulations (S.L. 549.61) | Completed | 08/08/2019 | 02/09/2019 |
| Planning Authority | Updated Appropriate Assessment Scoping | Regulation 19 of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44) | Updated | 23/09/2019 | 23/10/2019 |
| Planning Authority | Updated SEA Scoping | Regulation 6(4) of SEA Regulations (S.L. 549.61) | Updated | 23/09/2019 | 23/10/2019 |
| Planning Authority | Updated Appropriate Assessment Scoping | Regulation 19 of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44) | Updated | 18/11/2019 | 18/11/2019 |
| Planning Authority | Updated SEA Scoping | Regulation 6(4) of SEA Regulations (S.L. 549.61) | Updated | 18/11/2019 | 18/11/2019 |
| Planning Authority | Appropriate Assessment Report | Regulation 19 of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44) | Completed Completed | 08/02/2021 | 06/04/2021 |
Deliberate Release
- Directive 2001/18/EC on the deliberate release into the environment of GMOs (consolidated text).
- Commission Decision 2002/623/EC establishing guidance notes supplementing Annex II (principals for the environmental risk assessment) to Directive 2001/18/EC.
- Council Decision 2002/811/EC establishing guidance notes supplementing Annex VII (monitoring plan) to Directive 2001/18/EC.
- Council Decision 2002/813/EC establishing summary notification information format for purposes other than placing on the market (Part B).
- Commission Decision 2003/701/EC establishing a format for presenting the results of the deliberate release into the environment of GM higher plants for purposes other than placing on the market (Part B).
- Council Decision 2002/812/EC establishing summary notification information format relating to the placing on the market of GMOs as or in products (Part C).
- Commission Decision 2009/770/EC establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of GMOs as or in products, for the purpose of placing on the market.
- S.L. 549.60 Deliberate Release into the Environment of Genetically Modified Organisms Reguations
Contained Use
Council Directive 90/219/EEC on the contained use of GMMs has been substantially amended several times, it was therefore recast (Directive 2009/41/EC) in the interests of clarity.
- Directive 2009/41/EC on the contained use of GMMs (Recast Directive).
- Commission Decision 2005/174/EC establishing guidance notes supplementing Part B of Annex II to Directive 90/219/EEC on the contained use of GMMs.
- Commission Decision 2000/608/EEC concerning the guidance notes for risk assessment outlined in Annex III of Directive 90/219/EEC on the contained use of GMMs.
- S.L.549.49 Contained Use of Genetically Modified Micro-Organisms Regulations
Transboundary Movement
- Regulation (EC) No 1946/2003 on transboundary movements of GMOs.
The Deliberate Release into the Environment of Genetically Modified Organisms Regulations (SL 549.60) of 2010, give effect to Directive 2001/18/EC on the deliberate release into the environment of GMOs (repealing Directive 90/220/EEC). ‘Deliberate release means ‘any intentional introduction into the environment of a GMO or a combination of GMOs for which no specific containment measures are used to limit their contact with, and to provide a high level of safety for, the general population and the environment’.
Two types of deliberate release are covered by the GMO (Deliberate Release) Regulations 2003.
- Deliberate release of GMOs for any other purpose than for placing on the market also known as a Part B release, (because it is dealt with under Part B of Directive 2001/18/EC)
- Placing on the market of GMOs as or in products also known as a Part C release, (because it is dealt with under Part C of Directive 2001/18/EC)
Deliberate release of GMOs for any other purpose than for placing on the market
The deliberate release of GMOs for any other purpose than placing on the market (i.e. for purposes of research and development), includes:
- Field trials in the case of GM crops
- Hospital clinical trials where Genetically Modified Micro-organisms (GMMs) are used for gene delivery systems for medicinal purposes, for example the administration of a GM vaccine or using a GM virus to deliver a gene therapy product to animals/humans
Applications to release a GMO into the environment for research and development purposes are considered by ERA. Such a release may only proceed with the prior agreement of the ERA and in conformance with any conditions imposed by the ERA.
The notification requirements for deliberate release applications are specified here. A guidance note for the deliberate release of a GMO for any other purpose than for placing on the market has been prepared to provide help and assistance to users who wish to apply to the ERA for consent to release a GMO for research and development purposes.
As part of this procedure public representations are invited.
Placing on the market of GMOs as is or in products
This relates to the placing of products containing or consisting of GMOs on the European market (examples include the marketing of GM crops for cultivation by EU farmers). The term placing on the market is defined in Directive 2001/18/EC as ‘making available to third parties whether in return for payment or free of charge’.
Authorisation for the placing of a GMO product on the market is issued at European level. The procedure is a centralised one that involves the European Commission and all EU Member States. Further to the entry into force in 2003 of Regulation (EC) No. 1829/2003 on GM food and feed, almost all applications are submitted under a single authorisation procedure under Regulation (EC) No. 1829/2003 (“one door – one key”). Since 2003, only a few dossiers relating to non-food/non-feed GMOs (GM cut flowers, GM starch potato), have been processed under Directive 2001/18/EC.
A person or organisation proposing to place a product containing or consisting of a GMO on the market under Directive 2001/18/EC, ERA as lead or evaluating Competent Authority, should contact the ERA to arrange pre-application discussions.
The contained use of GMOs covers any premises where organisms are genetically modified or where GMOs are cultured, stored, used, transported, destroyed or disposed of.
These could be:
- Genetically Modified Micro-organisms (GMMs) such as GM bacteria, viruses, animal and plant cells in culture
OR
- Genetically Modified Organisms (GMOs) such as GM plants or GM animals.
In order to use GMOs for purposes of R&D (in university or hospital laboratories), or for production/manufacturing (in industrial facilities), users are legally obliged to submit a notification to ERA in accordance with the requirements of the Contained Use legislation, seeking the Authority’s consent before commencing work with GMOs.
