Infringement proceedings to be started against Malta in several areas including environment

Gerald Fenech || Published: May 24, 2024, 5:05 pm
Infringement proceedings to be started against Malta in several areas including environment Peter Agius

One of my priorities as MEP candidate announced on 15 March is to empower local actors to secure implementation of EU standards in Malta. Government must come clean and provide the legal instruments for citizens and civil society to challenge authorities non implementation of EU standards. This would open up new avenues for us to fight for our rights to a clean environment, free from sewage in the sea leading to infections and cleaner air with current particulate matter levels leading to the highest rates of respiratory conditions. If elected MEP in 8 June, this will be a key commitment of my mandate.


Formal notice by the European Commission:


The Commission calls on HUNGARY and MALTA to ensure broad access to justice in environmental matters
The European Commission decided to open infringement procedures by sending letters of formal notice to Hungary (INFR(2024)2011) and Malta (INFR(2024)2052) for failing to fully implement the requirements of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention). National law must be clear and precise regarding the possibility of challenging environmental acts before the courts. The Commission is committed to promoting environmental laws and to ensure that they are widely understood, respected, and enforced. To this end, a very important element is to ensure that citizens and civil society can ask the national courts to verify legal compliance. In its national legislation, Hungary does not ensure the right to challenge before a court all decisions or omissions of national authorities in the following environmental policy areas: nature protection, water management, air quality, waste management, industrial emissions, and noise protection. In the case of Malta, members of the public, such as environmental NGOs, have a limited right to access courts in three identified policy areas: nature, waste management and water policy. The Commission is therefore sending letters of formal notice to Hungary and Malta, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue reasoned opinions.


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