EU ENVIRONMENTAL WATER AND WASTE LEGISLATION:  Keynote address by Dr Francis Zammit Dimech, Minister for the Environment, at the EU Environmental Water and Waste Legislation seminar organised by TAIEX, in the framework of the Maltese Business Week. Sliema

I am very pleased to address this seminar of the Technical Assistance Information Exchange Office on EU Environmental Water and Waste Legislation. TAIEX has now been active since 1996 in assisting in the preparation of the Central and Eastern European applicant countries for integration in the European Union and Malta is pleased that last October it was included among the beneficiary countries of the TAIEX Multi-Country Assistance Programme. I believe that this seminar will provide a forum for an interesting and informative discussion on the implementation of EU environmental legislation in two particularly intricate fields – water and waste, the two areas of the environmental acquis communautaire which probably contain the most investment-heavy legislation.

This last year has been an important year for the protection of the environment in Malta. During this year, the Maltese Parliament adopted the new Environment Protection Act, which will be the framework within which the greater part of EU environmental legislation will be adopted. Since the adoption of this Act, the transposition of the environmental acquis has proceeded at a rapid pace.

The Environment Protection Act also provides for the introduction of the National Commission for Sustainable Development, which will provide a forum for discussion between Government and various bodies concerned in environmental protection and the Environmental Fund.

Administrative capacity is also being reinforced. A substantial staff recruiting exercise is currently underway. In addition, the Malta Resources Authority, which is the regulator for water, energy and mineral resources was set up in March. This Authority has a number of competencies relating to the quality and supply of water as well as the regulation of the use of Maltese stone as a mineral resource.

This year also saw the submission of Malta’s Negotiating Position Paper on the environment during the Swedish Presidency. Most of the persons participating in this seminar are aware of the "stock take" which had to be made of all aspects relating to Malta’s environmental situation before this Position Paper could be prepared and adopted.

The waste sector has been identified as one of the more problematic areas in environmental protection and the one which probably requires the greatest investment. Malta currently produces around 1.5 million tonnes of waste annually, most of which is landfilled. The situation, as it is at present, is clearly unsustainable and unfortunately there is little incentive for the consumers to opt for products which result in less waste and less impact on the environment. Waste prevention has to be the first priority with a reinforcement of our established systems for the reduction of waste and the introduction of new ones.

The Maltese Government is aware of the current problems relating to this sector and the impact which this situation and its resolution has on sectors other than the economy. Thus the need for an integrated approach, the need for a strategy to achieve full compliance with the waste management aspects of the European acquis in a manner which takes full account of the peculiar characteristics of the Maltese Islands. However, the preparation of the Integrated Solid Waste Management Strategy, which was adopted by the Cabinet of Ministers last September, was not undertaken merely to comply with EU requirements. A holistic strategy for the management of waste, which is an inevitable by-product of our way of life, is in the national interest. The strategy takes into consideration the regulation of various issues which do not arise from the acquis communautaire but which relate to Malta’s own specific problems as, for example, the management of construction and demolition waste.

One has to admit that Malta’s particular geophysical circumstances, with special reference to its small land mass and high population density - approximately eight times the EU average - and the cyclical increases in the population resulting from tourism, will have an important role to play in the road-map which has been selected for Malta’s route to compliance with the acquis communautaire. Malta’s particular circumstances were also pivotal in decisions made as to the special arrangements which Malta has requested in its Negotiating Position Paper. One particular special arrangement refers to the Packaging Directive, which will be discussed at length this afternoon.

The Integrated Solid Waste Management Strategy sets out the aims and the targets as well as the time limits for the achievement of such aims and targets.

It will therefore be possible for constituted bodies, Non-Governmental Organisations and the general public to monitor Government’s progress and, if necessary, to query the failure to achieve the established targets.

Just as an indication as to the intricate challenge which is ahead, I wish to draw your attention to the following points, which were identified by the Integrated Solid Waste Management Strategy:

• Nineteen Government ministries or other public bodies are involved in the implementation of this strategy. However, ultimately, the success of this strategy does not depend on Government alone but on each and every one of us;
• Fifty-five measures need to be implemented, of which forty-one represent distinct and, in some cases, major projects in their own right. Twenty actions and operational measures are to be taken by the end of 2004, of which five have to be completed by the end of next year;
• A capital expenditure of Lm18 million is required over the next thirty months. An additional expenditure of around Lm52 million will be required for the upgrading of facilities and for the establishment of new ones over the next twenty years;
• By the end of 2023, the total recurrent expenditure over twenty years for the management of waste will be around Lm200 million.

These points are just an indication as to how intricate a problem the management of waste can be and the vast number of interests which it can effect.

The Water Policy of the European Union presents a further challenge. The adoption of the new Water Framework Directive was the last major building block laid in the overhaul of this policy. The importance of this Directive cannot be over-emphasised - it is the blueprint, which will guide the water policy of the 15 current Member States and the thirteen applicant countries.

The objectives of the EU water policy are objectives which Malta has also set for itself and which it has sought to implement over the years, namely:

• secure supply of drinking water;
• secure supply of drinking water or non-drinking water to meet economic requirements other than human consumption;
• protection and preservation of the aquatic environment; and
• the restriction of natural disasters such as drought and floods.

Global water consumption has increased steadily throughout the last century, a trend which is also evident in Malta. Practically everyone on the islands has access to adequate supplies of fresh, clean water. However, water resources are under a constant threat from human activities, which place a burden on water resources. It is essential to ensure a sustainable management of water quantity and quality. The EU acquis relating to water is intended to achieve this aim.

Malta does not have many freshwater resources. However it does not suffer from a lack of drinking water as its needs are met through the use of groundwater and through a network of reverse osmosis plants built over the past 35 years. Malta’s dependence on groundwater for drinking purposes is much lower than the current dependence within the European Union (which stands at 65%). Malta has no rivers or lakes and thus certain parts of the acquis relating to fresh and shellfish waters do not really apply to its situation although the relevant directives will be transposed.

• Malta’s particular geophysical circumstances including its high population density and the cyclical increases relating to tourism;
• The fact that most of the legislation relating to waste and water is particularly investment heavy and that therefore one has to be realistic in assessing the time required to achieve compliance with the acquis communautaire. One must however also consider that compliance must be achieved in the earliest feasible time-frames in order to ensure a healthy and sustainable environment;
• The adoption of the Integrated Solid Waste Management Strategy and its implications on Malta’s strategy for complying with the requirements of the acquis;
• The importance of the Sewerage Master Plan and the investment which it implies
• The setting up of new bodies to cater for the implementation of certain aspects of the acquis, such as the Malta Resources Authority.