Answer ... (a) Air
With regard to ambient air pollution, different statutes have transposed EU directives and address specific emissions. They include the Ambient Air Quality Regulations (SL 549.59), which transpose:
- EU Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe; and
- EU Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 on arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air.
Other legislation deals specifically with air quality, assessment and management, and with national emissions ceilings, setting standards or limits in the process. However, the National Air Pollution Control Programme for Malta, which outlines the measures selected to meet these emission reduction commitments, no longer applies and needs to be updated.
(b) Soil
The protection of soil by the Environment & Resource Authority (ERA) is divided into three areas:
- biodiversity – in order to tackle issues relating to soil biodiversity, the ERA adopted and implemented Malta’s National Biodiversity and Action Plan, which sets national targets that address both direct pressures and underlying causes of biodiversity loss;
- degradation threats; and
- Maltese soil.
In addition to the ERA, the Agricultural Directorate is responsible for the preservation of fertile soil, including with respect to the construction of buildings and the displacement of fertile soil as a result of such construction. The directorate has the power to inspect the land on which the building is in the course of construction or on which any building will be constructed.
(c) Fresh water
The water-related legislation enacted under the Environment Protection Act aims to protect water resources through the regulation and management of pressures, in order to safeguard the water bodies and the services that they provide. The legislation also provides for the monitoring of Maltese waters, in order to assess their status and identify trends, and adapt as necessary.
The two main pieces of legislation in force are:
- the Water Framework Directive Regulations, which transpose the EU Water Framework Directive (WFD) and the linked Environmental Quality Standards Directive; and
- the Marine Strategy Framework Regulations, which transpose the EU Marine Strategy Framework Directive.
The WFD encompasses inland surface waters, transitional waters, territorial waters and groundwater; while the MSFD encompasses all marine waters, extending the geographical coverage and scope of the marine waters covered by the water framework legislation.
(d) Sea water
The Marine Policy Framework Regulations (SL 549.62) transpose the European Marine Policy Framework Directive into Maltese law. They establish a framework under which Malta will take the necessary measures to achieve or maintain good environmental status in the marine environment. With regard to the indicative lists of elements to be taken into account in the preparation of marine strategies, they transpose EU Directive 2008/56/EC, as amended by Commission Directive 2017/845/EU. However, such strategies related to the period up until 2020 and are thus in the process of being updated.
(e) Flora and fauna and natural habitats
The Flora, Fauna and Natural Habitats Protection Regulations (SL 549.44) are designed to:
- maintain or restore, through favourable conservation status, natural habitats and species of wild fauna and flora of EU interest; and
- take account of economic, social and cultural requirements and regional and local characteristics.
The regulations implement the following instruments in Malta:
- EU Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora;
- EU Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds;
- the Convention on Biological Diversity;
- the Convention on the Conservation of European Wildlife and Natural Habitats;
- the Convention on the Conservation of Migratory Species of Wild Animals; and
- the Protocol for Specially Protected Areas and Biological Diversity in the Mediterranean of the Barcelona Convention.