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9MALTESE AND EU LEGISLATION IN THE WATER SECTOR

The Maltese archipelago has a total surface area of 316 km² and a population density exceeding 1,200 persons per km², making it the highest amongst all European member states. It also has the lowest rate of water availability per capita in the union. Natural sources of water are very limited due to Malta’s particular geographic and climatic conditions. It has no surface water that may be used and the only natural form of exploitative value is that of the groundwater. Groundwater provides a substantial percentage of the municipal supply (ca. 40%) and for other users namely agriculture, which relies almost totally on it for irrigation and industry, mainly the touristic industry which accounts for nearly 1million visitors a year. To this effect it is constantly under fierce competition by different users and under constant pressure of intense economic development. The main institutions controlling the local water resource are the Water Services Corporation (WSC), in its capacity as suppliers, the Malta Resource Authority (MRA) in its capacity as regulators and the Malta Environment and Planning Authority (MEPA) as the entity responsible with environmental conservation that includes the water resource. Both the MRA and MEPA function under the jurisdiction of the central government while WSC is a para-statal institution.

9.1Evolution of the national water legislation

Malta does not have a formal Water Legislation at a National Level and the earliest legal sources regulating the water resource may be found in the Civil Code (1870) and the Code of Police Laws (1854). The Civil Code regulated the collection of natural water and identifies who has the right to collect water flowing naturally on the land. The Code of Police Laws protected public waters and it was under this law that regulation of pollution was first introduced.

Although the legal status of the codes is hierarchically superior to primary and subsidiary legislation, this hierarchic superiority is waived when more recent and more specific primary and subsidiary legislation comes into force.

The following is a list of main legal actions taken at a National level and as having significant importance to the water resource:-

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  1938: Water Pumps Ordinance – to control better the use of Water pumps and involved the registration of all water pumps and the setting up of an inventory of all pumps used for groundwater abstraction;
  
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  1938: Water Controlled Areas Declaration – prohibition and restriction of use of water pumps in sensitive areas in order to guarantee adequate water supply;
  
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  1939: Irrigation Ordinance – use against payment for irrigation in order to control the quantity of groundwater being extracted. This ordinance established also the Irrigation Board and the Irrigation Areas, wherein the permission of the Board was needed to carry out any work whatsoever that reduced or interfered with the government’s supply of water in the Area;
  
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  1943: Underground Water Ordinance – this order repealed the 1938 Ordinance because it further added more details and restrictions to the Water Pumps Ordinance;
  
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  1991: Water Services Corporation Act – assigned the roles of regulator and operator to the WSC an organization that succeeded the Water Works Department and assumed its responsibilities and functions when it was established in 1992. Apart from the acquirement, processing, distributing and selling of both potable and non-potable water, the WSC was also entrusted with the treatment, disposal and re-use of sewage, wastewater and stormwater run-off;
  
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  2000: Malta Resource Authority Act – defines water as a resource and thus falling under the regulatory control of MRA to secure quality and quantity of the resource. In effect, this act changed the function of the WSC to that of an operator and bestowed the role of regulator upon the MRA. For this purpose, this act repeals all the provisions under the Water Services Corporation Act that empowered the WSC to issue licenses for the supply, sale or any other functions concerning the supply of water;
  
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  2001: Environment Protection Act – includes water as part of its wide definition of the term environment. The environmental sector is entrusted to the Malta Environment and Planning Authority and therefore the implementation of the Government’s duties under this Act fall under this authority.
  

9.2Integration and implementation of EU water legislation

With Malta’s accession into the EU in May 2004, it became subject to adhere to the EU’s legislation and meet its set obligations. This initiated the process of harmonizing EU law with the local legislation that led to a major re-evaluation of Malta’s legislative system, particularly in the field of environmental management.

9.2.1. Direct Regulations

The EU directives directly related to the regulation of the groundwater resource are:-

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  The Water Framework Directive (2000/60/EC);
  
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  The Groundwater Directive (2006/118/EC).
  

9.2.2. Indirect Regulations

The EU has a number of indirect water regulations that have to be transposed within national legislation. These include:-

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  The Nitrate Directive (91/676/EEC);
  
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  Habitats Directive (92/43/EEC);
  
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  Landfilling of Waste Directive (99/31/EC);
  
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  Plant Protection Products Directive (91/414/EEC);
  
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  Environment Impact Assessment Directive (85/337/EEC, as amended by 97/11/EC).
  

9.2.3. The Implementation Process

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  The Water Framework Directive
  

Legal Notice 194 of 2004 titled Water Policy Framework Regulation provided the basis for the adoption of the Water Framework Directive (WFD), whereby it establishes a framework of action for the protection of inland surface waters, transitional waters, coastal waters and groundwater.

The implementation process of the WFD is being conducted jointly by MRA and MEPA through a Memorandum of Understanding that establishes the MRA as the competent authority in so far as inland waters are concerned, with the exception of certain inland surface waters specified in the Development Planning Act or the Environment Protection Act; while coastal waters and the specified inland surface waters fall under the competency of MEPA.

At present, MRA is currently conducting the Characterisation of Groundwater Bodies, the results of which are published and can be viewed on its official web-site (www.mra.org.mt). It has also defined the Groundwater Protected Areas for the protection of groundwater utilised or intended for human consumption. It has also initiated an economic analysis of water use in the water catchment district. All these are being conducted in order to be aligned with WFD requirements.

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  The Groundwater Directive
  

The purpose of the Groundwater Directive (GD) is to protect groundwater from direct and indirect discharges of a number of pollutants. Thus, this regulation tackles not only the problem of point source pollution but also pollution from diffuse sources. It is also understood, that this regulation does not only provide the regulative tools for protection, but is also deemed to be preventive and remedial in nature.

The Maltese Legal Notice that set the regulation of the Protection of Groundwater against Pollution caused by Dangerous Substances of 2002 (LN 203/2002), provided the instrument for the adoption into Maltese Legislation of the Groundwater Directive. This is the first local regulation that addresses directly the issue of groundwater management and protection wherein, for the first time, the definition of the term groundwater is established.

In line with the implementation of this directive, the MRA has the role to investigate the disposal or discharge of dangerous substances listed in Schedules I and II in the regulation and thus maintains the right to prohibit or grant authorisation of its disposal once it ensures that all the necessary technical precautions are respected and no harm is being done to the groundwater. For this purpose, the MRA acts not only as a regulator but also as an enforcer.

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  The Nitrates Directive
  

The Nitrate Directive (ND) has been transposed into Maltese law through Legal Notice 343/2001 relating to the Protection of waters from pollution caused by Nitrates from Agricultural Sources Regulations. The ND sets out the following requirements to be adhered to by member states, namely:-

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  the designation of Nitrate Vulnerable Zones (NVZs);
  
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  establish of a Code of Good Agricultural Practice (CoGAP) to be followed by all farmers throughout the country;
  
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  establish an Action Programme of measures for the purpose of tackling nitrate loss from agriculture;
  
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  review the extent of NVZs and the effectiveness of the Action Programmes at least every four years and to make amendments if necessary.
  

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  the national Rural and Development Plan for Malta 2007 – 2013 contributes to the implementation of the agriculture and forestry Natura 2000 network;
  
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  the Göteborg Commitment to reverse biodiversity decline by 2010; and
  
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  the WFD objectives and Kyoto Protocol, both targest for climate change mitigation.
  

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  The Urban Waste Water Treatment Directive (91/271/EEC)
  

This directive deals with the collection and treatment of urban wastewater and the disposal of sewage sludge in order to protect the environment from the adverse effects of sewage discharges. It came into force in Maltese Law by means of Legal Notice 340/2001the Urban Waste Water Treatment Regulation. In accordance with the requirements imposed by this directive, three waste water treatment plants are being currently constructed; two in Malta and one in Gozo. In October 2008, the first of these plants has been finalised and put into function. The second one should be ready by next year (2010).

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  The Drinking Water Directive (98/83/EC)
  

This is an important piece of legislation because it specifies the standards required to ensure water is safe for human consumption. This directive came into effect in 2004 through its transposition into Maltese Law as Legal Notice 23/2004 Quality of Water Intended for Human Consumption Regulation. In Malta there has been substantial investment to bring drinking water quality standards in line with the requirements of this directive. Measures to attain further improvements in drinking water quality are currently underway.

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  Discharge Related Directives
  

These directives fall under MEPA competency and aim to reduce pollution from a number of dangerous substances. The following is a list of these directives:-

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  Council Directive 76/464/EEC – Pollution Caused by Certain Dangerous Substances Discharged into the Aquatic Environment Regulations transposed into Maltese Law by means of Legal Notice 213/2001;
  
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  Directive 84/491/EEC – Limit values and quality objectives for discharges of hexachlorocyclohexane, as transposed into Maltese Law through Legal Notice 218/2001;
  
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  Directive 82/176/EEC - Limit values and quality objectives for mercury discharges by the chloro-alkali electrolysis industry, as transposed by Legal Notice 220/2001 issued under the Environment Protection Act;
  
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  Directive 84/156/EEC - Limit values and quality objectives for mercury discharges by sectors other than the chloro-alkali electrolysis industry, as transposed by Legal Notice 219/2001 issued under the Environment Protection Act;
  
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  Council Directive 83/513/EEC – Limit values and quality objectives for cadmium discharges, as transposed by Legal Notice 221/2001 issued under the Environment Protection Act;
  
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  Council Directive 86/280/EEC - Limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC, as transposed into Maltese Law by Legal Notice 227/2001.
  

When one considers that prior to EU accession there were hardly any binding legislations to ensure protection of the local water resource, Malta has managed to make great advancement with regards to Water Policy during the period spanning from date of accession to today (2004 – to date). Implementing a policy does not solely entail enforcing regulations and directives but requires also the integration and moulding of new concepts within the traditional fibres of society. It’s not an easy task, neither is it deemed popular with the people as new laws are often met with a considerable level of resistance from whomever is effected by the change. But it is the only way to ensure that the water resource is protected from further degradation and that future generations may still benefit from its sustainable use. With the proper approach and the support of appropriate incentives, the pressure placed upon society in order to conform with the new standards and collaborate with the authorities concerned in the implementation may be alleviated. In view of this, it is of the utmost importance that the various public entities involved work together to ensure a smooth administrative network that would guarantee environmentally sound and effective management of the local water resource.

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  Malta Water Resource Review; FAO; Rome 2006;
  
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  An Analysis of Maltese and EU Water Legislation in the Water Sector – Inwaterman Project; Malta Resource Authority; November 2007;
  
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  Europa Website; Environment; Water Framework Directive: http://ec.europa.eu/environment/water/water-framework/index_en.html;
  
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  Malta Environment and Planning Authority official web-site: http://www.mepa.gov.mt/;
  
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  Malta Resource Authority official web-site: http://www.mra.org.mt/;
  
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  Ministry for Resource and Rural Affairs (formerly known as Ministry for Rural Affairs and the Environment) official website; http://www.mrra.gov.mt/;
  
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  National Strategy Plan 2007 – 2013; Ministry for Resource and Rural Affairs.