EU Court finds Malta in breach of its wastewater treatment obligations

Malta was found in breach of its EU obligations on sewage discharges, with the European Court of Justice finding that both the island’s south and north plants did not have the capacity to ensure the secondary treatment of all urban wastewater entering the treatment plants of those agglomerations.

Since 2016, the European Commission has accused Malta of not fulfilling its obligations under the Urban Wastewater Treatment Directive (UWWTD),

The ECJ said that by the expiry of the Commission’s reasoned opinion to Malta in 2017, the two treatment plants then still did not have the capacity to ensure that all the urban wastewater entering it is treated as to have a sufficient yield under all the normal climatic conditions of the place where they are located, irrespective of whether seasonal variations.

The ECJ assessed Malta’s position as at October 2017 and the Court stated that changes and improvements that followed thereafter could not be taken into account.

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Malta did not dispute that the capacity of those treatment plants was, at that date, insufficient. It only stated that the overloading of those plants resulted from the entry into them of agricultural waste and that their compliance with the requirements of that directive will not be ensured until 2026 in the case of the agglomeration of Malta South and, probably, at the end of 2025 in the case of that of Malta North.

The ECJ said a Member State cannot rely on difficulties of a domestic nature to justify its failure to comply with obligations under EU law.

The Maltese government said a comprehensive analysis of the judgment is currently underway to evaluate its implications. Malta’s Treaty of Accession to the European Union provided for a transitional period with a final compliance deadline that lapsed on 31 March 2007.

Environment and energy minister Miriam Dalli said Malta had carried out significant investments to enhance the capacity and operational efficiency of urban wastewater treatment plants.

In the Malta North Agglomeration, improvements include increasing the capacity of the Ċumnija plant in 2014 and 2015, with further upgrades completed in 2023, such as the partial disconnection of farmyard waste.

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Major upgrades are planned for 2024, including a significant capacity boost and the installation of a new Membrane Aerated Biofilm Reactor plant to enhance treatment performance.

In the south, new energy-efficient aeration improvements will ensure compliance with EU standards and improve wastewater management across the country.

Dalli said the government has also been actively working to segregate farm waste from urban wastewater, with plans for a dedicated facility for the collection and processing of agricultural and animal waste also currently underway.

The Government has also agreed with farmers to transport manure to the Sant’Antnin treatment plant in Marsaskala, where it is separated into solid and liquid parts.

“This system is working well with positive results,” Dalli said. “After a market consultation, a cost-benefit analysis identified the best method for processing animal waste. A public tender for building farm waste treatment plants will be issued soon. These plants will separate and process manure to produce fertilisers and other useful by-products.

“The government remains committed to improving Malta’s wastewater management infrastructure, ensuring compliance with European Union legislation, and safeguarding the environment.”