Updated | Government reiterates commitment to decommission Marsa power station

Adds Labour's statement at 2:45pm and Alternattiva Demokratika's statement at 4:35pm

Adds the government's statement at 17:46

The European Commission has accused Malta of breaching two EU directives; one on industrial emissions and the other on waste packaging.

The commission warned it will take the government to the European Court of Justice if it does not receive a justified reply in regards to the breaches within two months.

The European Commission said it is concerned that Malta is failing to protect its citizens from noxious air pollution from the Marsa power plant.

Under the Large Combustion Plants Directive - legislation designed to limit the emissions of various pollutants - Malta has agreed to operate its Marsa power station for no more than 20,000 hours between 2008 and its closure date which cannot exceed 2015.

The power station, which produces some 45 % of Malta's electricity, contains four combustion plants, three of which have already passed the 20,000 hours ceiling, while the fourth is approaching the ceiling.

EU law contains no provisions for passing this ceiling, which is a final extension of earlier deadlines. While a replacement power station is nearing completion, concerns about timing remain and the Commission is of the opinion that Malta is therefore failing to protect its citizens from pollution emitted by the Marsa plants.

A letter of formal notice was sent on 28 February 2012 inviting Malta to submit its observations within two months. However, since no reply was received a further warning was sent.

In reaction, the government said that it took note of the warning issued the Commission and pointed out that it is committed towards ensuring a stable supply of electricity that meets Malta's energy demands whilst respecting the highest possible environmental obligations.

The Government said that it "has taken serious action and is continuing to invest in Malta's energy supply security while implementing measures to mitigate the negative effects of keeping the Marsa Power Station in activity pending the completion of major investment projects."

The statement also noted that the government will reply to the Commission's warning and "continue engaging in consultations with the Commission."

"In 2006 the government embarked on two major initiatives to replace the aging Marsa plant, namely, the commissioning of a new 144 MW extension of the Delimara Power Station and an interconnector to link Malta to the European electricity network," the statement read.

The government explained that contracts for these two major projects have been signed and work is well underway.

However, it added that delays in the procurement and approval processes, which were mostly due to the submission of bids which were not technically compliant, led to the commissioning dates of these projects being considerably delayed.

The government also stressed that the new 144 MW plant at Delimara has now been fully constructed and is undergoing final commissioning tests prior to it being handed over for commercial operation.

"Had the plant procurement progressed as planned, Enemalta would have been able to reduce the output from the Marsa plant by at least 50% in summer 2010, with the result that the expiry of the permitted 20,000 hours would only have taken place in 2013."

On the submarine interconnector which will connect Malta to the European electricity grid in Sicily, the government said the design of the interconnector and shore-stations have been finalised and manufacturing of the component parts for the terminal plant on shore has commenced.

"This project, which represents a further investment of €200 million, will be completed and in operation towards  the end of 2013. Permits for the work in Malta have been issued and the permitting process in Italy is close to being finalised."

It explained that the older half of the Marsa Power Station will be decommissioned once the Delimara power plant extenstion will be fully operational.

The remaining two plants will be progressively reduced and shut down when the interconnector becomes operational.

The government added that Enemalta has taken mitigating measures to reduce emissions from the Marsa Power Station. "This was achieved through the use of higher quality fuel containing lower sulphur and by making modifications to the boiler combustion system of the plants, which have resulted in lower SO2, NOx and dust levels."

The statement also said that after three of the four boilers at the Marsa power station exceeded the allocated 20,000 hours, Mepa decided on 1 March 2012 to issue penalties to Enemalta for the infringement of the LCP Directive, taking the seriousness and duration of the infringement into account. These penalties will continue to be imposed until the Marsa Power Station is shut down.

Meanwhile the Labour Party said the Commission's warning on the Marsa power plant is "another vote of no-confidence" in the GonziPN government.

Labour MP Leo Brincat said that while the tests on the Delimara power plant extension which will run on heavy fuel oil are not running smoothly, the government has been admonished for not offering the adequate protection to its citizens.

He added that this is a certificate of government's "apathy, indifference, inefficiency and bad planning."

Brincat also noted that while the interconnector is months away from completion, the Maltese people "is paying double the price" in financial and health terms.

Alternattiva Demokratika has also hit out at the governmnet's lack of vision in improving air quality and environmental and public health protection.

The Green Party spokesperson Ralph Cassar said: "This is not an issue where the EU is imposing on Malta, it is an issue of a government which has failed to adhere to commitments it agreed to itself."

Cassar pointed out that a Nationalist government had promised to close down the Marsa power station in 1994.

"Massive investment in renewables never took off, with the result that the Maltese economy is held hostage to the whims of oil producing countries. It also means that the people in the south of Malta are being subjected to experiments on a prototype power plant burning heavy fuel oil," Cassar said.

He added that even Labour is "addicted to dirty energy and keeps mentioning a coal burning plant with 'carbon capture' and peddling it as a 'clean technology'."

AD Chairperson Michael Briguglio, said: "Beyond token gestures, cheap rhetoric and energy populism of other parties, Alternattiva Demokratika insists that Malta should adopt a green new deal.

He explained that this will not only create green jobs, but will ensure that Malta's strategic energy needs are met. "As things stand Malta remains the laggard of Europe, being totally dependent on dirty energy."

On waste packaging, the European Commission expressed its concern that Malta has incorrectly implemented the definition of packaging and packaging waste in its national law, as required by EU waste legislation.

The EU directive on packaging and packaging waste covers all packaging waste regardless of the material used, and is intended to reduce the volume of waste and encourage sustainable growth.

The Commission has identified a number of shortcomings in Malta's transposition of the Directive, including a provision which suggests that the Maltese legislation only applies to products directly placed on the Maltese market, thus excluding products initially placed on the market in other Member States and then brought to Malta.

As a result, not all packaging waste would be properly treated according to the Directive's requirements for re-use, recovery and collection.