EUROPEAN PARLIAMENT
2009 - 2014
Committee on Petitions
29.9.2014
NOTICE TO MEMBERS
Subject:
1.
Petition 1550/2010 by P.G. (Maltese), on alleged environmental damage and
threat to human health from Palumbo Shipyards in Malta
Summary of petition
The shipyard is situated in a very densely populated area. Ships under maintenance undergo
round-the-clock sandblasting without any efforts to contain paint and rust particles and
prevent them from spreading over inhabited areas and the marine environment. The
population also suffers from noise pollution. The petitioner asks the Parliament for scrutiny of
what he considers a blatant violation of protection of the environment and human health.
2.
Admissibility
Declared admissible on 23 March 2011. Information requested from Commission under Rule
202(6).
3.
Commission reply, received on 6 May 2011.
As little substantive, factual information is provided by the petitioner, the Commission is
unable to identify the legislation that may prove applicable to the activities at the shipyards.
The IPPC Directive, 96/61/EC, 1 or the VOC Solvents Directive, 1999/13/EC,2 might be
called into play depending on the precise activities being carried out and to what extent and
density.
Malta currently complies with air quality standards as regards PM10 levels. Noise pollution at
1
2
OJ L 257, 10.10.1996.
OJ L85, 29.3.1999.
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ports which are situated within agglomerations are subject to noise mapping but this is not the
case regarding this shipyard.
If the petitioner were to provide more complete information concerning the disturbance
caused by the operation of the shipyard and its effect on the Grand Harbour and the
surroundings, the Commission will look further into the case.
4.
Commission reply (REV), received on 16 November 2011.
Noise pollution
The environmental noise directive 2002/49/EC1 requires that Member States establish
strategic noise maps inter-alia for major agglomerations with more than 250 000 inhabitants
and to draw up action plans for those mapped agglomerations. The definition of the measures
contained in the plans and the establishment of noise limit values lie within the competence of
the Member States.
With regard to the boundaries of the Maltese agglomeration for the purpose of the END and
the subsequent obligation to map that area, the Commission has brought an action to the
European Court of Justice against the Republic of Malta (C-178/11) for failure to establish
strategic noise maps. It is the prerogative of the European Court of Justice to decide on the
matter and give a binding interpretation of EU law.
Air quality
As regards PM10, the ambient air quality directive 2008/50/EC2 provides for a daily limit
value of 50µg/m³, not to be exceeded more than 35 times during a calendar year and an
annual average limit value of 40µg/m³. Member States have to keep PM 10 concentration
levels below those values over the whole territory. If they exceed the limit values, Member
States are obliged to establish air quality plans setting out appropriate measures so that the
exceedance period can be kept as short as possible.
According to Article 27 of this directive, Member States have to make available an annual air
quality report no later than nine months after the end of each year. The Commission has not
yet received validated data for the years 2010 and 2011. Only on the basis of the information
to be provided in those reports will the Commission be able to evaluate whether or not Malta
is in breach of the ambient air quality directive, and if so, to define the appropriate
enforcement actions to be taken.
According to the official statement received by the Maltese authorities on air quality in 2009,
the whole territory complies with the pollutant limit values regulated in Directive
2008/50/EC3. Furthermore, according to publicly available information, the Maltese
authorities have adopted an air quality plan4.
1
OJ L 189, 18.7.2002, p.12.
OJ L 152, 11.6.2008, p.1.
3
OJ L 152, 11.6.2008, p.1.
4
http://www.mepa.org.mt/air-publications.
2
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Other, potentially applicable, legislation
IPPC Directive
Directive 2008/1/EC concerning integrated pollution prevention and control1 (IPPC Directive)
requires installations falling under its scope to operate in accordance with permits including
emission limit values based on the best available techniques (BAT), designed to prevent and,
where that is not practicable, generally to reduce emissions and the impact on the environment
as a whole. The prevention or reduction of emissions to air, water and soil should, therefore,
be dealt with in the environmental permits issued in accordance with the IPPC Directive.
Annex I of the IPPC Directive lists the categories of industrial activities which fall within the
scope of this directive. This includes installations for the surface treatment of substances,
objects or products using organic solvents, in particular for dressing, printing, coating,
degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption
capacity of more than 150 kg per hour or more than 200 tonnes per year.
Based on the information submitted by the petitioner, it cannot be determined whether there
are any such activities on the Palumbo site, and whether, the installation would fall within the
scope of the IPPC Directive.
VOC Directive
Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the
use of organic solvents in certain activities and installations2 (VOC Directive) has as its
purposes to prevent or reduce the direct and indirect effects of emissions of volatile organic
compounds into the environment, mainly into air, and the potential risks to human health, by
providing measures and procedures to be implemented for the activities defined in its Annex
I. Based on the information submitted by the petitioner, it cannot be determined whether there
are any activities (coating) covered by this Annex I going on in the Palumbo site, and
whether, therefore, the installation falls within the scope of the VOC Directive.
A judgement from the Court is awaited in case C-178/11. The Commission cannot at this
stage identify a breach of Directive 2008/50/EC.
5.
Commission reply (REV.II), received on 27 June 2012.
On 22 September 2011, the Commission services wrote to the Maltese authorities requesting
information and clarification with regard to the ongoing activities in the Palumbo shipyard in
Malta. According to the petitioner, current grit blasting of ships is causing serious air
pollution.
In particular, in the above-mentioned letter, the Commission services requested information
with regard to the following questions:-
1
2
OJ L 24, 29.1.2008., p. 8.
OJ L 85, 29.3.1999, p. 1.
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a) whether or not there is any activity covered by the IPPC1 and/or the Solvent Emissions
Directive2;
b) if the answer to the above question a) is positive, whether the installation has been
granted an integrated permit issued in accordance with the IPPC Directive or an
authorisation in accordance with the Solvent Emissions Directive, or has been
registered in accordance with this latter directive;
c) how permit conditions have been set in relation to the provisions of the directives and,
if applicable, in relation with the relevant BAT reference documents (BREFs);
d) whether or not the permit conditions have been complied with by the operator;
e) whether or not inspection and enforcement actions have recently been taken regarding
the functioning of the installation, together with a description of these actions.
In addition, a copy of the permit for the installation was requested.
In the absence of any reply from the Maltese authorities, the issue was subsequently raised
again in a letter of 29 March 2012, giving the Maltese authorities one month to reply.
The Commission is awaiting the reply, which, to date, has not yet been received.
6.
Commission reply (REV III), received on 28 September 2012.
The Commission's observations
The Maltese authorities replied to the Commission's request for information as follows:The Palumbo shipyard does not fall under the scope of the IPPC Directive (2008/1/EC). The
shipyard was granted a Solvent VOC Emission Permit in 2008 in accordance with Directive
1999/13/EC.
Complaints from residents about the emissions of grit dust and noise were sent to the
competent authorities in December 2010. After assessment, the operator was allowed to
resume grit blasting operations in three out of the four docks, provided that mitigating
measures were taken. A new environmental permit will soon be issued and it will set out these
mitigating measures and monitoring requirements. As regards noise, the competent authority
will also request the operator to carry out a noise monitoring exercise and to submit a
proposal for an action plan to reduce noise. The environmental permit has been drafted and
sent to the operator for comments; it will then be subject to consultations with the local
council. The complaints regarding the shipyard will be discussed with the Maltese authorities
during a planned visit to be carried out in October 2012.
1
Directive 2008/1/EC concerning integrated pollution prevention and control (IPPC).
Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic
solvents in certain activities and installations.
2
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Conclusion
The Commission will fully assess the situation once the environmental permit has been
issued.
7.
Commission reply (REV IV), received on 30 October 2013.
The Maltese authorities replied to the Commission's request for information concerning the
noise around the shipyard and reported that the local authorities have received a noise
monitoring proposal from the operators and has carried out consultations with the relevant
local councils. The authorities asked the operators for an updated proposal which will be
submitted to the local council for the review. The local authorities informed the Commission
that once the noise data is available, an action plan will be developed.
The Commission will continue to follow the situation.
8.
Commission reply (REV V), received on 29 September 2014.
The Commission has not received any new information from the Maltese authorities.
The Commission will continue to follow the situation.
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