Finding that Malta’s airport tax is of a discriminatory nature, the European Commission sent a reasoned opinion to Malta on the matter yesterday, and gave the government two months in which to reply.

A reasoned opinion is the second of three steps in infringement proceedings against a member state, the third and final step being a referral to the European Court of Justice.

Malta had received an infringement notice on the airport tax’s violation of EU regulations, the first step in the infringement process, on 4 July this year.

Announcing its reasoned opinion yesterday, the EC said: “The current airport tax in Malta is discriminatory as it is only levied on an air passenger beginning an international journey from Malta airport, but not levied if the passenger had started the journey outside Malta.”

The tax therefore puts an unfair burden on residents in Malta, and makes it more difficult for them to receive and provide services in other member states.”

The Commission also noted that domestic destinations, in Malta’s case the airlift between Malta and Gozo, is exempted from the airport tax. It is the Commission’s view that an airport tax should not differentiate between domestic and other intra-Community flights.

In a second reasoned opinion in a single day, Malta was also warned for a second time over its failure to comply with EU rules on maritime cabotage with respect to the Malta-Gozo ferry service, which is awarded as a public contract.

In 2004 Malta, according to the Commission, had not justified the need to conclude the exclusive public service contract with a private operator to provide maritime services to Gozo.

The EC also stressed the fact that the awarding of what is an exclusive contract to a private operator was done “without a prior tender procedure offering all interested operators equal access to the market”.

The EC highlights the regulation applying the principle of freedom to provide services to maritime transport within member states. According to the EU, member states must allow the operators concerned to operate freely in this type of market.

Exceptions to the principle are granted, the EC added, only in special circumstances where current market forces do not provide a satisfactory level of service.