It has been a tough week for the Maltese authorities’ relations with the European Commission, with Malta having been dealt out no less than six infringement warnings in just two days and a seventh expected to be issued in the near future.

The first was a long-awaited final warning on Malta’s controversial departure tax followed by warnings over its failure to liberalise Enemalta’s energy monopoly, a new warning on the Birds Directive and another slap on the wrist for failing to fully transpose an EU directive drawn up in the wake of the environmentally-disastrous sinking of the Maltese-flagged Erika oil tanker.

Malta can also expect, in the near future, a first warning on violations of both the Habitats and Environmental Impact Assessment Directives with respect to the Ulysses Lodge and Nadur cemetery developments straddling either side of Ramla Bay, Gozo.

On Wednesday, the European Commission deemed Malta’s departure tax as “discriminatory” and stated it would take Malta to the European Court of Justice (ECJ) over the imposition of the remaining Lm10 departure tax, after two previous replies from Malta on the issue were deemed unsatisfactory justifications of the tax.

The tax, the EC insists, places an unfair burden on residents of Malta. As the Commission pointed out, “The airport tax is discriminatory as it is only levied on air passengers beginning an international journey from Malta airport, but not levied if the passenger had started the journey outside Malta.

While Malta is heading for an appearance before the ECJ for violating the Birds Directive by allowing spring hunting for four consecutive seasons since EU accession, Malta received the first written warning for failing to designate enough Special Protection Areas (SPAs) for migratory and vulnerable wild bird species.

The case against Malta concerns a failure to designate a sufficient number as SPAs and Malta will be required to scientifically clarify the disparity. Malta has so far designated 12 SPAs covering four per cent of the total land area. The issue at hand appears to be an area on the outskirts of Zurrieq west of Wied ix-Xoqqa to Wied Moqbol. The area, according to The Malta Planning and Environment Authority, was not designated an SPA due to the fact that it stands adjacent to an industrial estate, making such a designation particularly problematic in view of issues of proximity.

Malta also received a reasoned opinion, the second of three legal steps the EC takes against member States, for the incorrect transposition of a directive establishing a Community system to monitor the traffic of ships in European waters, which Malta was meant to transpose upon membership in May 2004.

The directive had been drawn up in direct response to the ecological disaster created by the sinking of the Maltese flagged oil tanker – the Erika – and sets out an obligation to notify maritime authorities when a ship is carrying dangerous or polluting cargos as well as to intervene in the event of accidents at sea. As such, the directive obliges member States to draw up plans to accommodate ships in distress in their coastal waters.

In the financial sector, Malta received reasoned opinions on the Capital Requirements and the Markets in Financial Instruments Directives.

Malta was also given two months to remove Enemalta’s monopoly on the importation, storage and wholesale of petroleum products, and was warned that a failure to comply within the timeframe will land Malta before the European Courts of Justice.

Addressing the matter this week, EU Competition Commissioner Neelie Kroes was less than complimentary in Malta’s respect: “Malta is maintaining discriminatory measures in favour of the commercial State monopoly which stop any potential new entrants from getting into the wholesale petroleum market. On accession, Malta committed itself to adapt its rules. Eighteen months after this should have been done, it is clearly now urgent that the necessary changes are made.”

Finally, a new infringement process is expected to begin in the near future, with the EC’s Directorate-General environment stating its intention to open a formal complaint against Malta and will seek clarifications from the Maltese authorities with respect to two developments overlooking either side of Gozo’s Ramla Bay – the Ulysses Lodge and Nadur cemetery projects.

The DG Environment has carried out a first preliminary assessment of the developments and finds that “on the basis of this assessment we have decided to open a new complaint against Malta and will seek clarification from the Maltese authorities with regard to the issues raised”.

On the basis of its assessment, DG Environment has formed the opinion Malta has breached both the Habitats as well as the Environmental Impact Assessment Directives with respect to Ramla Bay.