The European Court of Justice has found Malta to be in breach of its EU obligations over discharges from waste water treatment plants, with the court finding that two treatment plants did not have the necessary capacity to ensure that all water was properly treated.

In a ruling issued on Wednesday, the ECJ said that "the discharges from treatment plants of the agglomerations of Malta South and Malta North still did not have the capacity to ensure treatment, in particular secondary treatment, of all urban waste water entering the treatment plants of those agglomerations."

The Malta South treatment plant referred to is in Xghajra while the Malta North treatment plant is the Ic-Cumnija plant in Mellieha.

"Moreover, the two treatment plants of the agglomerations of Malta South and Malta North still did not have the capacity to ensure that all the urban waste water 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 said.

Additionally, some of the urban waste water discharges from Malta North plant was still not being treated and did not undergo more stringent treatment, the ECJ added.

In its considerations, the ECJ noted how the expiry of the period that Malta had to be compliant by was in 2017, and said that Malta did not dispute that the capacity of the aforementioned treatment plants was, at that date, insufficient.

The ECJ said that Malta had said that the overloading of the plants resulted from agricultural waste entering and that their compliance with the requirements of EU directives 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.

In a statement after the judgement was issued, the Environment Ministry said that it had noted its contents and a comprehensive analysis of it was underway to determine the appropriate next steps.

The Ministry noted that the ruling handed down today 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.

"This Government has been addressing the concerns in a holistic manner and made significant investments to enhance the capacity and operational efficiency of urban waste-water treatment plants across Malta and Gozo," the ministry said.

It continued that the Government has already made significant upgrades to address the urban wastewater treatment challenges. In the Malta North Agglomeration, improvements include increasing the capacity of the Ċumnija UWWTP in 2014 and 2015, with further upgrades completed in 2023, such as the partial disconnection of farmyard waste. It added that 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.

For the Malta South Agglomeration, the ministry said that it is in the process of delivering energy-efficient aeration improvements. "These measures show Government's ongoing efforts to ensure compliance with EU standards and improve wastewater management across the country."

In addition, the ministry said that it has been actively working to segregate farm waste from urban wastewater, and plans for a dedicated facility for the collection and processing of agricultural and animal waste are also currently underway.

It added that 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.

"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 ministry said. 

In fact, a Prior Information Notice (PIN) was published in the EU Official Journal to inform potential suppliers about the upcoming tender earlier this month. 

"The Government remains committed to improving Malta's wastewater management infrastructure, ensuring compliance with European Union legislation, and safeguarding the environment."

Nationalist Party statement

The Nationalist Party in a statement said that the ECJ’s decision is “another certificate that the Government is continuously disregarding the environment and public health.”

 It said that the PN had pointed out what the ECJ found time and time again, but Prime Minister Robert Abela and the responsibile minister have always continued to “persist in denying that their politics have created a problem to Malta’s sewage system”, even choosing to attack the PN instead.

 “Prime Minister Robert Abela had denied that sewage is being dumped into the sea and accused the PN of being populist, while stating that he is satisfied with the sewage system in our country. He had also attacked PN Leader Bernard Grech, accusing him of being deceitful,” the PN said.

“The European Court exposed his lies when it said that Malta did not dispute the fact that the capacity of the treatment plants, as at 2017, was insufficient. Labour says one thing to the Maltese people and reports the opposite to Brussels,” the PN said.

The PN noted that the judgement even went on to say that Malta will not be able to comply with its requirements until 2026. This means that Malta’s seas, once classified as the cleanest in the European Union, are destined to continue being polluted with untreated discharges.

 The European Court of Justice's reference to farm waste shows that Government has ignored this challenge for years, only to become a national problem, exacerbating further the sewage problem. Yet more evidence of the Government’s lack of vision, the party said. 

“As experts continue to point out, the current sewage system is overwhelmed, partly due to the sharp rise in population. The government’s denial of the problem, coupled with its failure to act, leaves Malta at risk of further environmental damage, legal penalties, and serious health issues for its citizens,” it continued. 

“The people of Malta deserve a government that takes these challenges seriously. The Partit Nazzjonalista will continue to push for solutions based on a new economic model, whilst holding the government accountable for its failures. The time for excuses and denials is over – it is time for urgent action to protect Malta’s environment and public health.”

The statement was signed by MPs Rebekah Borg, Ryan Callus, and Toni Bezzina.

'It is not true that sewage is being dumped into the sea' - PL

In response, the Labour Party said that the PN "is trying to make political capital out of a European Court ruling based on a situation from seven years ago."

"Not only has the Ministry for the Environment, Energy, and Grand Harbour Regeneration already spoken about the initiatives that have been taken and are being taken on this issue, but the situation has greatly improved, and the country will continue to make progress with a clear plan in place for the coming years."

"Additionally, from the side of the Ministry for Agriculture, Fisheries, and Animal Rights, we have seen an important step where manure is now being treated separately from the urban sewage system through an agreement with farmers. Thus, it is a lie from the Leader of the Opposition that sewage is being dumped into the sea. In fact, reports from European institutions consistently rank the quality of our seawater among the best."

"Since 2017, the year referenced by the European Court, substantial investments and changes have been made in the sewage sector, which are now bearing fruit. These are changes that should have been made earlier, as the country had a 2007 deadline to implement them, and it was the Labour Government that began carrying them out," the PL said.