An analysis of the legal implementation of the EU water framework directive in Malta

Abstract

With its innovative format, the European Water Framework Directive (WFD) revolutionised water management in all Member States of the European Union. For the first time, a legal framework was set up not only for the melioration of water resources, but also for the protection of all water bodies from deterioration. The principle objective of this flexible ‘new generation’ Directive is the achievement of ‘good status’ for all water bodies within the River Basin Districts of all EU Member States. The accomplishment of this ambitious venture, however, necessitates the correct implementation not only of the WFD itself, but of numerous other related Directives. As the original target of achieving ‘good status’ by 2015 was not even close to being met, a legal study of the main concepts and the difficulties met throughout the implementation process was required.

This dissertation thus offers an analysis of the main objectives of the WFD and the roles played by the related Directives in their achievement. Various infringement cases, including ones involving Malta, are studied in order to identify the main obstacles hindering the Directive’s implementation. Malta’s level of compliance is evaluated by comparing these obstacles with the main difficulties being met by the Maltese Authorities and how these are being addressed through various projects and other planned measures.