Air quality in Malta : transposition and implementation of the EU environmental acquis

Abstract

Ambient air quality is one of the most important environmental topics at a European level. Ever since the introduction of the Four Daughter Directives, there has been a large number of directives and regulations with regards to the subject. In this dissertation, the author outlines all the legislation on a European Union level briefly, before specifically addressing the effects it has on the Member State of Malta, especially in terms of public costs and public health. A particular importance is placed on Directive 2008/50/EC of the European Commission, a directive which streamlines three of the four Daughter Directives into one legislative acts, and updates the values which the member states must respect and attain within a specified time limit. Considering the dissertation is particularly focused on the transposition of the aforementioned directive into Maltese legislation, a general comparison of the two documents is held to determine the similarities, or lack thereof, between the two documents, in order to understand the legislator's intentions when implementing the European directive in Malta. Furthermore, the national legislation is then examined from a holistic point of view with respect to responsibilities and actions it demands from the national institutions, and whether it is indeed implemented correctly and complied with. After employing a qualitative analysis between the European directive and the national law which transposes it through document analysis, it was found that the transposition was one carried out using a method referred to as literal transposition, in which the wording and limit values, target values and long-term objectives together with data quality standards were identical in both documents. Furthermore, a further qualitative analysis of the national legislation found that in some instances, certain responsibilities and measures required by law from the national legislation were not being carried out effectively.