303 tal-2018

L.N. 303 of 2018

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Limitation of Emissions of Certain Atmospheric Pollutants

Regulations, 2018

BY VIRTUE of the powers conferred by articles 54 and 55 of the

Environment Protection Act, the Minister for the Environment,

Sustainable Development and Climate Change, in consultation with

the Environment and Resources Authority, has made the following

regulations:-

The title of these regulations is the Limitation of Emissions

of Certain Atmospheric Pollutants Regulations, 2018.

(Regulation 6)

Monitoring and Reporting of Atmospheric Emissions

Table A. Reporting of annual emissions pursuant to sub-regulation (1)

of regulation 6

Element

Pollutant

Time series

Reporting

Reporting dates

Requirement

Gaseous Pollutants

SO 2

compulsory

Total national

Annual from

NO x

compulsory

emissions by

1990 to

15 February

NMVOC

compulsory

NFR( 1 ) source

reporting year

NH 3

compulsory

minus 2 (X-2)

category( 2 ).

CO

compulsory

Particulate Matter

PM 10 ( 3 )

compulsory

Total national

Annual from

PM 2,5

compulsory

emissions by

15 February

2000 to

BC (if

NFR( 1 ) source

reporting year

compulsory

available)

minus 2 (X-2)

category( 2 ).

TSP

optional

15 February

Heavy Metals

Cd( 4 )

compulsory

Hg( 5 )

compulsory

Pb( 6 )

compulsory

As and its

optional

compounds

Cr and its

Total national

Annual from

optional

compounds

emissions by

1990 to

15 February

NFR( 1 ) source

Cu and its

reporting year

optional

compounds

minus 2 (X-2)

category( 2 ).

Ni and its

optional

compounds

Se and its

optional

compounds

Zn and its

compulsory

compounds

Persistent Organic Pollutants (POPs)

Benzo(a)pyre

compulsory

ne

Benzo(b)fluo

compulsory

ranthene

Benzo(k)fluo

compulsory

Total national

ranthene

Annual from

emissions by

Indeno(1,2,3-

1990 to

compulsory

NFR( 1 )

15 February

cd)pyrene

reporting year

source

Total

minus 2 (X-2)

compulsory

category( 2 ).

PAHs( 7 )

Dioxins/

compulsory

Furans

PCBs( 8 )

compulsory

HCB( 9 )

compulsory

( 1 )Nomenclature for reporting (NFR) as provided by the LRTAP Convention.

( 2 )Natural emissions shall be reported in accordance with the methodologies laid down in the

LRTAP Convention and the EMEP/EEA air pollutant emission inventory guidebook. They

shall not be included in national totals and shall be separately reported.

( 3 )"PM 10 " means particles with an aerodynamic diameter equal to or less than 10µm.

( 4 )Cadmium.

( 5 )Mercury.

( 6 )Lead.

( 7 )Polyaromatic hydrocarbons.

( 8 )Polychlorinated biphenyls.

( 9 )Hexachlorobenzene.

Table B. Reporting requirements on emissions and projections

pursuant to sub-regulations (2) and (3) of regulation 6

Element

Pollutants

Time series/target

Reporting dates

years

SO 2 , NO x , NMVOC,

National gridded

CO, NH 3 , PM 10 , PM 2,5

data of emissions

Every four years for

Cd, Hg and Pb.

1 May( 1 )

by source

reporting year minus 2

Total PAHs, HCB,

category

(X-2) as from 2017

PCBs, dioxins/furans

(GNFR)

BC (if available)

SO 2 , NO x , NMVOC,

Large Point

CO, NH 3 , PM 10 , PM 2,5

Sources (LPS)

Every four years for

Cd, Hg and Pb.

1 May( 1 )

by source

reporting year minus 2

Total PAHs, HCB,

category

(X-2) as from 2017

PCBs, dioxins/furans

(GNFR)

BC (if available)

SO 2 , NO x , NMVOC,

Biennial, covering

Projected

projections years 2020,

CO, NH 3 , PM 10 , PM 2,5

emissions by

2025, 2030 and where

15 March

BC (if available)

aggregated NFR

available, 2040 and 2050

as from 2017

( 1 ) re-submissions due to errors shall be provided within our weeks and include a clear

explanation of the changes made.

Table C. Reporting requirements on informative inventory report

pursuant to sub-regulation (4) of regulation 6

Element

Pollutants

Time series/target years

Reporting dates

SO 2 , NO x , NMVOC, CO,

All years from 1990

onwards

NH 3 , PM 10 , PM 2,5

Cd, Hg and Pb.

All years from 1990

onwards

BC

All years from 2000

onwards

TSP

All years from 2000

onwards

Informative

Total PAHs,

All years from 1990

Inventory

15 March

benzo(a)pyrene,

onwards

Report

benzo(b)fluoranthene,

benzo(k)fluoranthene,

indeno(1,2,3-cd)pyrene

HCB, PCBs, dioxins/

furans

If available: As, Cr, Cu,

All years from 1990

Ni, Se, and Zn and their

onwards

compounds.

(1) These regulations provide for the implementation of

Directive (EU) 2016/2284 of the European Parliament and of the

Council of 14 December 2016 on the reduction of national emissions

of certain atmospheric pollutants, amending Directive 2003/35/EC and

repealing Directive 2001/81/EC (hereinafter referred to as "Directive

(EU) 2016/2284"), and the Protocol to Abate Acidification,

Eutrophication and Ground-level Ozone to the LRTAP Convention as

amended.

(2) These regulations apply to emissions from all sources

occurring in the territory of Malta.

(Regulation 5)

Content of the Air Pollution Control Programmes in regulation 5

Part 1. Minimum content of the Air Pollution Control Programme

1. The initial national air pollution control programmes

referred to in regulation 5 shall at least cover the following

content

(a)

the air quality and pollution policy framework in

which context the programme has been developed,

including

(i)

the policy priorities and their relationship to

priorities set in other relevant policy areas,

including climate change and, when

appropriate, agriculture, industry and transport;

(ii)

the responsibilities attributed to authorities

other than the competent authority;

(iii) the progress made by current policies and

measures in reducing emissions and improving

air quality, and the degree of compliance with

national and European Union obligations;

(iv) the projected further evolution assuming no

change to already adopted policies and

measures;

(b)

the policy options considered to comply with the

emission reduction commitments for the period

between 2020 and 2029 and for 2030 onwards and the

intermediate emission levels determined for 2025 and

to contribute to further improve the air quality, and

their analysis, including the method of analysis;

where available, the individual or combined impacts

of the policies and measures on emission reductions,

air quality and the environment and the associated

uncertainties;

(c)

the measures and policies selected for adoption,

including a timetable for their adoption,

implementation and review and the competent

authorities responsible;

(d)

where relevant, an explanation of the reasons why the

indicative emission levels for 2025 cannot be met

without measures entailing disproportionate costs;

(e)

where relevant, an account of the use of the

flexibilities set out in Article 5 of Directive (EU)

2016/2284 and any environmental consequences

arising from such use;

(f)

an assessment of how selected policies and measures

ensure coherence with plans and programmes set up

in other relevant policy areas.

2. The national air pollution control programme updates

referred to in regulation 5 shall at least include

(a)

an assessment of the progress made with

implementation of the programme, the reduction of

emissions and the reduction of concentrations;

(b)

any significant changes in the policy context,

assessments, the programme or the implementation

timetable thereof.

Part 2. Emission reduction measures referred to in sub-regulation

(2) of regulation 5.

The UNECE Guidance Document on Preventing and Abating

Ammonia Emissions from Agricultural Sources of 2014 (the

‘Ammonia Guidance Document’), together with the best available

techniques in accordance with Directive 2010/75/EU of the European

Parliament and of the Council of 24 November 2010 on industrial

emissions (integrated pollution prevention and control) (Recast), shall

be taken into account in order to comply with the emission reduction

commitments contained in regulation 4.

Measures to control ammonia emissions.

1. An advisory code of good agricultural practice shall be

established to control ammonia emissions, taking into

account the UNECE Framework Code for Good

Agricultural Practice for Reducing Ammonia Emissions of

2014, covering at least the following items

(a)

nitrogen management, taking into account the whole

nitrogen cycle;

(b)

livestock feeding strategies;

(c)

low-emission manure spreading techniques;

(d)

low-emission manure storage systems;

(e)

low-emission animal housing systems;

(f)

possibilities for limiting ammonia emissions from the

use of mineral fertilisers.

2. A national nitrogen budget may be established in order to

monitor the changes in overall losses of reactive nitrogen

from agriculture, including ammonia, nitrous oxide,

ammonium, nitrates and nitrites, based on the principles set

out in the UNECE Guidance Document on Nitrogen

Budgets.

3. The use of ammonium carbonate fertilisers shall be

prohibited and ammonia emissions from inorganic

fertilisers may reduced by using the following approaches

(a)

replacing urea-based fertilisers by ammonium nitrate-

based fertilisers;

(b)

where urea-based fertilisers continue to be applied,

using methods that have been shown to reduce

ammonia emissions by at least 30 % compared with

the use of the reference method, as specified in the

Ammonia Guidance Document;

(c)

promoting the replacement of inorganic fertilisers by

organic fertilisers and, where inorganic fertilisers

continue to be applied, spreading them in line with

the foreseeable requirements of the receiving crop or

grassland with respect to nitrogen and phosphorus,

also taking into account the existing nutrient content

in the soil and nutrients from other fertilisers.

4. Ammonia emissions from livestock manure may be

reduced by using the following approaches

(a)

reducing emissions from slurry and solid manure

application to arable land and grassland, by using

methods that reduce emissions by at least 30 %

compared with the reference method described in the

Ammonia Guidance Document and on the following

conditions

(i)

only spreading manures and slurries in line with

the foreseeable nutrient requirement of the

receiving crop or grassland with respect to

nitrogen and phosphorous, also taking into

account the existing nutrient content in the soil

and the nutrients from other fertilisers;

(ii)

not spreading manures and slurries when the

receiving land is water saturated, flooded,

frozen or snow covered;

(iii) applying slurries spread to grassland using a

trailing hose, trailing shoe or through shallow or

deep injection;

(iv) incorporating manures and slurries spread to

arable land within the soil within four hours of

spreading;

(b)

reducing emissions from manure storage outside of

animal houses, by using the following approaches

(i)

for slurry stores constructed after 1 January

2022, using low emission storage systems or

techniques which have been shown to reduce

ammonia emissions by at least 60 % compared

with the reference method described in the

Ammonia Guidance Document, and for existing

slurry stores at least 40 %;

(ii)

covering stores for solid manure;

(iii) ensuring farms have sufficient manure storage

capacity to spread manure only during periods

that are suitable for crop growth;

(c)

reducing emissions from animal housing, by using

systems which have been shown to reduce ammonia

emissions by at least 20 % compared with the

reference method described in the Ammonia

Guidance Document;

(d)

reducing emissions from manure, by using low

protein feeding strategies which have been shown to

reduce ammonia emissions by at least 10 % compared

with the reference method described in the Ammonia

Guidance Document.

Emission reduction measures to control emissions of

fine particulate matter and black carbon.

1. Without prejudice to Annex II on cross-compliance of

Regulation (EU) No 1306/2013 of the European Parliament

and of the Council of 17 December 2013 on the financing,

management and monitoring of the common agricultural

policy and repealing Council Regulations (EEC) No 352/

78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000,

(EC) No 1290/2005 and (EC) No 485/2008, the open field

burning of agricultural harvest residue and waste and forest

residue may be banned.

The implementation of any ban implemented in accordance

with the first sub-paragraph, shall be monitored and

enforced. Any exemptions to such a ban shall be limited to

preventive programmes to avoid uncontrolled wildfires, to

control pest or to protect biodiversity.

2. An advisory code of good agricultural practice may be

established for the proper management of harvest residue,

on the basis of the following approaches

(a)

improvement of soil structure through incorporation

of harvest residue;

(b)

improved techniques for incorporation of harvest

residue;

(c)

alternative use of harvest residue;

(d)

improvement of the nutrient status and soil structure

through incorporation of manure as required for

optimal plant growth, thereby avoiding burning of

manure (farmyard manure, deep-straw bedding).

C.

Preventing impacts on small farms.

The impacts on small and micro farms shall be taken into account

fully when measures such as the ones outlined in Sections A and

B are taken.

For instance small and micro farms can be exempt from these

measures where possible and appropriate in view of the

applicable reduction commitments.

For the purpose of these regulations and unless the context

otherwise requires:-

"Act" means the Environment Protection Act;

"air quality objectives" means the limit values, target

values and exposure concentration obligations for air quality set

out in the Ambient Air Quality Regulations;

"anthropogenic emissions" means atmospheric emissions

of pollutants associated with human activities;

"the Authority" or "competent authority" means the

Environment and Resources Authority established under article 6

of the Act;

"black carbon" or "BC" means carbonaceous particulate

matter that absorbs light;

"emission" means the release of a substance from a point

or diffuse source into the atmosphere;

"emission limits" means the maximum amount of the

pollutant in tonnes, which can be emitted in the atmosphere by

the specified date of compliance;

"emission reduction" means the percentage reduction in the

emission of the pollutant relative to total emissions of the same

pollutant in 2005, to be achieved by the specified date of

compliance;

"fine particulate matter" or "PM 2,5 " means particles with an

aerodynamic diameter equal to or less than 2,5 micrometres

(μm);

"international maritime traffic" means journeys at sea and

in coastal waters by water-borne vessels of all flags, except

fishing vessels, that depart from the territory of one country and

arrive in the territory of another country;

"landing and take-off cycle" or "LTO" means the cycle that

includes taxi in and taxi out, take-off, climb out, approach,

landing and all other aircraft activities that take place below the

altitude of 3,000 feet;

"LRTAP Convention" means the Convention on Long-

Range Transboundary Air Pollution;

"national emission reduction commitment" means Malta’s

obligation in the reduction of emissions of a substance; it

specifies the emission reduction that as a minimum has to be

delivered in the target calendar year, as a percentage of the total

of emissions released during the base year (2005);

"nitrogen oxides" or "NO x " means nitric oxide (NO) and

nitrogen dioxide (NO 2 ), expressed as nitrogen dioxide;

"non-methane volatile organic compounds" or "NMVOC"

means all organic compounds other than methane, that are

capable of producing photochemical oxidants by reaction with

nitrogen oxides in the presence of sunlight;

"ozone precursors" means nitrogen oxides, non-methane

volatile organic compounds, methane, and carbon monoxide;

"sulphur dioxide" or "SO 2 " means all sulphur compounds

expressed as sulphur dioxide, including sulphur trioxide (SO 3 ),

sulphuric acid (H 2 SO 4 ), and reduced sulphur compounds such as

hydrogen sulphide (H 2 S), mercaptans and dimethyl sulphides.

(Regulation 6)

Methodologies for the preparation and updating of

atmospheric

emission

inventories

and

projections,

informative inventory reports referred to in regulation 6.

An atmospheric emissions inventory shall be prepared for the

pollutants referred to in the First Schedule. The atmospheric

emissions inventories, emission projections, spatially

disaggregated atmospheric emission inventories, large point

source inventories and informative inventory reports, shall be

prepared using the methodologies adopted by Parties to the

LRTAP Convention (EMEP Reporting Guidelines). In addition,

atmospheric emissions inventories shall be prepared using the

EMEP/EEA air pollutant emission inventory Guidebook (EMEP/

EEA Guidebook). Supplementary information, in particular the

activity data, needed for the assessment of the atmospheric

emission inventories and projections shall be prepared in

accordance with the same guidelines. Reliance upon the EMEP

Reporting Guidelines is without prejudice to the additional

arrangements specified in this Schedule and to the requirements

on reporting nomenclature, time series and reporting dates

specified in the First Schedule.

Part 1. National annual emission inventories

1. National emission inventories shall be transparent,

consistent, comparable, complete and accurate.

2. Emissions from identified key categories shall be

calculated in accordance with the methodologies defined in

the EMEP/EEA Guidebook and with the aim of using a Tier

2 or higher (detailed) methodology. Other scientifically

based and compatible methodologies for establishing

atmospheric emission inventories may be used if these

methodologies produce more accurate estimates than the

default methodologies set out in the EMEP/EEA

Guidebook.

3. Emissions from transport, shall be calculated and reported

in a way consistent with national energy balances reported

by Malta to Eurostat.

4. Emissions from road transport shall be calculated and

reported on the basis of the fuels sold in Malta. As an

alternative, emissions from road transport may be reported

and calculated on the basis of fuels used or kilometres

driven in Malta.

5. The annual atmospheric emissions shall be expressed in the

applicable unit specified in the NFR reporting template of

the LRTAP Convention.

Part 2. Emissions projections

1. Emission projections shall be transparent, consistent,

comparable, complete and accurate and reported

information shall include at least the following

(a)

clear identification of the adopted and planned

policies and measures included in the projections;

(b)

where appropriate, the results of sensitivity analysis

performed for the projections;

(c)

a description of methodologies, models, underlying

assumptions and key input and output parameters.

2. Projections of emissions shall be estimated and aggregated

to relevant source sectors. Emissions projections report

shall include a ‘with measures’ (adopted measures)

projection and, where relevant, a ‘with additional

measures’ (planned measures) projection for each pollutant

in accordance with the guidance established in the EMEP/

EEA Guidebook.

3. Emission projections shall be consistent with the annual

atmospheric emission inventory for the year x-3 and with

projections reported under Regulation (EU) No 525/2013

of the European Parliament and of the Council of 21 May

2013 on a mechanism for monitoring and reporting

greenhouse gas emissions and for reporting other

information at national and Union level relevant to climate

change and repealing Decision No 280/2004/EC.

Part 3. Informative Inventory Report

The informative inventory reports shall be prepared in

accordance with the EMEP Reporting Guidelines and reported

using the template for inventory reports as specified therein. The

inventory report shall include, as a minimum, the following

information

(a)

descriptions, references and sources of information of

the specific methodologies, assumptions, emission

factors and activity data, as well as the rationale for

their selection;

(b)

a description of the national key categories of

emission sources;

(c)

information on uncertainties, quality assurance and

verification;

(d)

a description of the institutional arrangements for

inventory preparation;

(e)

recalculations and planned improvements;

(f)

if relevant, information on the use of the flexibilities

provided for under Article 5(1), (2), (3) and (4) of

Directive (EU) 2016/2284;

(g)

if relevant, information on the reasons for deviating

from the reduction trajectory determined in

accordance with sub-regulation 3 of regulation 4, as

well as the measures to converge back on the

trajectory;

(h)

an executive summary.

(1) The competent authority shall publish on its website

the emission limits in tonnes equivalent to the emission reductions in

sub-regulations (2), (3) and (4). The calculation of the emission limits

shall refer to the year 2005 as a baseline. The emission limits may be

subject to any adjustments, which may be made by the competent

authority to the 2005 national atmospheric emissions inventory

according to Part 4 of Annex IV of Directive (EU) 2016/2284.

(2) By 1 January 2020, the total anthropogenic emissions of

SO 2 , NO x , NMVOC, ammonia (NH 3 ) and PM 2,5 shall, as a minimum,

be limited to the following emission reductions and their

corresponding emission limits

(a)

SO 2 emission reduction of 77%;

(b)

NO x emission reduction of 42%;

(c)

NMVOC emission reduction of 23%;

(d)

NH 3 emission reduction of 4%; and

(e)

PM 2,5 emission reduction of 25%.

(3) For the period from 1st January 2020 to 1st January 2025,

the competent authority shall ensure that emission reductions follow a

linear trajectory aimed at achieving the following indicative emission

reductions and their corresponding emission limits

(a)

SO 2 emission reduction of 86%;

(b)

NO x emission reduction of 60%;

(c)

NMVOC emission reduction of 25%;

(d)

NH 3 emission reduction of 14%; and

(e)

PM 2,5 emission reduction of 38%.

(4) By 1st January 2030, without prejudice to sub-regulations

(2) and (3), the competent authority shall ensure that the total

anthropogenic emissions of SO 2 , NO x , NMVOC, NH 3 and PM 2,5 shall

as a minimum be limited to the following emission reductions and

their corresponding emission limits

(a)

SO 2 emission reduction of 95%;

(b)

NO x emission reduction of 79%;

(c)

NMVOC emission reduction of 27%;

(d)

NH 3 emission reduction of 24%; and

(e)

PM 2,5 emission reduction of 50%.

(5) The competent authority shall allow for deviations from the

trajectory specified in sub-regulation (3) if it is technically and

economically more efficient to do so and as long as the emission limits

in sub-regulation (4) and the respective emission reductions are

unaltered. These alternative trajectories together with the reasons

behind them shall be appropriately described in the air pollution

control programme for Malta, prepared pursuant to regulation 5.

(6) If the indicative emission limits in sub-regulation (3) and

the respective emission reductions cannot be achieved, then the

competent authority shall include the reasons behind any deviations

from these indicative targets in Malta’s subsequent informative

inventory reports, prepared pursuant to sub-regulation (4) of regulation

(Regulation 7)

Optional Indicators for monitoring the impact of air pollution

referred to in regulation 7.

(a)

For freshwater ecosystems: establishing the extent of

biological damage, including sensitive receptors

(microphytes, macrophytes and diatoms), and loss of fish

stock or invertebrates

the key indicator acid neutralising capacity (ANC) and the

supporting indicators acidity (pH), dissolved sulphate

(SO 2-4 ), nitrate (NO 3- ) and dissolved organic carbon;

frequency of sampling: from yearly (in lake autumn

turnover) to monthly (streams).

(b)

For terrestrial ecosystems: assessing the soil acidity, soil

nutrients loss, nitrogen status and balance as well as

biodiversity loss

(i)

the key indicator soil acidity: exchangeable fractions

of base cations (base saturation) and exchangeable

aluminium in soils

frequency of sampling: every 10 years;

supporting indicators: pH, sulphate, nitrate, base

cations, aluminium concentrations in soil solution;

frequency of sampling: every year (where relevant);

the key indicator soil nitrate leaching (NO 3-,leach )

(ii)

frequency of sampling: every year;

(iii) the key indicator carbon-nitrogen ratio (C/N) and the

supporting indicator of total nitrogen in soil (N tot )

frequency of sampling: every 10 years;

(iv) the key indicator nutrient balance in foliage (N/P,N/

K, N/Mg)

frequency of sampling: every four years.

(c)

For terrestrial ecosystems: assessing ozone damage to

vegetation growth and biodiversity

(i)

the key indicator vegetation growth and foliar

damage and the supporting indicator carbon flux

(C flux )

frequency of sampling: every year;

(ii)

the key indicator exceedance of flux-based critical

levels

frequency of sampling: every year during the growing

season.

€1.53

(1) Sabiex

jintlaħaq

it-tnaqqis

fl-emissjonijiet Programm

kompetenti għall-kontroll

antropoġeniċi

fir-regolament

4,

l-awtorità

tat-tniġġis tal-

b’kollaborazzjoni mal-Ministeru responsabbli mill-Ambjent u ma’ arja.

kwalunkwe korp pubbliku rilevanti ieħor, għandhom jfasslu, jadottaw

u jimplementaw pjan għall-kontroll tat-tniġġis tal-arja skont Parti 1

tat-Tieni Skeda.

(2)

Il-pjan għall-kontroll tat-tniġġis tal-arja għandu

(a) jinkludi, evalwazzjoni tal-iskala tal-impatti tal-

emissjonijiet f’Malta fuq il-kwalità tal-arja kemm f’Malta kif

ukoll fl-Istati Membri ġirien. Dan għandu jiġi determinat bl-użu,

fejn ikun applikabbli, tad-data u l-metodoloġiji żviluppati mill-

Programm Ewropew ta’ Monitoraġġ u Evalwazzjoni (EMEP)

taħt il-Protokoll tal-Konvenzjoni LRTAP dwar il-finanzjament

fit-tul tal-programm ta’ kooperazzjoni għall-monitoraġġ u l-

evalwazzjoni tat-trasmissjoni fuq distanzi twal tal-inkwinanti

atmosferiċi fl-Ewropa;

(b) jieħdu in kunsiderazzjoni il-ħtieġa li jitnaqqsu l-

emissjonijiet tal-inkwinanti atmosferiċi bl-għan li tintlaħaq

konformità mal-għanijiet tal-kwalità tal-arja f’Malta u fejn

xieraq, fl-Istati Membri ġirien;

(ċ) jagħti prijorità l-miżuri għat-tnaqqis tal-emissjonijiet

tal-BC meta jittieħdu miżuri sabiex jintlaħqu l-limiti għall-

emissjonijiet u t-tnaqqis fl-emissjonijiet għall-PM 2,5 ;

(d)

ikun koerenti mal-pjanijiet u programmi rilevanti

oħra li joħorġu minn obbligi taħt il-legislazzjoni Nazzjonali jew

Ewropea.

(3) Il-pjan għall-kontroll tat-tniġġis tal-arja għandu jinkludi l-

miżuri obbligatorji mniżżla fil-Parti 2 tat-Tieni Skeda, u jista’ jinkludi

il-miżuri fakultattivi fl-istess skeda, jew miżuri li għandhom effett

ekwivalenti fuq it-tnaqqis tal-emissjonijiet.

(4) L-awtorità kompetenti għandha tirrevedi il-pjan għall-

kontroll tat-tniġġiż tal-arja mill-anqas kull erba’ snin.

(5) Fil-każ li skont id-data sottomessa permezz tal-inventarji

nazzjonali tal-emissjonijiet fis-subregolament (1) tar-regolament 6, il-

miri tar-regolament 4 ma jiġux imħarsa jew jekk ikun hemm ir-riskju li

dawn il-miri ma jintlaħqux, għandhom jiġu riveduti mingħajr

preġudizzju għas-subregolament (4) il-miżuri u l-istrateġiji fil-pjan

għall-kontroll tat-tniġġis tal-arja, li għandhom x’jaqsmu mat-tnaqqis

tal-emissjonijiet fi żmien ta’ mhux aktar minn tmintax-il xahar minn

meta ikun ġie sottomess l-aħħar inventarju nazzjonali tal-emissjonijiet

atmosferiċi jew l-aħħar projezzjonijiet tal-emissjonijiet.

(6) L-awtorità kompetenti għandha tikkonsulta lill-pubbliku u

lil kwalunkwe partijiet interessati mill-istituzzjonijiet rilevanti li

minħabba ir-responsabbilitajiet ambjentali speċifiċi tagħhom fil-qasam

tat-tniġġis tal-arja, kwalità u ġestjoni, jistgħu jintlaqtu mill-miżuri

f’dan il-pjan, skont ir-Regolamenti dwar il-Parteċipazzjoni Pubblika fi

Pjanijiet u Programmi, fuq id-draft tal-pjan għall-kontroll tat-tniġġis

tal-arja, kif ukoll kull reviżjoni sinifikanti qabel ma jiġi iffinalizzati il-

programm.

(7) Fejn applikkabbli għandha ssir ukoll konsultazzjoni

transfruntaljiera.

(8) L-awtorità kompetenti għandha tfassal l-ewwel pjan għall-

kontroll tat-tniġġis tal-arja sa mhux aktar tard mill-1 ta’ April 2019.

(9) L-awtorità kompetenti għandha tinnotifika lill-Kummisjoni

Ewropea b’kull aġġornament tal-pjan għall-kontroll tat-tniġġis tal-arja

skont is-subregolament (5) fi żmien xahrejn.

These informative inventory reports shall also include any measures

to be taken, which would realign the emission levels and the respective

emission reductions with those in sub-regulation (3).

(7)

In order to

(a) ensure compliance with the national emission

reduction commitments in sub-regulations (2), (3) and (4), the

competent authority shall apportion the total emission limits

resulting from these national emission reduction commitments

for the pollutants covered by these regulations, among the major

contributors to the emissions of these pollutants;

(b) apportion the emission limits among the major

polluters, the competent authority may use any information

relating to emissions by these polluters including the inventories

referred to in regulation 6(1) and the projections referred to in

regulation 6(3).

(8) The following emissions are not to be taken into account

for the purpose of compliance with the above national emission

reduction commitments

(a) aircraft emissions beyond those released during the

landing and take-off cycle (LTO);

(b)

emissions from international maritime traffic; and

(c) emissions of nitrogen oxides and non-methane

volatile organic compounds from activities falling under the

2014 Nomenclature for Reporting (NFR) as provided by the

LRTAP Convention categories 3B (manure management) and 3D

(agricultural soils).

5. (1) In order to achieve the reductions in anthropogenic

emissions in regulation 4, the competent authority, in collaboration

with the Ministry responsible for the Environment and any other

relevant public body, shall compile, adopt and implement an air

pollution control programme in accordance with Part 1 of the Second

Schedule.

(2)

The air pollution control programme shall

(a) include an assessment of the likelihood of impacts on

the air quality in both Malta and in neighbouring Member States,

from emissions in Malta. This shall be determined using, where

appropriate, the data and methodologies developed by the

European Monitoring and Evaluation Programme (EMEP) under

the Protocol to the LRTAP Convention on long-term financing of

the cooperative programme for monitoring and evaluation of the

long-range transmission of air pollutants in Europe;

(b) take account of the need to reduce air pollutant

emissions for the purpose of reaching compliance with air

quality objectives in Malta and where appropriate in

neighbouring Member States;

(c) prioritise the emission reduction measures for BC

when taking measures to achieve the emission limits and

emission reductions for PM 2,5 ;

(d) be coherent with other relevant plans and

programmes arising from obligations under both National and

European Union legislation.

(3) The air pollution control programme shall include the

obligatory measures listed in Part 2 of the Second Schedule, and may

include the optional measures in the same Schedule, or measures

having an equivalent mitigation effect on emissions.

(4) The competent authority shall update the air pollution

control programme at least every four years.

(5) If according to the data submitted through the national

emissions inventory in sub-regulation (1) of regulation 6, the targets in

regulation 4 are not complied with or if there is a risk that these targets

will not be complied with, then the emission reduction policies and

measures in the air pollution control programme shall without

prejudice to sub-regulation (4), be updated within eighteen months

from the submission of the latest national atmospheric emissions

inventory or the emissions projections.

(6) The competent authority shall consult the public and any

relevant institutional stakeholders which by reason of their specific

environmental responsibilities in the field of air pollution, quality and

management, may be affected by the measures in this programme, in

accordance with the Plans and Programmes (Public Participation) S.L. 549.41.

Regulations, on the draft air pollution control programme, and on any

significant updates prior to the finalisation of this programme.

(7) Transboundary consultations shall also be conducted when

appropriate.

(8) The competent authority shall compile the first air pollution

control programme by not later than 1st April 2019.

(9) The competent authority shall notify any updates to the air

pollution control programme pursuant to sub-regulation (5) to the

European Commission within two months.

6. (1) The competent authority shall prepare and annually National

update the national atmospheric emissions inventory for the pollutants Atmospheric

Emissions

listed in Table A of the First Schedule, in accordance with the Inventory.

requirements set out therein.

(2) The competent authority shall prepare and update every

four years spatially disaggregated national atmospheric emission

inventories and large point source inventories, for the pollutants in

Table B of the First Schedule, in accordance with the requirements set

out therein.

(3) The competent authority shall prepare and update every

two years national emission projections for pollutants set out in Table

B of the First Schedule, in accordance with the requirements set out

therein.

(4) The competent authority shall compile an informative

inventory report accompanying the national atmospheric emissions

inventory in sub-regulation (1) and the projections in sub-regulation

(3), in accordance with the requirements set by Table C of the First

Schedule.

(5) The competent authority shall prepare and update the

national atmospheric emissions inventory, the emissions projections,

the spatially disaggregated national atmospheric emissions inventory,

large point sources inventory and the accompanying informative

inventory report in accordance with the Third Schedule.

(6) The competent authority shall forward the national

atmospheric emissions inventory and emission projections, spatially

disaggregated national atmospheric emissions inventory, large point

sources inventory and the informative inventory report to the European

Commission and the European Environment Agency (EEA) by the

reporting dates set out in the First Schedule.

(7) The competent authority shall ensure that the reporting

requirements in sub-regulation (6) are consistent with the reporting to

the Secretariat of the LRTAP Convention.

(1) The competent authority shall ensure, where

applicable, the monitoring of the negative impacts of air pollution on

ecosystems based on a network of monitoring sites representative of

freshwater, natural and semi-natural habitats and forest ecosystem

types, taking a cost-effective and risk-based approach. The competent

authority shall coordinate this program with other monitoring

programmes established under the Flora, Fauna and Natural Habitats

Protection Regulations, the Ambient Air Quality Regulations, and the

Water Policy Framework Regulations, and if appropriate, the LRTAP

Convention. The competent authority may, where appropriate, make

use of data collected under those monitoring programmes.

(2) The optional monitoring indicators in the Fourth Schedule

may be used in order to satisfy the requirements in sub-regulation (1).

(3) The competent authority shall forward to the European

Environment Agency and the European Commission the following

information

(a) the location of the monitoring sites and associated

indicators used to monitor for air pollution impacts by 1st July

2018 and every four years thereafter; and

(b) the monitoring data in sub-regulation (1) by 1st July

2019 and every four years thereafter.

The competent authority may prepare forms, questionnaires

and other records for the collection of information related to the

activity of any sources deemed relevant to the compilation of any of

the reporting obligations listed in regulation 6 and shall specify the

date or the period within which these forms, questionnaires and other

records, completed with the requested information, shall be returned to

the competent authority.

Notwithstanding anything contained in any other law Requirements.

enjoining secrecy, the competent authority may for the purpose of

obtaining the information in regulation 8 require any person to

(a)

complete a form, questionnaire or other record;

(b)

answer any questions; or

(c)

provide any information or records,

and any information so obtained shall be subject to the restrictions

on use and prohibition on disclosure of information specified in

regulation 12.

Notwithstanding anything contained in any other law Records.

enjoining secrecy, any person holding records, which in the opinion of

the competent authority, could lead to the compilation of the

information in regulation 6, shall grant to the competent authority

access to such records for obtaining the said information.

The competent authority may request any public body to Co-operation of

consult and cooperate with it for the purpose of assessing the potential public bodies.

of records of the authority as a source of information, which could

contribute to the compilation of the obligations in regulation 6, and the

public body shall comply with any such request, in so far as resources

permit.

No information obtained in any way under these Information

regulations, which can be related to an identifiable person shall, except obtained.

with the written consent of that person, be disseminated, shown or

communicated to any person except

(a) for the purpose of a prosecution of an offence under

these regulations;

(b) to officers of the competent authority in the course of

their duties under the Act; and

(c) if the information is within the scope of the Freedom S.L. 549.39.

of Access to Information on the Environment Regulations.

Without prejudice to the Freedom of Access to Information Access to

on the Environment Regulations, the competent authority shall ensure information.

that the following information is made publicly available through

electronic means

(a)

the air pollution control programme and any updates

thereof;

(b) the national atmospheric emission inventory

(including, where applicable, the adjusted national atmospheric

emissions inventories), the national emission projections, the

informative inventory reports and additional reports and

information provided to the European Commission in

accordance with regulation 6(6).

(1)

Any person who

(a) fails to submit data or any other information

requested by the Authority;

(b)

submits false data or information to the Authority; or

(c) fails to comply with the emission limits apportioned

by the Authority,

shall be guilty of an offence against these regulations.

(2) Any person who fails to submit data or any other

information requested by the Authority shall be liable

(a) on a first conviction a fine (multa) of not less than

one thousand five hundred euro (€1,500) but not exceeding three

thousand euro (€3,000);

(b) on a second or subsequent conviction to a fine (multa)

of not less than three thousand euro (€3,000) but not exceeding

six thousand euro (€6,000).

(3) Any person who submits false data or information to the

Authority shall be liable

(a) on a first conviction to a fine (multa) of not less than

seven thousand five hundred euro (€7,500) but not exceeding

fifteen thousand euro (€15,000);

(b) on a second conviction or subsequent conviction to a

fine (multa) of not less than fifteen thousand euro (€15,000) but

not exceeding thirty thousand euro (€30,000).

(4) Any person who fails to comply with the emission limits

apportioned by the Authority shall be liable

(a) if the limit is exceeded by up to 30%, on a first

conviction to a fine (multa) of not less than five hundred

thousand euro (€500,000) but not exceeding seven hundred and

fifty thousand euro (€750,000);

(b) if the limit is exceeded by more than 30% but less

than 60%, on a first conviction to a fine (multa) of not less than

seven hundred and fifty thousand euro (€750,000) but not

exceeding one million euro (€1,000,000);

(c) if the limit is exceeded by more than 60%, on a first

conviction to a fine (multa) of not less than one million euro

(€1,000,000) but not exceeding one million and five hundred

thousand euro (€1,500,000)

Provided that on a second or subsequent conviction such

fine (multa) shall be doubled, but shall not exceed two million and five

hundred thousand euro (€2,500,000)

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the competent authority

or other public entity as a result of the said offence, to undertake

mitigation or prevention measures in order to address offence-related

damages, if applicable, the revocation of any permit issued by the

competent authority and the confiscation of the corpus delicti.

(1) The provisions of articles 23 and 30(1) of the Applicability of

Criminal Code shall, mutatis mutandis, apply to proceedings, in the

Code.

respect of offences against these regulations, so however that the Cap. 9.

disqualification from holding or obtaining a license, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations Cap. 9.

shall be taken before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the Cap. 9.

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgment given by the Court of Magistrates

(Malta) or the Court of Magistrates (Gozo) in respect of proceedings

for any offence against these regulations.

The First Schedule to the Fourth Schedule to these Language of the

regulations are being published in the English language in the English Schedules.

text of these regulations in accordance with article 54(3) of the Act.

The regulations listed hereunder shall be repealed with Repeal of

regulations.

effect from the date of publication of these regulations

(a) the National Emissions Ceilings

for

Certain

Atmospheric Pollutants Regulations; and

(b) the Limitation of Emissions of Certain Atmospheric

Pollutants Regulations.