LIMITATION OF EMISSIONS OF CERTAIN ATMOSPHERIC POLLUTANTS REGULATIONS

CERTAIN ATMOSPHERIC POLLUTANTS

SUBSIDIARY LEGISLATION 549.124

LIMITATION OF EMISSIONS OF CERTAIN

ATMOSPHERIC POLLUTANTS REGULATIONS

25th September, 2018

LEGAL NOTICE 303 of 2018, as amended by Legal Notices 114 of

2021 and 21 of 2025.

The title of these regulations is the Limitation of

Emissions of Certain Atmospheric Pollutants Regulations.

L.N. 21 of

(Regulation 6)

2025. 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

Requirement

dates

Gaseous Pollutants

Total

SO 2

compulsory

Annual

national

NO x

compulsory

from 1990

emissions by

NMVOC

compulsory

to reporting

15 February

NFR( 1 )

year minus

NH 3

compulsory

source

2 (X-2)

CO

2 ).

compulsory

category(

Particulate Matter

Total

PM 10 ( 3 )

compulsory

Annual

national

PM 2,5

compulsory

from 2000

15 February

emissions by

to reporting

BC (if

NFR( 1 )

compulsory

year minus

available)

source

2 (X-2)

TSP

15 February

optional

category( 2 ).

Heavy Metals

4 )

compulsory

Cd(

Hg( 5 )

compulsory

Pb( 6 )

compulsory

As and its

optional

compounds

Total

Annual

Cr and its

national

optional

from 1990

compounds

emissions by

to reporting

15 February

NFR( 1 )

Cu and its

optional

year minus

compounds

source

2 (X-2)

category( 2 ).

Ni and its

optional

compounds

Se and its

optional

compounds

Zn and its

compulsory

compounds

CERTAIN ATMOSPHERIC POLLUTANTS

Persistent Organic Pollutants (POPs)

Benzo(a)pyr

compulsory

ene

Benzo(b)flu

compulsory

oranthene

Benzo(k)flu

Total

compulsory

oranthene

Annual

national

from 1990

Indeno(1,2,

emissions by

compulsory

to reporting

15 February

3-cd)pyrene

1 )

NFR(

year minus

Total

source

compulsory

2 (X-2)

PAHs( 7 )

category( 2 ).

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.

CERTAIN ATMOSPHERIC POLLUTANTS

Table B. Reporting requirements on emissions and projections

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

Element

Pollutants

Time series/target

Reporting

years

dates

SO 2 , NO x ,

NMVOC, CO, NH 3 ,

National

PM 10 , PM 2,5

gridded data

Every four years for

of emissions

reporting year

Cd, Hg and Pb.

1 May( 1 )

by source

minus 2 (X-2) as

Total PAHs, HCB,

category

from 2017

PCBs, dioxins/

(GNFR)

furans

BC (if available)

SO 2 , NO x ,

NMVOC, CO, NH 3 ,

Large Point

PM 10 , PM 2,5

Sources

Every four years for

(LPS) by

reporting year

Cd, Hg and Pb.

1 May( 1 )

source

minus 2 (X-2) as

Total PAHs, HCB,

category

from 2017

PCBs, dioxins/

(GNFR)

furans

BC (if available)

SO 2 , NO x ,

Biennial, covering

Projected

projections years

NMVOC, CO, NH 3 ,

emissions by

2020, 2025, 2030

PM 10 , PM 2,5

15 March

NFR source

and where available,

BC (if available)

category

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.

CERTAIN ATMOSPHERIC POLLUTANTS

Table C. Reporting requirements on informative inventory report

pursuant to sub-regulation (4) of regulation 6

Element

Pollutants

Time series/target

Reporting

years

dates

SO 2 , NO x , NMVOC,

All years from 1990

onwards

CO, 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,

All years from 1990

Cu, Ni, Se, and Zn

onwards

and their compounds.

CERTAIN ATMOSPHERIC POLLUTANTS

(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;

CERTAIN ATMOSPHERIC POLLUTANTS

(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.

A.

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;

CERTAIN ATMOSPHERIC POLLUTANTS

(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

CERTAIN ATMOSPHERIC POLLUTANTS

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.

CERTAIN ATMOSPHERIC POLLUTANTS

B.

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.

CERTAIN ATMOSPHERIC POLLUTANTS

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

CERTAIN ATMOSPHERIC POLLUTANTS

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. In

addition, emissions from road transport may also be

reported and calculated on the basis of fuels used for

kilometres driven in Malta.

CERTAIN ATMOSPHERIC POLLUTANTS

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 reported

by NFR source category. Where not possible due to lack

of sufficiently detailed data, a justification for reporting

at a more aggregated level shall be included in the

Informative Inventory Report. 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

CERTAIN ATMOSPHERIC POLLUTANTS

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.

(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

CERTAIN ATMOSPHERIC POLLUTANTS

(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

CERTAIN ATMOSPHERIC POLLUTANTS

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

CERTAIN ATMOSPHERIC POLLUTANTS

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)

Sabiex jintlaħaq it-tnaqqis fl-emissjonijiet Programm għall-

kompetenti kontroll

antropoġeniċi

fir-regolament

4,

l-awtorità

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

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.

INKWINANTI ATMOSFERIĊI

(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

CERTAIN ATMOSPHERIC POLLUTANTS

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)

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.

CERTAIN ATMOSPHERIC POLLUTANTS

6. (1)

The competent authority shall prepare and

annually update the national atmospheric emissions inventory for the

pollutants listed in Table A of the First Schedule, in accordance with

the 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.

(8)

The competent authority may establish adjusted national

atmospheric emissions inventories, in accordance with article 5(1) and

Part 4 of Annex IV of Directive (EU) 2016/2284, for the pollutants

listed in regulation 4 where non-compliance with the emission

reduction would result from applying improved emission inventory

methods updated in accordance with scientific knowledge.

CERTAIN ATMOSPHERIC POLLUTANTS

(1)

The competent authority shall ensure 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

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

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

the competent authority, could lead to the compilation of the

CERTAIN ATMOSPHERIC POLLUTANTS

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

consult and cooperate with it for the purpose of assessing the potential

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

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

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 of Access to Information on the Environment

Regulations.

Without prejudice to the Freedom of Access to

Information on the Environment Regulations, the competent authority

shall ensure that the following information is made publicly available

by publishing it on the Authority’s website

(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 regulations 6(6) and 7(3).

(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.

CERTAIN ATMOSPHERIC POLLUTANTS

(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

CERTAIN ATMOSPHERIC POLLUTANTS

delicti.

(1)

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

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

of offences against these regulations, so however that the

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

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

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

regulations are being published in the English language in the English

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

CERTAIN ATMOSPHERIC POLLUTANTS

Amended by: 