Brussels finds no illegality in Freeport extension permit

The European Commission has cleared the controversial planning permit for the extension of the Freeport finding no infringement of EU environmental laws.

Labour MEP Edward Scicluna had tabled a parliamentary question asking the Commission to investigate the permit.

"The Labour MEP had alleged that the permit might have been issued by the planning authority in breach of EU environment rules. Following our thorough investigations of the whole process involved we have found no evidence to prove Prof. Scicluna's allegations," a Commission official said.

The project, which will see Terminal 1 being extended through the reclamation of a creek, was approved by the Malta Environment and Planning Authority amid protests by Birżebbuġa residents last January.

A year before, the project had been refused but was approved the second time round almost unanimously - only Labour's representative Roderick Agius voted against.

"From the information provided (by Prof. Scicluna) it appears that an Environmental Impact Assessment (EIA) procedure has been carried out for the proposed extension," the Commission said.

The EU Executive also specified that the EIA directive did not lay down any substantial prescriptions and did not establish any obligatory environmental standards.

"The competent national authorities are not obliged to draw specific results from the findings of the EIA of a given project, except that these results must be taken into consideration in the development consent procedure.

"The decisions on the necessity of a project or its localisation and the verification of the substance (including information and data) of the environment impact study and of the appropriate character of any environmental conditions imposed fall within the responsibility of the competent national authorities."

On the complaint by Prof. Scicluna that noise studies should have been carried out, the Commission said EU rules were not applicable in the Freeport case.

The Commission said that Directive 2002/49/EC covered the assessment of noise in agglomerations with more than 250,000 inhabitants as well as transport infrastructures such as railways, roads and airports.

"The directive does not establish any binding noise limits nor does it establish any limit between national planning systems and ambient levels of noise. It is left to the discretion of member states to decide on the limit values for noise and other measures aimed at reducing noise," the Commission said.

Brussels said that the fact that Birżebbuġa had a population of 9,000 inhabitants clearly showed that "this agglomeration does not fall within the scope of the EU Directive".

According to the Freeport, the new extension was required to expand its capacity. The company will be investing €130 million in the project, raise throughput to three million containers and generate 500 new jobs over five years.