Brussels threatens court action over delay in filing noise maps

The European Commission is considering taking Malta to the European Court of Justice over its repeated failure to submit to Brussels the so-called noise maps demanded by the EU's Noise Directive.

Brussels has issued a reasoned opinion, the second in a three-pronged legal procedure, asking the island to send the requested information by May 22. If Malta fails to do so, the Commission will consider taking the case to the ECJ.

According to the Commission, Malta was due to send its strategic noise maps to the Commission by December 2007. The noise maps identify the noisiest areas on the island.

Directive 2002/49 covers major airports, roads handling over six million vehicles a year and cities with more than 250,000 inhabitants (not applicable to Malta).

"In 2008, reminders were sent and Malta replied in September of that year saying it would be able to submit the maps by December 2009. However, that did not happen," a Commission's spokesman said.

"Following our first formal warning, in November 2009, Malta has still not replied to our request and no noise maps have been received. We have now decided to go a step further and the island has until May to reply. A failure to act can result in a referral to the ECJ which could ultimately result in financial penalties," the spokes-man said.

A government spokesman admitted it would take until late 2011 so that the Malta Environment and Planning Authority, which is responsible for the process, would be in a position to meet the Commission's requests.

"Malta has been actively working on the implementation of Directive 2002/49/EC relating to the assessment and management of environmental noise (Noise Directive) and has already informed the Commission that the tender for the monitoring of ambient noise has been awarded," the government spokesman said.

"In the meantime, a contract for the drawing up of strategic noise maps has been signed and its implementation is under way. According to the implementation schedule, Malta should be in compliance with the Noise Directive by the second quarter of 2011".

This is likely to mean that Malta will have to justify the delay in front of the ECJ.

The Noise Directive does not set any noise limit value and does not prescribe the measures to be used in action plans. These remain at the discretion of the competent authorities. However, according to the Commission, through the noise maps Malta will identify the most "noisy" areas on the island and draw up action plans to try to do something about them.