Malta is in breach of EU regulations by allowing sewage to be discharged without undergoing secondary treatment, a European court found on Thursday.

The European Court of Justice said Malta has repeatedly “failed to fulfil its obligations” under the EU’s Urban Waste Water Treatment Directive.

This was because water treatment plants in the north and south of the country, the Iċ-Ċumnija plant in Mellieħa and the Ta’ Barkat plant in Żabbar, do not have the capacity to ensure that all sewage is treated in line with EU standards, it said.

In its judgement, the court said Malta had failed to take measures to ensure that sewage processed by these two plants “is subject to secondary treatment or equivalent treatment before discharge”.

Malta should also adopt more stringent measures since this water is being discharged in sensitive areas, the court said, adding that Malta is failing to adequately monitor its sewage discharge.

The Ta' Barkat sewage plant. File photo: Matthew Mirabelli

Government ‘evaluating’ the judgement

In a statement released shortly after the judgement, the environment ministry said that it “takes note” of the decision and will be carrying out a “comprehensive analysis” to determine its next steps.

The ministry argued that the court’s decision “assessed Malta’s position as at October 2017”, pointing to several improvements to Malta’s sewage treatment systems that have taken place since.

These include upgrades to the Iċ-Ċumnija plant in 2023, with “major upgrades” planned for this year, and efforts to separate farm waste from urban wastewater.

Local authorities have frequently pointed to the dumping of farm waste into the municipal wastewater system as a leading cause of Malta’s sewage treatment troubles, saying that this waste clogs sewage plants.

In 2021, it was announced that the Sant’ Antnin plant would start treating farm waste after a €9m upgrade to its facilities, in an attempt to finally ease the burden on sewage treatment plants and resolve the issue once and for all

A decade-long dispute

The ECJ’s judgement brings the almost decade-long dispute to a close.

The European Commission had first flagged the issue in September 2015, eventually issuing a formal notice the following year, and a reasoned opinion in 2017.

The Commission eventually took Malta to court in 2022, saying that the quality of the water exiting Malta’s sewage treatment plants remained sub-par.

The matter of Malta’s sewage treatment also found its way to the National Audit’s Office doors last October, when (now) MEP Peter Agius asked the auditor general to investigate the country’s use of EU funding to treat its sewage.

The issue has caused great consternation amongst Xgħajra residents, who say they witness sewage seeping into their local bay’s waters on a daily basis.

The government is dumping the environment, PN says

In a reaction, the Nationalist Party said the European Court's judgment on the dumping of sewage into the sea was another instance which showed that the Labour government was actually dumping the environment as a whole.

The PN said it had long been pointing out that the sewage treatment plants in the south and north of Malta did not have sufficient capacity, but the prime minister and the responsible minister had continued to deny that their policies had caused the problem. 

The court's judgement even went on to say that Malta would not be able to comply with requirements until 2026, which meant that Malta’s seas, once  the cleanest in the European Union, would continue to be polluted with untreated sewage.

"As experts continue to point out, the sewage system is overwhelmed, partly due to the sharp rise in population. The government’s denial of the problem, coupled with its failure to act, leaves Malta at risk of further environmental damage, legal penalties, and serious health issues for its citizens," the PN said. 

The statement was signed by Rebekah Borg, Shadow Minister for the Environment, Ryan Callus, Shadow Minister for Energy, Research and Innovation and Toni Bezzina, Shadow Minister for Agriculture and Fisheries.

Swimming off Ta' Xbiex banned

Meanwhile, the Environment Health Directorate said on Thursday that swimming off Ta' Xbiex was not recommended due to foul water overflowing into the sea which may have traces of sewage affecting the bathing water quality. The case is being investigated.

Bathing off Ta' Xbiex is not recommended because of contaminated water.