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Consultation on the Ambient Air Quality (Amendment) Regulations, 2020


From: Ministry for the Environment, Climate Change and Planning
Environment & Resources Authority​)
​Published: 19 August 2020
Running till: 16 September 2020
​Last Updated: ​17 September 2020

We are analysing your feedback.

Please visit this page again to download the outcome report with reference to this Public Consultation.

Original Consultation

1.        Background

The Ambient Air Quality (Amendment) Regulations, 2020, seek to amend the Ambient Air Quality Regulations (S.L. 549.59, i.e. the principal regulations). The objectives of the amendments are primarily to streamline the principal regulations with other subsidiary legislation under the Environment Protection Act, Cap. 549.

The Ambient Air Quality Regulations transposed Directive 2008/50/EC on cleaner air for Europe into Maltese Law, and had introduced two provisions on the registration and chimney height requirements of combustion plants with a rated thermal input greater or equal to 1MW thermal, and smaller than 50MW thermal. The aforementioned combustion plants are now regulated under EU Directive 2015/2193 which was transposed into national legislation through the Limitation of Emissions of Certain Pollutants into the Air from Medium Combustion Plants Regulations (S.L. 549.122). Consequently, the provisions on combustion plants (found in regulations 2, 26(1), 27 and 28) from the principal regulations are to be removed in order to avoid overlap in legislation and to ensure consistency.

Other amendments include the substitution within regulation 35, of reference to the National Emission Ceilings for Certain Atmospheric Pollutants Regulations (S.L. 549.32) with reference instead to the Limitation of Emissions of Certain Atmospheric Pollutants Regulation (S.L. 549.124). The latter regulations have in fact repealed the former. The rest of the amendments included are cosmetic in nature and will not impact the implementation of the regulations.

2.        Consultation Questions

In line with article 55 of the Environment Protection Act (Cap. 549) the public is invited to make submissions to ERA with their comments as to why and how these regulations could be amended.
4.        Submission of input

Submissions were sent in by email to:

Submissions were received by 16 September 2020                               
We thank you for your input.

Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.

Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address:

Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).


In addition, please be aware of:
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.​

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