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Infringment Complaint 

From: johnfenech []
Sent: 18 January 2018 00:29
To: ''
Cc:;; ''; 'Office of the Ombudsman' (; 'Nasom MLT ('
Subject: RE; NASoM complaint _ Incomplete application of the EU Secondary Legislation



Head of Unit: 4.

Legal Matters and Infringements:

Dir A — Policy Coordination and Security

DG MOVE — Directorate-General for Mobility and Transport



EU DG Mobility & Transport

Ms Elitza Stoyanova


Your Ref: Brussels, GROW/C4/ES/ob (2018) 6555517


Subject: “CHAP (2017) 02093 – Transposition of EU rules on safety and access to Environmental information into the National Legal order in Malta.”

 18th January 2018

Dear Ms Barbara JANKOVEC,


Many thanks for the letter of the 18th December 2017, attached, and the extension since granted for the NGO to respond.


With due respect, the response received from the EU DG for Mobility & Transport, does not address the NGO’s  concern which is ; “the Incomplete application of the EU Secondary Legislation by the Maltese Authorities.”   In our opinion the situation implies that the regulations are more honoured in their breach than in observance.


We trust therefore, that our file will be kept alive to address our complaint in the context of what prompted it, namely the sorry state of affairs caused by factual breaches of the regulations, despite that no evidential proof of any inconsistencies of local legislation with the relevant regulations was found by the Commission, a finding that we find hard to understand even if only in the light of the seriously deviant VRT Sound Level Limits, which run counter to the EU Regulations.


The attached report is to clarify the NGO’s point of view. 


Best regards


John Fenech



F:  nasomalta

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