Lack of public participation in Malta’s NECP process

Lack of public participation in Malta’s NECP process

Friends of the Earth Malta (FoEM) expresses its serious concerns regarding the lack of participation for citizens and civil society in the draft and final National Energy and Climate Plan (NECP) of Malta. These plans are an obligation on EU Member States to outline how they intend to address decarbonisation, energy efficiency, energy security and the internal energy market, as well as research, innovation and competitiveness in the energy sector, to meet the European Union 2030 targets for energy and climate. The deadline for governments to submit their final NECP is 30 June 2024, in just 9 days.

To date, there has been no formal public consultation process, neither for the draft, nor for the final NECP document. Friends of the Earth Malta has sought information via email on the public consultation process on several occasions, since May 2023, with the only information provided being that the “public consultation process will follow later and will be communicated in due course”. The public was not informed about any public consultation process or an opportunity to participate in a dialogue on the NECP process or contents. On 13 June 2024, FoEM sent a letter to Energy Minister Miriam Dalli and the Prime Minister to highlight this serious lack of public participation, referring to the obligations set out in the Governance Regulation guiding the development of National Energy and Climate Plans, as well as the feedback provided in the Commission Recommendation on the draft NECP in December 2023. Minister Dalli replied a day later saying that “a consultation process is about to start in the coming days”. To date there is no open consultation.

According to the Governance Regulation guiding the development of National Energy and Climate Plans, Member States should ensure that  the public is given early and effective opportunities to participate in the preparation of the draft integrated national energy and climate plan, and in the preparation of the final plan well before its adoption. It also states that each Member State shall establish a multilevel climate and energy dialogue, in which local authorities, civil society organisations, other relevant stakeholders and the public are able actively to engage and discuss the different scenarios envisaged for energy and climate policies. In the Commission Recommendation on the draft NECP published on 18 December 2023, the Commission advised the Maltese government that they should “ensure inclusive public participation within a reasonable timeframe and broad participation of local authorities and civil society in the preparation of the plan”. The accompanying Staff Working Document further states that “the public participation procedure outlined in the plan did not ensure early public participation before decisions were taken and throughout the decision-making process” and that “Malta has not mentioned whether they have established a multilevel energy and climate dialogue.”

Friends of the Earth Malta is deeply concerned that neither of the obligations set out in the Governance Regulation have been met, even after explicit instructions to do so in the recommendations provided by the European Commission based on the draft NECP. Friends of the Earth Malta’s Climate Campaign Coordinator Dr Suzanne Maas commented: “Public participation is essential for effective climate action and energy policy. Failing to implement obligatory public participation processes is a failure of democratic decision-making”. The government of Malta has thus far not enabled the public to participate in the preparation of the NECP and has failed to establish a multilevel climate and energy dialogue to discuss different scenarios for energy and climate policies. With the deadline in sight, it is now too late for “early and effective” opportunities to participate in the preparation of the draft and final NECP as stipulated.

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