73 tal-2011 - Regolamenti tal-2011 dwar Qafas fil-Politika Ambjentali tal-Baħar

L.N. 73 of 2011

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

TERRITORIAL WATERS AND CONTIGUOUS ZONE ACT

(CAP. 226)

CONTINENTAL SHELF ACT

(CAP. 194)

FISHING WATERS (DESIGNATION) AND

EXTENDED MARITIME JURISDICTION ACT

(CAP. 479)

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

MALTA RESOURCES ACT

(CAP. 423)

Marine Policy Framework Regulations, 2011

BY VIRTUE of the powers conferred by articles 3 (2), 4,

7 (1) of the Territorial Waters and Contiguous Zone Act, article

3 of the Continental Shelf Act, articles 4 (1), 37 and 38 of the

Fisheries Conservation and Management Act, the Fishing Waters

(Designation) and Extended Maritime Jurisdiction Act, article

6 (1) of the Authority for Transport in Malta Act, article 4 (1)

of the Malta Resources Act, articles 2, 8, 61, 64 and 66, of the

Environment and Development Planning Act, the Prime Minister,

and the Minister for Infrastructure, Transport and Communication

and the Minister for Resources and Rural Affairs, after consultation

with the Malta Environment and Planning Authority, Transport

Malta, Agriculture and Fisheries Regulation Department and the

Malta Resources Authority, have made the following regulations:-

(1) The title of these regulations is the Marine Policy

Framework Regulations, 2011.

(2) These regulations establish a framework within

which Malta shall take the necessary measures to achieve or

maintain good environmental status in the marine environment

by the year 2020 at the latest and to transpose the provisions of

Directive 2008/56/EC of the European Parliament and of the

(3) These regulations shall contribute to coherence

between, and aim to ensure the integration of environmental

concerns into the different policies, agreements and legislative

measures which have an impact on the marine environment.

(4) These regulations shall apply to all marine waters

as defined in sub-regulation (1) of regulation 2 and shall take

account of the transboundary effects on the quality of the marine

environment of third States in the same marine region or subregion

as defined in regulation 5.

(5) These regulations shall not apply to activities the

sole purpose of which is defence or national security. Effort shall

be made however to ensure that such activities are conducted in

a manner that is compatible, so far as reasonable and practicable,

with the objectives of these regulations.

Regulation 7

Qualitative descriptors for determining good environmental status

(1) Biological diversity is maintained. The quality and occurrence of habitats and the distribution and

abundance of species are in line with prevailing physiographic, geographic and climatic conditions.

(2) Non-indigenous species introduced by human activities are at levels that do not adversely alter

the ecosystems.

(3) Populations of all commercially exploited fish and shellfish are within safe biological limits,

exhibiting a population age and size distribution that is indicative of a healthy stock.

(4) All elements of the marine food webs, to the extent that they are known, occur at normal

abundance and diversity and levels capable of ensuring the long-term abundance of the species and

the retention of their full reproductive capacity.

(5) Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in

biodiversity, ecosystem degradation, harmful algae blooms and oxygen deficiency in bottom waters.

(6) Sea-floor integrity is at a level that ensures that the structure and functions of the ecosystems are

safeguarded and benthic ecosystems, in particular, are not adversely affected.

(7) Permanent alteration of hydrographical conditions does not adversely affect marine ecosystems.

(8) Concentrations of contaminants are at levels not giving rise to pollution effects.

(9) Contaminants in fish and other seafood for human consumption do not exceed levels established

by Community legislation or other relevant standards.

(10) Properties and quantities of marine litter do not cause harm to the coastal and marine

environment.

(11) Introduction of energy, including underwater noise, is at levels that do not adversely affect the

marine environment.

To determine the characteristics of good environmental status in a marine region or subregion as

provided for in regulation 7, the Competent Authority shall consider each of the qualitative

descriptors listed in this Schedule in order to identify those descriptors which are to be used to

determine good environmental status for that marine region or subregion. When the Competent

Authority consider that it is not appropriate to use one or more of those descriptors, they shall

provide a justification.

(1)

In these regulations the following definitions shall

‘‘marine waters’’ means

(a) waters, the seabed and subsoil on the seaward

side of the baseline from which the extent of territorial

waters is measured extending to the outmost reach of

the area where Malta has and, or exercises jurisdictional

rights, in accordance with the United Nations Covention

on the Law of the Sea and general international law.

(b) coastal waters as defined by the Water

Policy Framework Regulations, 1994, their seabed

and their subsoil, in so far as particular aspects of the

environmental status of the marine environment are not

already addressed through those regulations or other

legislation;

‘‘marine region’’ means a sea region which is identified

under regulation 5. Marine regions and their subregions are

designated for the purpose of facilitating implementation of

Directive 2008/56/EC and are determined taking into account

hydrological, oceanographic and biogeographic features;

‘‘marine strategy’’ means the strategy to be developed

and implemented in respect of each marine region or

subregion concerned as laid down in regulation 4;

‘‘environmental status’’ means the overall state of

the environment in marine waters, taking into account the

structure, function and processes of the constituent marine

ecosystems together with natural physiographic, geographic,

biological, geological and climatic factors, as well as physical,

acoustic and chemical conditions, including those resulting

from human activities inside or outside the area concerned;

‘‘good environmental status’’ means the environmental

status of marine waters where these provide ecologically

diverse and dynamic oceans and seas which are clean, healthy

and productive within their intrinsic conditions, and the use of

the marine environment is at a level that is sustainable, thus

safeguarding the potential for uses and activities by current

and future generations, namely

(a) the structure, functions and processes of

the constituent marine ecosystems, together with the

associated physiographic, geographic, geological and

climatic factors, allow those ecosystems to function

fully and to maintain their resilience to human-induced

environmental change. Marine species and habitats are

protected, human-induced decline of biodiversity is

prevented and diverse biological components function in

balance;

(b) hydro-morphological, physical and

chemical properties of the ecosystems, including those

properties which result from human activities in the

area concerned, support the ecosystems as described

above. Anthropogenic inputs of substances and energy,

including noise, into the marine environment do not

cause pollution effects;

‘‘criteria’’ means distinctive technical features that are

closely linked to qualitative descriptors;

‘‘environmental target’’ means a qualitative or

quantitative statement on the desired condition of the different

components of, and pressures and impacts on, marine waters

in respect of each marine region or subregion. Environmental

targets are established in accordance with regulation 8;

‘‘pollution’’ means the direct or indirect introduction

into the marine environment, as a result of human activity,

of substances or energy, including human-induced marine

underwater noise, which results or is likely to result in

deleterious effects such as harm to living resources and

marine ecosystems, including loss of biodiversity, hazards to

human health, the hindering of marine activities, including

fishing, tourism and recreation and other legitimate uses of

the sea, impairment of the quality for use of sea water and

reduction of amenities or, in general, impairment of the

sustainable use of marine goods and services;

‘‘regional cooperation’’ means cooperation and

coordination of activities between EU Member States and,

whenever possible, third countries sharing the same marine

region or subregion, for the purpose of developing and

implementing marine strategies;

“the Competent Authority” means the Office of the

Prime Minister, and such other body or person as the Prime

Minister may prescribe and different bodies or persons

may be designated as the competent authority for different

provisions and different purposes of these regulations;

‘‘regional sea convention’’ means any of the international

conventions or international agreements together with their

governing bodies established for the purpose of protecting

the marine environment of the marine regions referred to in

regulation 5, such as the Convention on the Protection of the

Marine Environment of the Baltic Sea, the Convention for

the Protection of the Marine Environment of the North-east

Atlantic and the Convention for the Marine Environment and

the Coastal Region of the Mediterranean Sea.

(2) For the purposes of these regulations, any reference

to Directives of the European Parliament and of the Council, shall

be read and construed as if reference is made to the provisions of

the regulations transposing the provisions of such directive into

Maltese law.

Indicative lists of characteristics, pressures and impacts

Table 1

Characteristics

• Topography and bathymetry of the seabed,

• annual and seasonal temperature regime and ice cover, current velocity,

upwelling, wave exposure, mixing characteristics, turbidity, residence time,

• spatial and temporal distribution of salinity,

• spatial and temporal distribution of nutrients (DIN, TN, DIP, TP, TOC) and

oxygen,

• pH, pCO2 profiles or equivalent information used to measure marine

acidification !

• The predominant seabed and water column habitat type(s) with a description

of the characteristic physical and chemical features, such as depth, water

temperature regime, currents and other water movements, salinity, structure

and substrata composition of the seabed,

• identification and mapping of special habitat types, especially those

recognised or identified under Community legislation (the Habitats Directive

and the Birds Directive) or international conventions as being of special

scientific or biodiversity interest,

• habitats in areas which by virtue of their characteristics, location or strategic

importance merit a particular reference. This may include areas subject to

intense or specific pressures or areas which merit a specific protection regime !

• A description of the biological communities associated with the predominant

seabed and water column habitats. This would include information on the

phytoplankton and zooplankton communities, including the species and

seasonal and geographical variability,

• information on angiosperms, macro-algae and invertebrate bottom fauna,

including species composition, biomass and annual/seasonal variability,

• information on the structure of fish populations, including the abundance,

distribution and age/size structure of the populations,

• a description of the population dynamics, natural and actual range and status

of species of marine mammals and reptiles occurring in the marine region or

subregion,

• a description of the population dynamics, natural and actual range and status

of species of seabirds occurring in the marine region or subregion,

• a description of the population dynamics, natural and actual range and status

of other species occurring in the marine region or subregion which are the

subject of Community legislation or international agreements,

• an inventory of the temporal occurrence, abundance and spatial distribution of

nonindigenous, exotic species or, where relevant, genetically distinct forms of

native species, which are present in the marine region or subregion.

• A description of the situation with regard to chemicals, including chemicals

giving rise to concern, sediment contamination, hotspots, health issues and

contamination of biota (especially biota meant for human consumption),

• a description of any other features or characteristics typical of or specific to

the marine region or subregion.

B

Table 2

Pressures and impacts

• Smothering (e.g. by man-made structures, disposal of dredge spoil),

• sealing (e.g. by permanent '+,%-./'-&+,%0!

• Changes in siltation (e.g. by outfalls, increased run-off, dredging/disposal of

dredge spoil),

• abrasion (e.g. impact on the seabed of commercial fishing, boating, anchoring),

• selective extraction (e.g. exploration and exploitation of living and non-living

resources on seabed and subsoil).

• Underwater noise (e.g. from shipping, underwater acoustic equipment),

• marine litter.

• Significant changes in thermal regime (e.g. by outfalls from power stations),

• significant changes in salinity regime (e.g. by constructions impeding water

movements, water abstraction).

• Introduction of synthetic compounds (e.g. priority substances under Directive

2000/60/EC which are relevant for the marine environment such as pesticides,

antifoulants, pharmaceuticals, resulting, for example, from losses from diffuse

sources, pollution by ships, atmospheric deposition and biologically active

substances),

• introduction of non-synthetic substances and compounds (e.g. heavy metals,

hydrocarbons,

• resulting, for example, from pollution by ships and oil, gas and mineral

exploration and exploitation, atmospheric deposition, riverine inputs),

• introduction of radio-nuclides. contamination by hazardous substances

• Introduction of other substances, whether solid, liquid or gas, in marine waters,

resulting from their systematic and/or intentional release into the marine

environment, as permitted in accordance with other Community legislation

and/or international conventions.

• Inputs of fertilisers and other nitrogen — and phosphorus-rich substances (e.g.

from point and diffuse sources, including agriculture, aquaculture, atmospheric

deposition),

• inputs of organic matter (e.g. sewers, mariculture, riverine inputs).

• Introduction of microbial pathogens,

• introduction of non-indigenous species and translocations,

• selective extraction of species, including incidental non-target catches (e.g. by

commercial and recreational fishing).

B

B

(1) There shall be one marine strategy developed and

implemented for Malta’s marine waters.

(2) The Competent Authority shall take all the

necessary measures to ensure the appropriate administrative

arrangements for the application of these regulations.

(3) The Competent Authority shall take all the

necessary measures to ensure that the requirements of these

regulations, in particular for the development of the initial

assessment under regulation 6, integrated monitoring programme

under regulation 9 and the programme of measures under

regulation 10, are co-ordinated.

(4) The endorsement of the Minister responsible for

the environment shall be sought on the environmental targets.

(5) The endorsement of the government shall be

sought on the marine strategy and the program of measures.

Regulation 9

Monitoring programmes

(1) Need to provide information for an assessment of the environmental status and for an estimate of

the distance from, and progress towards, good environmental status in accordance with Schedul I

and with the criteria and methodological standards to be defined by the European Commission.

(2) Need to ensure the generation of information enabling the identification of suitable indicators for

the environmental targets provided for in regulation 8.

(3) Need to ensure the generation of information allowing the assessment of the impact of the

measures referred to in regulation 10.

(4) Need to include activities to identify the cause of the change and hence the possible corrective

measures that would need to be taken to restore the good environmental status, when deviations from

the desired status range have been identified.

(5) Need to provide information on chemical contaminants in species for human consumption from

commercial fishing areas.

(6) Need to include activities to confirm that the corrective measures deliver the desired changes and

not any unwanted side effects.

(7) Need to aggregate the information on the basis of marine regions or subregions in accordance

with regulation 5.

(8) Need to ensure comparability of assessment approaches and methods within and between marine

regions and/or subregions.

(9) Need to develop technical specifications and standardised methods for monitoring at Community

level, so as to allow comparability of information.

(10) Need to ensure, as far as possible, compatibility with existing programmes developed at

regional and international level with a view to fostering consistency between these programmes and

avoiding duplication of effort, making use of those monitoring guidelines that are the most relevant

for the marine region or subregion concerned.

(11) Need to include, as part of the initial assessment provided for in regulation 6, an assessment of

major changes in the environmental conditions as well as, where necessary, new and emerging

issues.

(12) Need to address, as part of the initial assessment provided for in regulation 6, the relevant

elements listed in Schedule I including their natural variability and to evaluate the trends towards the

achievement of the environmental targets laid down pursuant to regulation 8, using, as appropriate,

the indicators established and their limit or target reference points.

*

B

(1) The marine strategy shall be developed and Development of

implemented in accordance with the plan of action set out in sub- Marine Strategy.

regulation (2) of regulation 5, in order to

(a) protect and preserve the marine environment,

prevent its deterioration or, where practicable, restore marine

ecosystems in areas where they have been adversely affected;

(b) prevent and reduce inputs in the marine

environment, with a view to phasing out pollution as defined

in sub-regulation (1) of regulation 2, so as to ensure that there

are no significant impacts on or risks to marine biodiversity,

marine ecosystems, human health or legitimate uses of the

sea.

(2) The ecosystem-based approach to the management

of human activities shall be applied when developing and

implementing the marine strategy, ensuring that the collective

pressure of such activities is kept within levels compatible with

the achievement of good environmental status and that the capacity

of marine ecosystems to respond to human-induced changes is not

compromised, while enabling the sustainable use of marine goods

and services by present and future generations.

Regulation 10

Programmes of measures

(1) Input controls: management measures that influence the amount of a human activity that is

permitted.

(2) Output controls: management measures that influence the degree of perturbation of an ecosystem

component that is permitted.

(3) Spatial and temporal distribution controls: management measures that influence where and when

an activity is allowed to occur.

(4) Management coordination measures: tools to ensure that management is coordinated.

(5) Measures to improve the traceability, where feasible, of marine pollution.

(6) Economic incentives: management measures which make it in the economic interest of those

using the marine ecosystems to act in ways which help to achieve the good environmental status

objective.

(7) Mitigation and remediation tools: management tools which guide human activities to restore

damaged components of marine ecosystems.

(8) Communication, stakeholder involvement and raising public awareness.

€1.86

(1) In developing the marine strategy, the Competent

Authority shall take due account of the fact that Malta’s marine

waters form an integral part of the Ionian Sea and the Central

Mediterranean Sea marine subregion within the marine region of

the Mediterranean Sea.

(2) The Competent Authority shall ensure cooperation

with EU Member States sharing the same marine subregion to

ensure that, the measures required to achieve the objectives of

these regulations, in particular the different elements of the marine

strategies referred to in paragraphs (a) and (b) of this regulation,

are coherent and coordinated across the Ionian Sea and the Central

Mediterranean Sea marine subregion, in accordance with the

following plan of action towards a common approach

(a) preparation

(i) an initial assessment, to be completed by

15 July 2012 of the current environmental status of

the waters concerned and the environmental impact of

human activities thereon, in accordance with regulation

6;

(ii) a determination, to be established by 15

July 2012 of good environmental status for the waters

concerned, in accordance with regulation 7;

(iii) establishment, by 15 July 2012, of a series

of environmental targets and associated indicators, in

accordance with sub-regulation (1) of regulation 8;

(iv) establishment and implementation, by 15 July

2014 except where otherwise specified in the relevant

Community legislation, of a monitoring programme for

ongoing assessment and regular updating of targets, in

accordance with sub-regulation (1) of regulation 9;

(b) programme of measures

(i) development, by 2015 at the latest, of a

programme of measures designed to achieve or maintain

good environmental status, in accordance with sub-

regulations (1), (2), (3) and (4) of regulation 10;

(ii) entry into operation of the programme

provided for in sub-paragraph (i), by 2016 at the latest,

in accordance with sub-regulation (11) of regulation 10.

(3) In the event that the status of the Ionian Sea and the

Central Mediterranean Sea subregion is so critical as to necessitate

urgent action, Malta will work together with the EU Member States

having borders on the same marine subregion to devise a plan of

action in accordance with sub-regulation (1) of regulation 4, which

includes an earlier entry into operation of programmes of measures

as well as possible stricter protective measures, provided that this

does not prevent good environmental status from being achieved or

maintained in another marine region or subregion.

(4) In order to achieve the coordination referred to in

sub-regulation (2) of this regulation, the Competent Authority shall,

where practical and appropriate, use existing regional institutional

cooperation structures, and as far as possible, build upon relevant

existing programmes and activities developed in the framework of

structures stemming from international agreements including those

under the Convention for the Marine Environment and the Coastal

Region of the Mediterranean Sea.

(5) For the purpose of establishing and implementing

the marine strategy, the Competent Authority shall make every

effort, using relevant international forums, including mechanisms,

structures and building upon relevant existing programmes and

activities developed in the framework of the Convention for the

Marine Environment and the Coastal Region of the Mediterranean

Sea, to coordinate actions with third countries having sovereignty

or jurisdiction over waters in the Ionian Sea and the Central

Mediterranean Sea marine subregion.

Regolament 10

Programmi ta’ mi'uri

(1) Kontrolli ta’ l-input: mi#uri ta’ %estjoni li jinfluwenzaw l-ammont ta’ attività tal-bniedem li tkun

permessa.

(2) Kontrolli ta’ l-output: mi#uri ta’ %estjoni li jinfluwenzaw il-grad ta’ perturbazzjoni ta’ komponent

ta’ l-ekosistema li jkun permess.

(3) Kontrolli tad-distribuzzjoni %eografika u temporali: mi#uri ta’ %estjoni li jinfluwenzaw fejn u

meta jkun permess li sse"" xi attività.

(4) Mi#uri ta’ koordinazzjoni tal-%estjoni: strumenti sabiex ji#guraw li l-%estjoni tkun koordinata.

(5) Mi#uri sabiex titjieb it-tra''abbiltà, fejn dan ikun fattibbli, tat-tni%%is marin.

(6) In'entivi ekonomi'i: mi#uri ta’ %estjoni li jag"mluha fl-interess ekonomiku ta’ dawk li ju#aw l-

ekosistemi marini li ja%ixxu b’modi li jg"inu fil-kisba ta’ l-objettivi ta’ status ambjentali tajjeb.

(7) Strumenti ta’ mitigazzjoni u rimedju: strumenti ta’ %estjoni li jiggwidaw l-attivitajiet tal-bniedem

sabiex jirrestawraw komponenti danne%%ati ta’ l-ekosistemi marini.

(8) Komunikazzjoni, l-involviment tal-partijiet interessati u t-tqajjim ta’ kuxjenza pubblika =+

(1) The Competent Authority shall make an initial

assessment of Malta’s marine waters, taking account of existing

data where available and comprising the following

(a) an analysis of the essential features and

characteristics, and current environmental status of those

waters, based on the indicative lists of elements set out

in Table 1 of Schedule II, and covering the physical and

chemical features, the habitat types, the biological features

and the hydro-morphology;

(b) an analysis of the predominant pressures and

impacts, including human activity, on the environmental

status of those waters which

(i) is based on the indicative lists of elements set

out in Table 2 of Schedule II, and covers the qualitative

and quantitative mix of the various pressures, as well as

discernible trends;

(ii) covers the main cumulative and synergetic

effects; and

(iii) takes account of the relevant assessments

which have been made pursuant to existing Community

legislation;

(c) an economic and social analysis of the use of

those waters and of the cost of degradation of the marine

environment.

(2) The analyses referred to in sub-regulation (1) of

this regulation shall take into account elements regarding coastal,

transitional and territorial waters covered by relevant provisions

of existing legislation, in particular the Water Policy Framework

Regulations, 2004. They shall also take into account, or use as their

basis, other relevant assessments such as those carried out jointly

in the context of Regional Sea Conventions, so as to produce a

comprehensive assessment of the status of the marine environment.

(3) In preparing assessments pursuant to sub-

regulation (1) of this regulation, the Competent Authority shall, by

means of the coordination established pursuant to regulations 4 and

5, make every effort to ensure that

(a) assessment methodologies are consistent across

the Ionian Sea and the Central Mediterranean Sea marine

subregion;

(b) transboundary impacts and transboundary features

are taken into account.

(1) Good environmental status shall be determined

at the level of the marine subregion as referred to in regulation 5

on the basis of the qualitative descriptors in Schedule I. Adaptive

management on the basis of the ecosystem approach shall be

applied with the aim of attaining good environmental status;

(2) By reference to the initial assessment made

pursuant to sub-regulation (1) of regulation 6, the Competent

Authority, in respect of Ionian Sea and the Central Mediterranean

Sea marine subregion, shall determine, for Malta’s marine waters,

a set of characteristics for good environmental status, on the basis

of the qualitative descriptors listed in Schedule I. The Competent

Authority shall take into account the indicative lists of elements

set out in Table 1 of Schedule II and, in particular, physical and

chemical features, habitat types, biological features and hydro-

morphology.

(3) The Competent Authority shall also take into

account the pressures or impacts of human activities in each marine

region or subregion, having regard to the indicative lists set out in

Table 2 of Schedule II.

(1) On the basis of the initial assessment made

pursuant to sub-regulation (1) of regulation 6, the Competent

Authority shall, in respect of Ionian Sea and the Central

Mediterranean Sea marine subregion, establish a comprehensive

set of environmental targets and associated indicators for Malta’s

marine waters so as to guide progress towards achieving good

environmental status in the marine environment, taking into

account the indicative lists of pressures and impacts set out in

Table 2 of Schedule II, and of characteristics set out in Schedule

III.

(2) When devising those targets and indicators,

the Competent Authority shall take into account the continuing

application of relevant existing environmental targets laid down

at national, EU or international level in respect of the same waters,

ensuring that these targets are mutually compatible and that

relevant transboundary impacts and transboundary features are also

taken into account, to the extent possible.

(1) On the basis of the initial assessment made

pursuant to sub-regulation (1) of regulation 6, the Competent

Authority shall establish and implement coordinated monitoring

programmes for the ongoing assessment of the environmental

status of their marine waters on the basis of the indicative lists of

elements set out in Schedule II and the list set out in Schedule IV,

and by reference to the environmental targets established pursuant

to regulation 8.

(2) Monitoring programmes shall be compatible

within marine regions or subregions and shall build upon, and

be compatible with, relevant provisions for assessment and

monitoring laid down by legislation, including the Habitats and

Birds Directives, or under international agreements.

(3) The Competent Authority shall in the interest of

coherence and coordination, endeavour to ensure that

(a) monitoring methods are consistent across the Ionian

Sea and the Central Mediterranean Sea marine subregion so

as to facilitate comparability of monitoring results;

(b) relevant transboundary impacts and transboundary

features are taken into account.

(1) The Competent Authority shall, in respect of the

Ionian Sea and the Central Mediterranean Sea marine subregion,

identify the measures which need to be taken in order to achieve

or maintain good environmental status, as determined pursuant to

regulation 7, in Malta’s marine waters.

(2) Those measures shall be devised on the basis of the

initial assessment made pursuant to sub-regulation (1) of regulation

6 and by reference to the environmental targets established pursuant

to sub-regulation (1) of regulation 8, and taking into consideration

the types of measures listed in Schedule V.

(3) The Competent Authority shall integrate the

measures devised pursuant to sub-regulation (1) of this regulation

into a programme of measures, taking into account relevant

measures required under Community legislation, in particular

Directive 2000/60/EC, Council Directive 91/271/EEC concerning

urban waste-water treatment and Directive 2006/7/EC of the

European Parliament and of the Council of 15 February 2006

concerning the management of bathing water quality, as well as

Directive 2008/105/EC on environmental quality standards in the

field of water policy, or international agreements.

(4) When drawing up the programme of measures

pursuant to sub-regulation (3) of this regulation, the Competent

Authority shall give due consideration to sustainable development

and, in particular, to the social and economic impacts of the

measures envisaged.

(5) The Competent Authority shall ensure that measures

are cost-effective and technically feasible, and shall carry out

impact assessments, including cost-benefit analyses, prior to the

introduction of any new measure.

(6) Programmes of measures established pursuant to this

regulation shall include spatial protection measures, contributing

to coherent and representative networks of marine protected areas,

adequately covering the diversity of the constituent ecosystems,

such as special areas of conservation pursuant to the Habitats

Directive, special protection areas pursuant to the Birds Directive,

and marine protected areas within the framework of international

agreements to which Malta is a contracting party.

(7) Where the Competent Authority considers

that the management of a human activity at Community or

international level is likely to have a significant impact on the

marine environment, particularly in the areas addressed in sub-

regulation (6) of this regulation, it shall, individually or jointly

with neighbouring Competent Authorities, address the relevant

Competent Authority or international organisation concerned with

a view to the consideration and possible adoption of measures

that may be necessary in order to achieve the objectives of these

regulations, so as to enable the integrity, structure and functioning

of ecosystems to be maintained or, where appropriate, restored.

(8) By 2013 at the latest, the Competent Authority

shall make publicly available, in respect of the Ionian Sea and the

Central Mediterranean Sea marine subregion, relevant information

on the areas referred to in sub-regulations (6) and (7) of this

regulation.

(9) The Competent Authority shall indicate in the

programme of measures how the measures are to be implemented

and how they will contribute to the achievement of the

environmental targets established pursuant to sub-regulation (1) of

regulation 8.

(10) The Competent Authority shall consider the

implications of the programme of measure on waters beyond

Malta’s marine waters in order to minimise the risk of damage to,

and if possible have a positive impact on, those waters.

(11) The Competent Authority shall ensure that the

programme of measures is made operational within one year of its

establishment.

(1) The Competent Authority may identify instances

within Malta’s marine waters where, for any of the reasons listed

under paragraphs (a) to (d) hereof, the environmental targets or

good environmental status cannot be achieved in every aspect

through measures taken by the Competent Authority, or, for reasons

referred to under paragraph (e), they cannot be achieved within the

time schedule concerned

(a) action or inaction for which Malta is not

responsible;

(b)

natural causes;

(c) force majeure;

(d) modifications or alterations to the physical

characteristics of marine waters brought about by actions

taken for reasons of overriding public interest which outweigh

the negative impact on the environment, including any

transboundary impact;

(e) natural conditions which do not allow timely

improvement in the status of the marine waters concerned.

(2) The Competent Authority shall identify such

instances clearly in the programme of measures and shall consider

the consequences for Member States in Ionian Sea and the Central

Mediterranean Sea subregion.

(3) However, the Competent Authority shall take

appropriate ad hoc measures aiming to continue pursuing the

environmental targets, to prevent further deterioration in the

status of the marine waters affected for reasons identified under

paragraphs (b), (c) or (d) of sub-regulation (1) and to mitigate

the adverse impact at the level of the Ionian Sea and the Central

Mediterranean Sea marine subregion or in the marine waters of

other Member States.

(4) In the situation covered by paragraph (d) of sub-

regulation (1) of this regulation, the Competent Authority shall

ensure that the modifications or alterations do not permanently

preclude or compromise the achievement of good environmental

status at the level of the Ionian Sea and the Central Mediterranean

Sea marine subregion or in the marine waters of other Member

States.

(5) The ad hoc measures referred to in sub-regulation

(3) of this regulation shall be integrated as far as practicable into

the programmes of measures.

(6) The Competent Authority shall develop and

implement all the elements of marine strategy referred to in sub-

regulation (2) of regulation 5, but shall not be required, except

in respect of the initial assessment described in regulation 6, to

take specific steps where there is no significant risk to the marine

environment, or where the costs would be disproportionate taking

account of the risks to the marine environment, and provided

that there is no further deterioration, while avoiding that the

achievement of good environmental status be permanently

compromised.

(7) Where the Competent Authority identifies an

issue which has an impact on the environmental status of Malta’s

marine waters and which cannot be tackled by measures adopted

at national level, or which is linked to another Community policy

or international agreement, it shall prepare a justification to

substantiate this view.

(1) The Competent Authority shall ensure that, in

respect of the Ionian Sea and the Central Mediterranean Sea marine

subregion, the marine strategy for Malta’s marine waters is kept up

to date.

(2) For the purposes of sub-regulation (1) of this

regulation, the Competent Authority shall review, in a coordinated

manner as referred to in regulation 5, the following elements of the

marine strategy every six years after its initial establishment

(a) the initial assessment and the determination of

good environmental status, as provided for in sub-regulation

(1) of regulation 6 and of regulation 7 respectively;

(b) the environmental targets established pursuant to

sub-regulation (1) of regulation 8;

(c) the monitoring programmes established pursuant to

sub-regulations (1) and (2) of regulation 9;

(d) the programmes of measures established pursuant

to sub-regulation (3) of regulation 10.

The Competent Authority shall, within three years of the

publication of each programme of measures or update thereof in

accordance with sub-regulation (2) of regulation 12, prepare a brief

interim report describing progress in the implementation of that

programme.

(1) In accordance with relevant existing Community

legislation, the Competent Authority shall ensure that all interested

parties are given early and effective opportunities to participate in

the implementation of these regulations, involving, where possible,

existing management bodies or structures, including Regional Sea

Conventions, Scientific Advisory Bodies and Regional Advisory

Councils.

(2) The Competent Authority shall publish, and make

available to the public for comment, summaries of the following

elements of the marine strategy, or the related updates, as follows

(a) the initial assessment and the determination of

good environmental status, as provided for in sub-regulation

(1) of regulation 6 and of regulation 7 respectively;

(b) the environmental targets established pursuant to

sub-regulation (1) of regulation 8;

(c) the monitoring programmes established pursuant to

sub-regulations (1) and (2) of regulation 9;

(d) the programmes of measures established pursuant

to sub-regulation (3) of regulation 10.

(3) With regard to access to environmental information,

Directive 2003/4/EC of the European Parliament and of the Council

of 28 January 2003 on public access to environmental information

shall apply.

B