MARINE POLICY FRAMEWORK REGULATIONS

SUBSIDIARY LEGISLATION 549.62

MARINE POLICY FRAMEWORK REGULATIONS

4th March, 2011

LEGAL NOTICE 73 of 2011, as amended by Legal Notice 365 of 2018.

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

Framework Regulations.

(2) The scope of these regulations is to 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 Council, as

amended by Commission Directive 2017/845/EU of 17 May 2017

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

Council as regards the indicative lists of elements to be taken into

account for the preparation of marine strategies.

(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 regulation 2(1) 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

a n d t h e d i s t r i b u ti o n a n d a b un d a nc e o f sp e c i e s a r e i n l i n e w i th p r e v a il i n g

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.

MARINE POLICY FRAMEWORK

(1)

In these regulations the following definitions shall

apply

"the competent authority" means the Office of the Prim e

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;

"criteria" means distinctive technical features that are closely

linked to qualitative descriptors;

"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;

"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;

"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;

"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;

"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, 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;

"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

l i v i n g r e so u r c e s a n d m a r i n e e co s y s t e m s , i n c l u d i n g l o s s o f

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;

"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, su c h a s t he C on v e n ti o n o n t h e P r ot e c ti o n o f t h e M a r i n e

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.

Substituted by

L.N. 365 of 2018.

Regulations 6, 7, 8 and 9

Indicative lists of ecosystem elements, anthropogenic

pressures and human activities relevant to the marine waters

Table 1

Structure, functions and processes of marine ecosystems with particular relevance for

point (a) of regulation 6(1), and regulations 7 and 9

Relevant

qualitative

descriptors

Possible parameters and

Theme

Ecosystem elements

laid down in

characteristics (Note 1)

Schedule I

(Notes 2 and

3)

Species

Species groups (Note 4)

Spatial and temporal variation

(1); (3)

of marine birds,

per species or population

mammals, reptiles, fish

— distribution, abundance and/

and cephalopods of the

or biomass

marine region or

— size, age and sex structure

subregion

— fecundity, survival and

mortality/injury rates

— behaviour including

movement and migration

— habitat for the species

(extent, suitability)

Species composition of the group

Habitats

Broad habitat types of the

Per habitat type

(1); (6)

water column (pelagic)

— habitat distribution and

and seabed (benthic)

extent (and volume, if

(Note 5), or other habitat

appropriate)

types, including their

— species composition,

associated biological

abundance and/or biomass

communities throughout

(spatial and temporal variation)

the marine region or

— size and age structure of

subregion

species (if appropriate)

— physical, hydrological and

chemical characteristics

Additionally for pelagic habitats

— chlorophyll a concentration

— plankton bloom frequencies

and spatial extent

MARINE POLICY FRAMEWORK

Ecosystems,

Ecosystem structure,

Spatial and temporal variation in

(1); (4)

functions and processes,

— temperature and ice

comprising

— hydrology (wave and

— physical and

current regimes; upwelling,

hydrological

mixing, residence time,

characteristics

freshwater input; sea level)

— chemical

— bathymetry

characteristics

— turbidity (silt/sediment

— biological

loads), transparency, sound

characteristics

— seabed substrate and

— functions and

morphology

processes

— salinity, nutrients (N, P),

organic carbon, dissolved gases

(pCO 2 , O 2 ) and pH

— links between habitats and

species of marine birds,

mammals, reptiles, fish and

cephalopods

— pelagic-benthic community

structure

— productivity

Notes related to Table 1

An indicative list of relevant parameters and characteristics for species,

habitats and ecosystems is given, reflecting parameters affected by the

pressures of Table 2 of this Schedule and of relevance to criteria laid down

in accordance with Article 9(3) of Directive 2008/56/EC. The particular

parameters and characteristics to be used for monitoring and assessment

should be determined in accordance with the requirements of these

regulations, including those of regulations 6, 7, 8 and 9.

The numbers in this column refer to the respective numbered points in

Schedule I.

Only the state-based qualitative descriptors (1), (3), (4) and (6) which have

criteria laid down in accordance with Article 9(3) of Directive 2008/56/EC

are listed in Table 1. All other, pressure-based, qualitative descriptors under

Schedule I may be relevant for each theme.

These species groups are further specified in Part II of the Annex to

Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria

and methodological standards on good environmental status of marine

waters and specifications and standardised methods for monitoring and

assessment, and repealing Decision 2010/477/EU.

These broad habitat types are further specified in Part II of the Annex to

Decision (EU) 2017/848.

MARINE POLICY FRAMEWORK

Table 2

Anthropogenic pressures, uses and human activities

in or affecting the marine environment

2a. Anthropogenic pressures on the marine environment

with particular relevance for points (a) and (b) of regulation 6(1) and regulations 7, 8 and 9

Relevant

qualitative

descriptors

Possible

Theme

Pressure (Note 1)

laid down in

parameters

Schedule I

(Notes 2

and 3)

Biological

Input or spread of non-indigenous species

Intensity of, and

(2)

spatial and

Input of microbial pathogens

temporal

Input of genetically modified species and translocation

variation in, the

of native species

pressure in the

Loss of, or change to, natural biological communities

marine

due to cultivation of animal or plant species

environment

Disturbance of species (e.g. where they breed, rest and

and, where

feed) due to human presence

relevant, at

Extraction of, or mortality/injury to, wild species (by

(3)

source

commercial and recreational fishing and other activities)

For assessment

of

Physical

Physical disturbance to seabed (temporary or reversible)

(6); (7)

environmental

Physical loss (due to permanent change of seabed

impacts of the

substrate or morphology and to extraction of seabed

pressure, select

substrate)

relevant

Changes to hydrological conditions

ecosystem

Substance

Input of nutrients

(5)

elements and

s, litter and

— diffuse sources, point sources, atmospheric

parameters

energy

deposition

from Table 1

Input of organic matter

—

diffuse sources and point sources

Input of other substances (e.g. synthetic substances, non-

(8); (9)

synthetic substances, radionuclides)

— diffuse sources, point sources, atmospheric

deposition, acute events

Input of litter (solid waste matter, including micro-sized

(10)

litter)

Input of anthropogenic sound (impulsive, continuous)

(11)

Input of other forms of energy (including

electromagnetic fields, light and heat)

Input of water

—

point sources (e.g. brine)

MARINE POLICY FRAMEWORK

2b. Uses and human activities in or affecting the marine environment

with particular relevance for points (b) and (c) of regulation 6 (1) (only activities marked * are relevant for

point (c) of regulation 6(1)), and regulations 8 and 10

Theme

Activity

Physical restructuring of rivers, coastline or

Land claim

seabed (water management)

Canalisation and other watercourse modifications

Coastal defence and flood protection*

Offshore structures (other than for oil/gas/renewables)*

Restructuring of seabed morphology, including dredging

and depositing of materials*

Extraction of non-living resources

Extraction of minerals (rock, metal ores, gravel, sand,

shell)*

Extraction of oil and gas, including infrastructure*

Extraction of salt*

Extraction of water*

Production of energy

Renewable energy generation (wind, wave and tidal

power), including infrastructure*

Non-renewable energy generation

Transmission of electricity and communications

(cables)*

Extraction of living resources

Fish and shellfish harvesting (professional,

recreational)*

Fish and shellfish processing*

Marine plant harvesting*

Hunting and collecting for other purposes*

Cultivation of living resources

Aquaculture — marine, including infrastructure*

Aquaculture — freshwater

Agriculture

Forestry

Transport

Transport infrastructure*

Transport — shipping*

Transport — air

Transport — land

Urban and industrial uses

Urban uses

Industrial uses

Waste treatment and disposal*

Tourism and leisure

Tourism and leisure infrastructure*

Tourism and leisure activities*

Security/defence

Military operations (subject to regulation 1(5))

Education and research

Research, survey and educational activities*

Notes related to Table 2

Assessments of pressures should address their levels in the marine

environment and, if appropriate, the rates of input (from land-based or

atmospheric sources) to the marine environment.

The numbers in this column refer to the respective numbered points in

Schedule I.

Only pressure-based qualitative descriptors (2), (3), (5), (6), (7), (8), (9),

(10) and (11), which have criteria laid down in accordance with Article 9(3)

of Directive 2008/56/EC, are listed in Table 2a. All other, state-based,

qualitative descriptors under Schedule I may be relevant for each theme.''.

(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

Indicative list of characteristics to be taken into account

for setting environmental targets

(1) Adequate coverage of the elements characterising marine waters under the

sovereignty or jurisdiction of Member States within a marine region or subregion.

(2)

Need to set -

(a) targets establishing desired conditions based on the definition of good

environmental status;

(b) measurable targets and associated indicators that allow for monitoring

and assessment; and

(c) operational targets relating to concrete implementation measures to

support their achievement.

(3) Specification of environmental status to be achieved or maintained and

formulation of that status in terms of measurable properties of the elements

characterising the marine waters of a Member State within a marine region or

(4)

Consistency of the set of targets; absence of conflicts between them.

(5)

Specification of the resources needed for the achievement of targets.

(6) Formulation of targets, including possible interim targets, with a timescale

for their achievement.

(7) Specification of indicators intended to monitor progress and guide

management decisions with a view to achieving targets.

(8)

Where appropriate, specification of reference points (target and limit

MARINE POLICY FRAMEWORK

reference points).

(9)

Due consideration of social and economic concerns in the setting of targets.

(10) Examination of the set of environmental targets, associated indicators and

limit and target reference points developed in light of the environmental objectives

laid down in regulation 1, in order to assess whether the achievement of the targets

would lead the marine waters falling under the sovereignty or jurisdiction of

Member States within a marine region to a status matching them.

(11) Compatibility of targets with objectives to which the Community and its

Member States have committed themselves under relevant international and regional

agreements, making use of those that are most relevant for the marine region or

subregion concerned with a view to achieving the environmental objectives laid

down in regulation 1.

(12) When the set of targets and indicators has been assembled, they should be

examined together relative to the environmental objectives laid down in regulation 1

to assess whether the achievement of the targets would lead the marine environment

to a status matching them.

(1) The marine strategy shall be developed and

implemented in accordance with the plan of action set out in

regulation 5(2), 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

regulation 2(1), 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 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 Schedule 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

MARINE POLICY FRAMEWORK

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.

(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), 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 regulation 8(1);

(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

regulation 9(1);

(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 regulation 10(1), (2), (3) and

(4);

(ii) entry into operation of the programme provided

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

accordance with regulation 10(11).

(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 regulation 4(1), 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), 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.

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) 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) 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. 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 subregulation (1), 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

regulation 6(1), 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 hydromorphology.

(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

regulation 6(1), 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

regulation 6(1), 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 regulation 6(1) and by reference to

the environmental targets established pursuant to regulation 8(1),

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) 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

s u b - r e g u l a t io n ( 3 ) , t h e c o m p e t e n t au t h o r i t y s h a l l g i v e d u e

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 subregulation

(6), 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).

(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 regulation 8(1).

(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 ), 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 sub-regulation (1)(b),

(c) or (d) 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 subregulation (1)(d), the

c o mp e t e n t a ut h or i ty s ha ll e n s ur e t ha t t he m o di f i c a t i on s 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) shall

be i nt e gr a t ed as f a r as p r a ct i ca b le in t o t he pr o g r a m m es o f

measures.

(6) The competent authority shall develop and implement all

the elements of marine strategy referred to in regulation 5(2), 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), 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 regulations

6(1) and 7 respectively;

(b) the environmental targets established pursuant to

regulation 8(1);

(c) the monitoring programmes established pursuant to

regulation 9(1) and (2);

(d) the programmes of measures established pursuant to

regulation 10(3).

The competent authority shall, within three years of the

publication of each programme of measures or update thereof in

accordance with regulation 12(2), 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 regulations

6(1) and 7 respectively;

(b) the environmental targets established pursuant to

regulation 8(1);

(c) the monitoring programmes established pursuant to

regulation 9(1) and (2);

(d) the programmes of measures established pursuant to

regulation 10(3).

(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.

MARINE POLICY FRAMEWORK