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Maltese Laws |
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:-
Framework Regulations, 2011.
Title and scope.
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(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 Council.
(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.
Definitions.
L.N. 194 of 2004
.
2. (1) In these regulations the following definitions shallapply:
‘‘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 ) c o a s t a l w a t e r s a s d e fi n e d b y t h e Wa t e r 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 a n d i m p l e m e n t e d i n r e s p e c t o f e a c h m a r i n
e r e g i o n o r 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 ) h y d r o - m o r p h o l o g i c a l , p h y s i c a l a n d 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;
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‘‘ e n v i r o n m e n t a l t a r g e t ’’ m e a n s a q u a l i t a t i v e o r 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;
‘‘ r e g i o n a l c o o p e r a t i o n ’’ m e a n s c o o p e r a t i o n a n d 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.
( 2 ) T h e C o m p e t e n t A u t h o r i t y s h a l l t a k e a l l t h e necessary measures to ensure the appropriate administrative
arrangements for the application of these regulations.
( 3 ) T h e C o m p e t e n t A u t h o r i t y s h a l l t a k e a l l t h e 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
u n d e r r e g u l a t i o n 9 a n d t h e p r o g r a m m e o f m e a s u r e s u n d e r 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.
(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 ) p r e v e n t a n d r e d u c e i n p u t s i n t h e m a r i n e 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 o f h u m a n a c t i v i t i e s s h a l l b e a p p l i e d w h e n d e v e
l o p i n g a n d 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.
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Co-ordination of administrative arrangements.
Development of
Marine Strategy.
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Regional cooperation.
5. (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;
( i i ) e n t r y i n t o o p e r a t i o n o f t h e p r o g r a m m e 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.
( a ) a n a n a l y s i s o f t h e e s s e n t i a l f e a t u r e s a n d 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;
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Assessment.
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(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.
Determination of good environmental status.
7. (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;VERŻJONI ELETTRONIKA(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.
(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.
9. (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.B 861
Establishment of environment targets.
Monitoring programs.
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(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.
Programme of
Measures.
10. (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 ) W h e r e t h e C o m p e t e n t A u t h o r i t y c o n s i d e r s 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 a n d h o w t h
e y w i l l c o n t r i b u t e t o t h e a c h i e v e m e n t o f t h e 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.
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Exceptions.
11. (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 ) a c t i o n o r i n a c t i o n f o r w h i c h M a l t a i s n o t responsible;
(b) natural causes; (c) force majeure;
( d ) m o d i fi c a t i o n s o r a l t e r a t i o n s t o t h e p h y s i c a l 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) T h e C o m p e t e n t A u t h o r i t y s h a l l d e v e l o p a n d 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.
(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.
Updating.
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Interim reports.
Public consultation and information.
13. 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.14. (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.
SCHEDULE I
B 867
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.
B 868 VERŻJONI ELETTRONIKA
Regulation 6SCHEDULE II
Indicative lists of characteristics, pressures and impactsTable 1
CharacteristicsPhysical and chemical features | • 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! |
Habitat types | • 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! |
Biological features | • 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. |
Other features | • 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. |
Table 2
Pressures and impactsB 869
"#$%&'()*)+%% | • Smothering (e.g. by man-made structures, disposal of dredge spoil), • sealing (e.g. by permanent '+,%-./'-&+,%0! |
Physical damage | • 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). |
Other physical disturbance | • Underwater noise (e.g. from shipping, underwater acoustic equipment), • marine litter. |
Interference with hydrological processes | • 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). |
Contamination by hazardous substances | • 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 |
Systematic and/or intentional release of 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. |
Nutrient and organic matter enrichment | • 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). |
Biological disturbance | • 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). |
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SCHEDULE IV
B 871
Regulation 9Monitoring 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 872 VERŻJONI ELETTRONIKA
Regulation 10SCHEDULE V
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.
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper <.. image removed ..>
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