The legislation continues to be strictly enforced with legal action taken against offenders.

The designation of Marine Protected Areas was further strengthened as per Government Notice 682 of 2018 . Conservation measures and objectives for all of Malta’s Natura 2000 MPAs were published in January 2023 .

The Conservation Objectives and Measures for Malta's Marine Natura 2000 sites also address 'Mitigation of Incidental By-catch' seeking to improve the understanding of interactions of marine mammals with fisheries. Additionally, the use of mitigation measures as per GFCM recommendation GFCM/36/2012/2 on the mitigation of incidental catches of marine mammals in the Mediterranean will be promoted as part of the MPA management process. GFCM recommendations/ resolutions adopted following the first cycle PoMs also apply: • GFCM/44/2021/15 on the mitigation of fisheries impacts for the conservation of cetaceans, and • GFCM/43/2019/2, which further enhances the conservation of marine mammals in the GFCM area. Another union legislation applicable to this measure is Regulation (EC) 1967/2006.

Training sessions with fishermen were held by Malta's Department of Fisheries and Aquaculture in collaboration with Birdlife Malta as part of the Life PanPuffinus project. A key component of effective management of pressures from fisheries activity on the marine environment is the active involvement of fishers in management processes. Such approach was adopted by three measures in the first Programme of Measures (MICMTM073_NEW, MICMTM076_NEW and MICMTM078_NEW) which sought improvement of knowledge on the interactions of fisheries with the marine environment in order to enable management of relevant pressures from fishing activity on species groups and benthic habitats. The implementation of these measures as undertaken to date has shown that there is scope for improvement in the involvement of fishers in environmental management processes. There is also the need to harmonise the implementation of the MSFD measures with the conservation measures for marine Natura 2000 sites as adopted in January 2023 (https://era.org.mt/wp-content/uploads/2023/02/MPAs-Conservation-Objectives-and-Measures_final_Feb2023.pdf). The management processes for Marine Protected Areas (MPAs) also recognise the need to involve fishers when addressing by-catch for seabirds, marine reptiles and marine mammals. In addition, the Marine Protected Area conservation measures seek the establishment of a committee including representatives of the local fishing community to identify an area where temporal and spatial management of fishing activity will be explored in agreement with fishers. Within this context, while MSFD measures MICMTM073_NEW (by-catch), MICMTM076_NEW (seabed habitats) and MICMTM078_NEW (commercially exploited species) are still deemed applicable and their implementation will be continued, different approaches will be explored to empower fishers and provide greater opportunities for knowledge sharing and direct involvement of fishers in management processes. The implementation of these measures will be sought in parallel with the primary aim of improving participation and involvement by fishers. Management processes will then be followed-up in synergy with the MPA conservation measures on the basis of the fishers’ engagement.

Awareness raising and provision of guidance targeting reduction of disturbance on marine species from anthropogenic activity are considered ongoing needs that have been/are being addressed under relevant environmental policy processes. Beyond the implementation of the MSFD Programme of Measures, awareness raising and guidance are sought through the conservation measures for marine Natura 2000 sites adopted in January 2023 (https://era.org.mt/wp-content/uploads/2023/02/MPAs-Conservation-Objectives-and-Measures_final_Feb2023.pdf). Such measures envisage the establishment of Codes of Conduct and associated regulation of selected activities to reduce disturbance on seabirds and marine mammals from boating activity and commercial vessels within Marine Protected Areas (MPAs). With respect to seabirds, the conservation measures also address land-based sources of light pollution. The MPA management process also includes measures supporting the achievement of favourable conservation status of the habitats and species through implementation at a national scale. One such measure is the development and implementation of a national awareness raising strategy, which can be considered as an overarching measure encompassing all awareness-related measures across policy processes. The updated Programme of Measures acknowledges the need to continue the implementation of the MSFD measures involving awareness/educational campaigns and/or the development of guidance documents/codes of conduct in synergy with management processes under other policy processes, in particular the management regime for Marine Protected Areas. Such approach will ensure harmonisation and effectiveness of awareness raising efforts at a national scale for the purpose of marine biodiversity that is sensitive to anthropogenic disturbance. Within this context, measures MICMTM071_NEW, MICMTM072_NEW, MICMTM074_NEW and MICMTM077_NEW are ongoing and will continue to be implemented through this proposed harmonised approach. For this purpose, awareness raising and best practice guidance will continue to be sought in parallel through elaboration and/or updating of Codes of Conduct and implementation of awareness raising campaigns with the aim of addressing sources of anthropogenic disturbance on seabirds, marine reptiles, marine mammals and other marine species.

The scope of this measure was to ensure a consistent approach towards consideration of MSFD requirements and implementation of MSFD processes through existing licensing regimes in offshore waters. This was planned to be achieved through the development of a guidance document agreed by the involved entities, including the Continental Shelf Directorate as the licensing body and the Environment and Resources Authority as the environmental entity. For the purpose of the updated Programme of Measures, Malta can confirm that consideration of MSFD requirements in regulated offshore activity is ensured through the licencing procedure as outlined hereunder. With respect to hydrocarbon exploration and exploitation the licensing procedure includes an obligation for operators to abide with ‘Best Available Techniques Guidance Document on upstream hydrocarbon exploration and production’ which addresses a wide range of potential pressures on the marine environment including emissions/discharges, noise and litter. It also outlines the required assessment processes in relation to biodiversity. The adoption of this harmonised approach in consideration of environmental issues for hydrocarbon exploration and production in offshore waters, replaced the need for a guidance document at a national scale. The objective of the measure as reported in 2017 is still being achieved through the ongoing licensing process. This, coupled to the very low frequency of hydrocarbon exploration and exploitation activity in Maltese offshore waters , indicates that the current regulation of such activity of offshore waters is geared towards maintenance or achievement of GES in relation to the relevant species groups and habitats that could be affected by such activity, and in relation to the pressures associated with such (contaminants, underwater noise and marine litter). Other regulated activity in offshore waters involves primarily the laying of cables and pipelines and marine scientific research. These activities are still regulated through the licensing procedures which include environmental considerations. However, the potential environmental impacts and pressures associated with such activity are not considered to have a significant bearing on GES. Noise data is required in accordance with the MSFD monitoring procedures, but further action targeting such offshore activity is not deemed necessary.

Measure previously reported as ""Continue to strengthen the relationship between environmental and planning regulatory processes (including Marine Strategy Framework Directive concerns)"". For the purpose of this update, this measure will be renamed as “Environmental Permitting System” to ensure alignment with Malta’s third River Basin Management Plan, which at the time of reporting is subject to public consultation. Such measure is wider in scope and will include all necessary action related to the environmental permitting process. Measures MICMT-M047 and MICMT-M048 are being merged into this measure and withdrawn as seperate measures.

The national EIA Regulations were amended in 2020. These amendments allow to consolidate certain aspects of the transposition of the EIA Directive into the EIA process. Other Union legislation which applies to this is SEA Directive 2001/42/EC.

This is an ongoing measure.