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.

Other international policy applicable to this measure is Directive 2013/30/EU on safety of offshore oil and gas operations.