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The Article 6 Assessment, better known as the Appropriate Assessment, evaluates the significance of the impacts of a proposed plan or project (either individually or in combination with other proposals) on sites of EU importance (Natura 2000 sites), in order to inform the decision-making process.

The EU’s two main Nature Directives are the Habitats Directive (Directive 92/43/EEC) and the Birds Directive (Directive 2009/147/EC), both of which require Member States to declare protected areas and manage them.

The management of these protected areas includes the regulation of development which may affect their integrity, structure and function, or the individual habitats and species, or habitats of species for which these protected areas were designated.

The EU Habitats Directive was transposed into national legislation via S.L.549.44: the Flora, Fauna and Natural Habitats Protection Regulations, 2006.

Regulation 19 of this Legal Notice, transposing Article 6 of the Habitats Directive requires the assessment of all plans or projects which are not directly connected with or necessary to the management of the protected site and which may give rise to significant effects upon a Natura 2000 site or on a habitat or species for which the site was designated. This assessment is carried out to inform the decision-making process to ensure that the sites are protected from unnecessary damage as a result of the plan or project.

The Appropriate Assessment starts with two questions:

• Is the proposal directly connected with or necessary to the management of the SAC/SPA?

and if not

• Is the proposal likely to have a significant impact on the site, either individually or in combination with other plans or projects?

If the answer to the second question is affirmative or unclear, then further assessment is necessary in order to determine the significance of the impact, and whether this can be avoided altogether or minimized through the implementation of mitigation measures or alternative solutions.

This information allows an informed decision to be taken.  If the impact is not considered to be significant, or can be rendered insignificant through the application of mitigation measures, then the proposal can proceed, however, if mitigation measures cannot eliminate significant impacts, then the proposal should be refused.

 

How is the AA Process handled?

Basic screening of all relevant proposals is carried out to determine whether or not they are connected with or necessary to the management of the protected site, and if not, to identify whether or not there is a likely significant impact, either as a result of the individual proposal, or as a result of cumulative effects of the proposal together with other existing plans and projects.

In some cases, further specific information may be required to conclude the assessment.

In more complex cases, more detailed investigation may be required. In these cases, the applicant is required to engage relevant experts to carry out this assessment, and terms of reference as guidance for the necessary investigation are provided. The resulting report is then reviewed for an informed technical opinion.

The Environment and Resources Authority (The Licensor) acknowledges that Malta’s reporting pursuant to the Water Framework Directive 2000/60/EC and associated Directive 2008/105/EC is licensed under the Creative Commons Attribution 4.0 International Public License​.​

CONSULTATION BRIEF

Start date: 9 December 2019

Closing date: 4 February 2020

Title of the public consultation: Public Consultation: Updated Assessment of Status, Good Environmental Status and Environmental Targets for Malta’s marine waters pursuant to the Marine Strategy Framework Directive 2008/56/EC (MSFD)

Ministry: Ministry for Environment, Sustainable Development and Climate Change

Entity: Environment & Resources Authority

1. Background

EU Directive 2008/56/EC establishing a framework for community action in the field of marine environmental policy, known as the Marine Strategy Framework Directive (MSFD), calls for the achievement or maintenance of Good Environmental Status (GES) in the marine environment by the year 2020 through the development and implementation of marine strategies. GES is defined by eleven descriptors covering various elements pertaining to the marine environment and the pressures thereon. Member States are required to seek achievement of GES, as determined at the level of the marine region or sub-region, for each Annex I descriptor based on a plan of action stipulated by the Directive itself.

In accordance with Article 17 and Article 19 of the Directive, all the elements of the marine strategy should be reviewed every six years after their initial establishment and the updates should be made available to the public for comments. Within this context, ERA has carried out the second cycle of the assessment of the status of the marine environment, and the revision of GES characteristics and the environmental targets that were initially reported by Malta in 2013.

The documents being issued as part of this public consultation include the state of the marine environment and associated pressures and impacts (Article 8), and the revised Good Environmental Status characteristics (Article 9) and environmental targets (Article 10).

2. Consultation

The public is invited to submit any feedback or comments on these documents.

3. Documents

MSFD Initial Assessment – Second Cycle
MSFD Good Environmental Status & Environmental Targets – Second Cycle

4. Submission of feedback

E-mail: [email protected]

5. Further notes

Please be informed that comments submitted, together with the identity of the contributor, may be published online at the end of the public consultation, unless the contributor objects to the publication of his/her personal data. In this case, the contribution may be published in anonymous form.

All comments submitted shall be duly considered.

CONSULTATION BRIEF

Start date: 11 December 2019

Closing date: 29 January 2020

Title of the public consultation: Public Consultation: Action Plan Addressing Escape From Confinement of Invasive Alien Species (IAS) of Union Concern 2020 (Pets, Aquaria and Terrarium species)

Ministry: Ministry for the Environment, Sustainable Development and Climate Change

Entity: Environment & Resources Authority (ERA)

1. Background

In terms of Article 51 of the Environment Protection Act (Cap. 549), it is duly notified that the Environment and Resources Authority (ERA) has prepared an Action Plan Addressing Escape From Confinement of Invasive Alien Species (IAS) of Union Concern 2020 (Pets, Aquaria and Terrarium species), in line with Article 13 (Action plans on the pathways of invasive alien species) of Regulation (EU) No. 1143/2014 on the prevention and management of the introduction and spread of invasive alien species.

Malta carried out a comprehensive analysis on the routes and mechanisms (pathways) of the unintentional introduction and spread of IAS of Union concern and identified the priority pathway for such species. The analysis covered forty-eight species, and concluded that the principal mode of introduction/spread is through the escape from confinement of pet/aquarium/terrarium species. Indeed, four out of six IAS of EU concern that have been recorded in the Maltese islands (i.e. Red-eared slider, Red swamp crayfish, Marbled crab and Signal crayfish) are believed to have been introduced through this pathway.

This pathway includes both escapes (i.e. escapes of pet animals, spread of aquatic plants from garden ponds during heavy rains, inappropriate disposal of aquarium/garden pond waters containing seeds, plant fragments, eggs, larvae, and so forth) and the deliberate release of unwanted specimens.

The Action Plan describes measures to address the highlighted pathway, and also includes a timetable for action.

2. Consultation

1. Do you agree with the actions proposed in this action plan?
2. Are there any other actions which you think should be included in the action plan?

3. Documents

Action Plan for a priority pathway of potential unintentional introduction of Invasive Alien Species (IAS) of Union concern
Report on comments submitted during ‘Intent and Objectives’ stage

4. Submission of feedback

E-mail: [email protected]

5. Further notes

Please be informed that comments submitted, together with the identity of the contributor, may be published online at the end of the public consultation, unless the contributor objects to the publication of his/her personal data. In this case, the contribution may be published in anonymous form.

All comments submitted shall be duly considered.

CONSULTATION BRIEF

Start date: 22/11/2019

Closing date: 24/01/2020

Title of the public consultation: National Air Pollution Control Programme
Ministry: Ministry for the Environment, Sustainable Development and Climate Change

Entity: Environment & Resources Authority (ERA)

1. Background

The Environment and Resources Authority (ERA), in collaboration with the Ministry for the Environment, Sustainable Development and Climate Change, has prepared a National Air Pollution Control Programme (NAPCP).

The NAPCP is the principal governance tool under the National Emission Ceilings (NEC) Directive, supporting Member States to plan their policies and measures. The selection of these policies and measures is based on the following objectives:

• To reduce air pollutant emissions for the purpose of reaching compliance with the national emission reduction commitments for 2020 and 2030, as set in Annex II of  the NEC Directive, for the following pollutants:

– Nitrogen Oxides (NOx)
– Sulphur Dioxide (SO2)
– Non-methane Volatile Organic Compounds (nmVOCs)
– Ammonia (NH3)
– Fine Particulate Matter (PM2.5)

• To contribute in the improvement of air quality and compliance with limit values as set out in the Ambient Air Quality Directive (2008/50/EC).
• To identify and maximise potential synergies to ensure coherence with other plans and programmes, including those related to climate, energy, agriculture, industry and transport, while avoiding conflict with other policies and measures adopted under different policy areas.

Historical emissions inventory data and ambient air quality data were used to assess the progress made with the implementation of policies and measures to date. Moreover, emission projections were produced for two policy scenarios for the years 2020 and 2030: the “With Measures” or baseline scenario, whereby emissions are projected based on  adopted policies and measures as of end 2017, and the “With Additional Measures” scenario, which reflects new policies and measures planned to be implemented in future
years.

This assessment shows that the transport sector is the major source of NOx emissions in Malta. To this effect, the NAPCP outlines a number of measures which are targeted to reduce emissions from various sectors, however the focus is on measures related to the transport sector. A reduction in NOx emissions is required for Malta to gradually reach compliance with the 2030 emission reduction commitment, as set out in the NEC Directive.

This programme is required under Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants. The new NEC Directive has been transposed into national legislation through S.L. 549.124, Limitation of Emissions of Certain Atmospheric Pollutants Regulations.

Pursuant to Article 6 of the NEC Directive and above-mentioned national legislation, every Member State must submit a National Air Pollution Control Programme (NAPCP).

2. Consultation

The public is invited to submit any feedback or comments on this Programme.

3. Documents

National Air Pollution Control Programme

4. Submission of feedback

E-mail: [email protected]

5. Further notes

Please be informed that comments submitted, together with the identity of the contributor, may be published online at the end of the public consultation, unless the contributor objects to the publication of his/her personal data. In this case, the contribution may be published in anonymous form.

CONSULTATION BRIEF

Start date: 20 November 2019

Closing date: 22 January 2020

Title of the public consultation: Public Consultation: Construction and Demolition Waste Strategy for Malta, 2020-2025 – Managing Construction & Demolition Resources

Ministry: Ministry for Environment, Sustainable Development and Climate Change

Entity: Environment & Resources Authority

1. Background

Recent data shows that the construction industry has experienced a considerable increase in activity over recent years. This is resulting in increased mineral extraction and waste generation. To date, there is a reliance to dispose of waste from such activities.

In this context, the Environment and Resources Authority (ERA), in collaboration with the Ministry for Environment, Sustainable Development and Climate Change has prepared a national strategy for the management of waste originating from construction, demolition and excavation operations. This document is entitled “Construction and Demolition Waste Strategy for Malta, 2020-2025 – Managing Construction & Demolition Resources.”

The draft strategy is in line with the European Union’s Circular Economy policy. The aim of the strategy is to identify options for the management of waste arising from construction, demolition and excavation activities. To achieve this, a number of short-term and longterm measures are included.

The objectives of this strategy are to increase re-use and recycling of waste generated from construction, demolition and excavation activities, thereby reducing backfilling.

2. Consultation

The public is invited to submit any feedback or comments on the objectives and measures of this strategy.

3. Documents

Construction and Demolition Waste Strategy for Malta, 2020-2025 – Managing Construction & Demolition Resources

4. Submission of feedback

E-mail: [email protected]

5. Further notes

Please be informed that comments submitted, together with the identity of the contributor, may be published online at the end of the public consultation, unless the contributor objects to the publication of his/her personal data. In this case, the contribution may be published in anonymous form.

All comments submitted shall be duly considered.