S.L. 549.100 Art. 19Applicabilityofthe Criminal Code. Cap. 9. Cap. 9. Cap. 9. The water (i) Name of the authority (ii) main description should as far system (GIS). (iii) Legal the competent founding the relevant (iv) catchment (v) other summary of coordination. 1.1 The surface water accordance surface water (i) or (ii)

(1) The provisions of articles 23 and 30 of the Criminal Code shall, apply to proceedings, in respect of mutatis mutandis, offences against these regulations, so however that the disqualification from holding or obtain a licence, permit or authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations. SCHEDULE I

INFORMATION REQUIRED FOR THE LIST OF COMPETENT AUTHORITIES

following information on the competent authority shall be included in the catchment management plan:

and address of the competent authority - the official name and address identified under regulation 4.

Geographical coverage of the water catchment district - the names of the watercourses within the water catchment district together with a precise of the boundaries of the water catchment district. This information as possible be available for introduction into a geographic information status of the competent authorities - a description of the legal status of authority and, where relevant, a summary or copy of its statute, treaty or equivalent legal document or the Act of Parliament establishing Authority. Responsibilities - a description of the legal and administrative responsibilities of each competent authority and of its role within each water district.

Membership - where the competent authority acts as a coordinating body for competent authorities, a list is required of these authorities together with a the institutional relationships established in order to ensure

SCHEDULE II SURFACE WATERS

Characterisation of surface water body types competent authority shall identify the location and boundaries of bodies of and shall carry out an initial characterisation of all such bodies in with the following methodology. The competent authority may group bodies together for the purposes of this initial characterisation. The surface water bodies within the water catchment district shall be identified as falling within either one of the following surface water categories - watercourses, pools, transitional waters or coastal waters -as artificial surface water bodies or heavily modified surface water bodies. For each surface water category, the relevant surface water bodies within the water catchment district shall be differentiated according to type. These types are those defined using either ‘system A’ or ‘system identified in section 1.2. system A is used, the surface water bodies within the water catchment district shall be differentiated by surface water body types according to the descriptors set out in the tables for system A. system B is used, the competent authority must achieve at least the same degree of differentiation as would be achieved using system A. Accordingly, the surface water bodies within the water district shall be differentiated into types using the obligatory descriptors and such optional descriptors, or combinations descriptors, as are required to ensure that type specific reference conditions can be reliably derived.

(v) For artificial and heavily modified surface water differentiation shall be undertaken in accordance with for whichever of the surface water categories most closely the heavily modified or artificial water body concerned.

(vi) The competent authority shall develop a map or maps (in of the geographical location of the types consistent with differentiation required under system A.

1.2 Ecoregions and surface water body types Watercourses

System A Fixed typology Descriptors Ecoregion Italy, Corsica and Malta Type Altitude typology mid-altitude: 200 to 800 m lowland: <200 m Size typology based on catchment 2 small: 10 to 100 km Geology calcareous

System B Alternative characterisation Physical and chemical factors that characteristics of the watercourse watercourse and hence the biological structure and composition Obligatory factors altitude latitude longitude geology size Optional factors distance from water source energy of flow (function of flow and mean water width mean water depth mean water slope form and shape of main river bed river discharge (flow) category valley shape transport of solids acid neutralising capacity mean substratum composition chloride air temperature range mean air temperature precipitation

Fixed typology Descriptors Italy, Corsica and Malta Altitude typology mid-altitude: 200 to 800 m lowland: <200 m Depth typology based on mean depth <3 m 3 to 15 m >15 m Size typology based on surface area 2 0.5 to 1 km 2 1 to 10 km Geology calcareous characterisation Physical and chemical factors that determine the characteristics of the lake and hence the biological population structure and composition factors mean water depth lake shape residence time mean air temperature air temperature range mixing characteristics (e.g. monomictic, dimictic, polymictic) acid neutralising capacity background nutrient status mean substratum composition water level fluctuation waters

Fixed typology Descriptors Based on mean annual salinity <0.5: freshwater 0.5 to <5: oligohaline 5 to <18: mesohaline 18 to <30: polyhaline 30 to <40: euhaline Based on mean tidal range <2 m: microtidal characterisation Physical and chemical factors that determine the characteristics of the transitional water and hence the biological population structure and composition Obligatory factors latitude longitude tidal range salinity Optional factors depth current velocity wave exposure residence time mean water temperature mixing characteristics turbidity mean substratum composition shape water temperature range Coastal waters

System A Fixed typology Descriptors Ecoregion Mediterranean Sea Type Based on mean annual salinity <0.5: freshwater 0.5 to <5: oligohaline 5 to <18: mesohaline 18 to <30: polyhaline 30 to <40: euhaline Based on mean depth shallow waters: <30 m intermediate: (30 to 200 m) deep: >200 m

System B Alternative characterisation Physical and chemical factors that characteristics of the coastal water biological population structure and composition Obligatory factors latitude longitude tidal range salinity Optional factors current velocity wave exposure residence time mean water temperature mixing characteristics turbidity retention time (of enclosed bays) mean substratum composition water temperature range

1.3 Establishment of type-specific reference conditions for surface types

(i) For each surface water body type characterised in accordance 1.1, type-specific hydromorphological and physicochemical conditions representing the values of the hydromorphological and physicochemical elements specified in point 1.1 in Schedule V for that surface water body ecological status as defined in the relevant table in point 1.2 in Schedule Type-specific biological reference conditions shall be established, representing the biological quality elements specified in point 1.1 in Schedule V for water body type at high ecological status as defined in the relevant table in Schedule V.

applying the procedures set out in this section to heavily modified or surface water bodies references to high ecological status shall be construed to maximum ecological potential as defined in table 1.2.5 of Schedule for maximum ecological potential for a water body shall be reviewed years.

Type-specific conditions for the purposes of points (i) and (ii) and type-biological reference conditions may be either spatially based or based on may be derived using a combination of these methods. Where it is not these methods, the competent authority may use expert judgement to such conditions. In defining high ecological status in respect of of specific synthetic pollutants, the detection limits are those which achieved in accordance with the available techniques at the time when the conditions are to be established.

spatially based type-specific biological reference conditions, the authority shall develop a reference network for each surface water body network shall contain a sufficient number of sites of high status to provide level of confidence about the values for the reference conditions, given in the values of the quality elements corresponding to high ecological surface water body type and the modelling techniques which are to be paragraph (v). Type-specific biological reference conditions based on modelling may be either predictive models or hindcasting methods. The methods shall palaeological and other available data and shall provide a sufficient confidence about the values for the reference conditions to ensure that the derived are consistent and valid for each surface water body type. it is not possible to establish reliable type-specific reference a quality element in a surface water body type due to high degrees of variability in that element, not just as a result of seasonal variations, then that be excluded from the assessment of ecological status for that surface such circumstances the competent authority shall state the reasons for in the water catchment management plan.

Identification of Pressures competent authority shall collect and maintain information on the type and the significant anthropogenic pressures to which the surface water water catchment district are liable to be subject, in particular the and identification of significant point source pollution, in particular by listed in Schedule VIII, Schedule IX and X from urban, industrial, and other installations and activities, based, inter alia, on information under:

regulation 14 of the Urban Waste Water Treatment Regulations (S.L. 549.22) programmes published subsequent to these regulations;

regulations 7, 8 and 18 of the Industrial Emissions (Integrated Pollution Prevention and Control) Regulations (S.L. 549.77);

and for the purposes of the initial water catchment management plan:

(iii) Schedule IX and Schedule X;

(iv) the Water Intended for Human Consumption Regulations (S.L. Management of Bathing Water Quality Regulations (S.L. 465.09); Estimation and identification of significant diffuse source pollution, by substances listed in Schedule VIII, from urban, industrial, agricultural installations and activities; based, inter alia, on information gathered

(i) regulations 4, 6 and 7 of the Protection of Waters against Pollution by Nitrates from Agricultural Sources Regulations (S.L. 549.25);

(ii) articles 7 and 17 of Directive 91/414/EEC (concerning placing protection products on the market);

(iii) Directive 98/8/EC (concerning the placing of biocidal products market); and for the purposes of the first water catchment management

(iv) the Quality required of Surface Water intended for the Drinking Water Regulations (S.L. 549.21), the Management of Bathing Quality Regulations (S.L. 465.09).

Estimation and identification of significant water abstraction for urban, agricultural and other uses, including seasonal variations and total annual and of loss of water in distribution systems. Estimation and identification of the impact of significant water flow including water transfer and diversion, on overall flow characteristics balances. Identification of significant morphological alterations to water bodies. Estimation and identification of other significant anthropogenic status of surface waters. Estimation of land use patterns, including identification of the industrial and agricultural areas and, where relevant, fisheries and forests. Inventory of Emissions, Discharges and Losses

(a) For the purposes of the first and subsequent reviews of the analysis under regulation 5, the competent authority shall establish an inventory, maps, if available, of emissions, discharges and losses of all priority pollutants listed in Part A, Table 1 of Schedule IX on the basis of the collected in accordance with regulations 5 and 8, the European Pollutant Transfer Register Reporting Obligations Regulations (S.L. 549.47), permits and, or operational permits as issued by the relevant competent other available data, for the water catchment district lying within territory, including their concentrations in sediment and biota, as appropriate.

(b) The reference period for the estimation of pollutant values to the inventories referred to in point (a) above shall be one year between