S.L. 549.62 Art. 11Exceptions.

(1) The competent authority may identify instances within

Malta’s marine waters where, for any of the reasons listed under paragraphs (a) to (d), 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) action or inaction for which Malta is not responsible;

(b) natural causes;

(c) force majeure;

(d) modifications or alterations to the physical 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 sub-regulation (1)(b),

(c) or (d) 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 subregulation (1)(d), 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) shall be integrated as far as practicable into the programmes of measures.

(6) The competent authority shall develop and implement all the elements of marine strategy referred to in regulation 5(2), 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.