L.S. 549.23 Regolamenti dwar il-Kwalità meħtieġa fl-Ilma fejn jikber il-Frott tal-Baħar bil-Qoxra

(1)These regulations concern the quality of shellfish waters and apply to the coastal and brackish waters designated by the competent authority as needing protection or improvement in order to support shellfish (bivalve and gastropod molluscs) life and growth and thus to contribute to the high quality of shellfish products directly edible by man. Scope.

(2)The parameters applicable to the waters designated by the competent authority are listed in Annex I. 3.

(1)The competent authority shall for the designated waters, set values for the parameters listed in Annex I, in so far as values are given in column G or column I. The competent authority shall comply with the comments contained in both columns. Competent authority to set values.

(2)The competent authority shall not set values less stringent than those given in column I of Annex I and shall endeavour to observe the values in column G, while taking into account the principle set out in regulation 8.

(3)For discharges of effluents falling within parameters "organohalogenated substances" and "metals", the emission standards laid down by the competent authority pursuant to the Pollution Caused by Certain Dangerous Substances Discharged into the Aquatic Environment Regulations shall be applied at the same time as the quality objectives and the other obligations arising from these regulations, in particular those relating to sampling. S.L. 549.10 4.

(1)waters. Designation of shellfish waters. The competent authority shall designate shellfish

(2)The competent authority may subsequently make additional designations.

(3)The competent authority may revise the designation of certain waters owing in particular to factors unforeseen at the time of desi gnation, t akin g into acco unt the principl e set out in regulation

2. The competent authority shall establish programmes in order to reduce pollution and to ensure that designated waters conform, within six years following designation in accordance with regulation 4, to both the values set by the competent authority in accordance with regulation 3 and the comments contained in columns G and I of Annex I. Pollution reducing programmes. 2 [ S.L.549.23 Parametric values. QUALITY REQUIRED OF SHELLFISH WATERS 6.

(1)For the purpose of implementing regulation 5, the designated waters shall be deemed to conform to the provisions of these regulations if samples of such waters, taken at the minimum frequency specified in Annex I, at the same sampling point and over a period of twelve months, show that they conform to both the values set by the competent authority in accordance with regulation 3 and the comments contained in columns G and I of Annex I as regards: - 100% of the samples for the parameters "organohalogenated substances" and "metals" - 95% of the samples for the parameters "salinity" and "dissolved oxygen" - 75% of the samples for the other parameters listed in Annex I. If, in accordance with subregulation

(2), the sampling frequency for all the parameters in Annex I except "organohalogenated substances" and "metals" is lower than that indicated in Annex I, the above mentioned values and comments shall be complied with in the case of all the samples.

(2)Instances in which the values set by the competent authority in accordance with regulation 3 or the comments contained in columns G and I of Annex I are not respected shall not be taken into consideration in the calculation of the percentages provided for in subregulation

(1)when it is the result of a disaster or an emergency. Sampling operations. 7.

(1)The competent authority shall carry out sampling operations, the minimum frequency of which is laid down in Annex I.

(2)Where the competent authority records that the quality of designated waters is appreciably higher than that which would result from the application of the values set in accordance with regulation 3 and the comments contained in Columns G and I of Annex I, the frequency of the sampling may be reduced. Where there is no pollution and no risk of deterioration in the quality of the waters, the competent authority may decide that no sampling is necessary.

(3)If sampling shows that a value set in accordance with regulation 3 or a comment contained in columns G and I of Annex I is not respected, the competent authority shall establish whether this is the result of chance, a natural phenomenon or pollution, and shall adopt appropriate measures.

(4)The exact sampling point, the distance from this point to the nearest point where pollutants are discharged and the depth at which the samples are to be taken shall be fixed by the competent authority on the basis of local environmental conditions in particular.

(5)The reference methods of analysis to be used for calculating the value of the parameters concerned are set out in Annex I. Laboratories that employ other methods shall ensure that the results obtained are equivalent or comparable to those specified in Annex QUALITY REQUIRED OF SHELLFISH WATERS [ S.L.549.23 3 I.

1. Implementation of the measures taken pursuant to these regulations may on no account lead, either directly or indirectly, to increased pollution of coastal and brackish waters. Implementation not to lead to increased pollution.
2. The competent authority may at any time set more stringent values for the designated waters than those laid down in these regulations. The competent authority may also lay down provisions relating to other parameters than those provided for in these regulations. More stringent values.
3. The competent authority may derogate from these regulations in the event of exceptional weather or geographical condition Derogation.
4. Such amendments as are necessary for adapting to technical and scientific progress the G values for the parameters and the methods of analysis contained in Annex I shall be adopted by the competent authority. Amendments to be adopted by the competent authority.
5. The competent authority shall publish by notice in the Gazette on a periodic basis information concerning: Periodic information. - the waters designated in accordance with regulation 4

(1)and

(2)in summary form, - the revision of the designation of certain waters in accordance with regulation 4

(3), - the provisions laid down in order to establish new parameters in accordance with regulation 9. Where the competent authority applies the provisions of regulation 11, it shall forthwith publish by notice in the Gazette reasons and the periods anticipated. 13. Any person shall be guilty of an offence under these offences under these regulations if: (

1. a)he fails to comply with any provision of these regulations or with any order lawfully given in terms of any provision of these regulations; or (
2. b)he contravenes any restriction, prohibition or requirement imposed by or under these regulations; or (
3. c)he acts in contravention of any of the provisions of these regulations; or (
4. d)he conspires or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contravene the provisions of these regulations or to fail to comply with any such provisions, including any order lawfully given in terms of any of the provisions of these regulations, or to contravene any restriction, prohibition or requirement imposed by or under the said regulations. Offences under these regulations. 4 [ S.L.549.23 Penalties. Amended by: L.N. 426 of 2007. QUALITY REQUIRED OF SHELLFISH WATERS 14. Any person who commits an offence against these regulations shall, on conviction, be liable: (
5. a)on a first conviction to a fine (multa) of not less than twenty-three thousand and two hundred and ninetythree euro and seventy-three cents (€23,293.73) but not exceeding two hundred and thirty-two thousand and nine hundred and thirty-seven euro and thirty-four cents (€232,937.34); (
6. b)on a second or subsequent convictions, to a fine (multa) of not less than one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (€116,468.67), but not exceeding four hundred and sixty-five thousand and eight hundred and seventy-four euro and sixty-eight cents (€465,874.68) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment: Provided that whenever any person is found guilty of committing an offence under these regulations by means of a vehicle or ship, the owner of the said vehicle or ship, where applicable, is held liable in the same manner and degree: Provided further that the court shall order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by the competent authority or any public entity or any other persons acting on their behalf involved in the implementation of these regulations, and restitution of the environment as a result of the said offence, and the confiscation of the corpus delicti. Applicability of the Criminal Code. Cap. 9. Cap. 9. 15.

(1)The provisions of articles 23 and 30

(1)of the Criminal Code shall, mutatis mutandis, apply to proceedings, in respect of 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. Cap. 9.

(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. Language of Annexes.

1. The Annexes to these regulations are being published in the English language with the English text of these regulations. [ S.L.549.23 QUALITY REQUIRED OF SHELLFISH WATERS 5 ANNEX 1 QUALITY OF SHELLFISH WATERS Parameter
6. pH pH unit G I 7-9 Reference methods of analysis - Electrometry Minimum sampling and measuring frequency Quarterly Measured in situ at the time of sampling Quarterly - Thermometry Temperature ºC A discharge affecting Measured in shellfish waters situ at the time must not cause of sampling t he t em pe ra tu r e of the waters to ex cee d by m or e than 2ºC the temperature of waters not so affected Coloration A d i s c h a r g e - Filter through a Quarterly (after filtration) affecting shellfish 0 · 4 5 µm mg Pt/l wa te rs must not membrane cause the colour of the waters after Photometric filtration t o m e t h o d , us i n g deviate by more t h e p l a t i n u m / t h a n 1 0 m g P t / l cobalt scale from the colour of waters not so affected Suspended A d i s c h a r g e - Filtration Quarterly solids mg/l affecting shellfish through a 0·45 wa te rs must not µm membrane, cause t h e drying at 105ºC suspended solid and weighing c o n t e n t o f t h e - Centrifuging waters to exceed (for at least five by more than 30% m i n u t e s , w i t h the content of mean w a t e r s n o t s o a cc el e ra t io n 2 affected 800 to 3 200g). drying at 105ºC and weighing Conductimetry Monthly Salinity ‰ 12 to 38‰ - < 40 ‰ - Discharge affecting shellfish waters must not cause their salinity to exceed by more than 10% the salinity of waters not so affected 6 [ S.L.549.23 Parameter
9. QUALITY REQUIRED OF SHELLFISH WATERS G I Reference methods of analysis Minimum sampling and measuring frequency M o n t h l y, with a minimum of one sample representative of low oxygen conditions on the day of sampling. H o w e v e r, where major daily variations are suspected, a minimum of two samples in one day shall be taken - > 70% (average - Winkler’s method value) - Should an - Electrochemical individual m e a s u r e m e n t method indicate a value lower than 70%, measurements shall be repeated - An individual measurement may not indicate a value of less than 60% unless there are no harmful consequences for the development of shellfish colonies Quarterly Petroleum H y d r o c a r b o n s Vi s u a l hydrocarbons m u s t n o t b e examination present in the shellfish water in such quantities as to: - produce a visible film on the surface of the water and/or a deposit on the shellfish, - have harmful e ff e c t s o n t h e shellfish Organohalo- The The concentration G a s Half-yearly genated concentration of of each substance chromatography substances each substance in i n t h e s h e l l f i s h a f t e r e x t r a c t i o n shellfish flesh water or in with suitable must be so shellfish flesh solvents and l i m i t e d t h a t i t must not reach or purification contributes, in exceed a level accordance with w h i c h has Article 1, to the harmful effects on h i g h q u a l i t y o f the shellfish and shellfish products larvae Dissolved oxygen Saturation % > 80% QUALITY REQUIRED OF SHELLFISH WATERS [ S.L.549.23 7 Minimum sampling and Parameter G I measuring frequency
10. Metals The The concentration Spectrometry of Half-yearly Silver Ag concentration of of each substance atomic absorption Arsenic As each substance in i n t h e s h e l l f i s h p r e c e d e d w h e r e Cadmium Cd s h e l l f i s h f l e s h w a t e r o r i n t h e a p p r o p r i a t e , b y be so shellfish flesh concentration Chromium Cr m u s t l i m i t e d t h a t i t must not exceed a and/or extraction Copper Cu Mercury Hg c o n t r i b u t e s i n level which gives Nickel Ni accordance with r i s e t o h a r m f u l Lead Pb Article 1, to the e f f e c t s o n t h e Zinc Zn h i g h q u a l i t y o f shellfish and their shellfish products larvae mg/l The synergic e ff e c t s o f t h e s e metals must be taken into consideration
11. F a e c a l < 300 in the Method o f Quarterly coliforms/ shellfish flesh dilution with 100 ml and intervalvular fermentation in liquid

(1)liquid substrates i n a t l e ast t hr e e tubes in three dilutions. Subculturing of the positive tubes on a confirmation medium. Count according to MPN (most probable number). Incubation temperature 44ºC ± 0·5ºC

1. S u b s t a n c e s C o n c e n t r a t i o n Examination of affecting the lower than that the shellfish by taste of the l i a b l e t o i m p a i r tasting where the shellfish t h e t a s t e o f t h e p r e se n c e o f o n e shellfish of these substances is presumed
2. S a x i t o x i n (produced by dinoflagellates) Reference methods of analysis Abbreviations: G = guide I = mandatory

(1)However, pending the adoption of a Dirrctire on the protection of consumers of shelllish products, it is essential that this value be observed in waters in which live shelllish directly edible by man.