Quality required of Shellfish Waters Regulations, 2001 (L.N. No. 341 of 2001)

L.N. 341 of 2001 ENVIRONMENT PROTECTION ACT, 2001 (ACT NO. XX OF 2001) Quality required of Shellfish Waters Regulations, 2001 BY virtue of the powers conferred by articles 9 and 28 of the Environment Protection Act, 2001, the Minister for the Environment has made the following regulations: 1. (1) The title of these regulations is the Quality required of Shellfish Waters Regulations, 2001. (2) These regulations shall come into force on such date as the Minister responsible for the environment may by notice in the Gazette appoint and different dates may be so appointed for the different provisions and different purposes of these regulations. (3) A notice under sub-regulation (2) of this regulation may make such transitional provisions as appear to the Minister to be necessary or expedient in connection with the provisions thereby brought into force. B 3863 Citation and entry into force. 2. (1) These regulations concern the quality of shellfish scope. 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. (2) The parameters applicable to the waters designated by the competent authority are listed in Annex I to these regulations. 3. (1) The competent authority shall for the designated Competentauthority 1 ~ h 1. d. A I . f l to set values. waters, set va ues 1 or t e parameters 1ste m nnex , m so ar as va ues are given in column G or column I. The competent authority shall comply with the comments contained in both columns. (2) The competent authority shall not set values less stringent than those given in column I of the Annex and shall endeavour to observe the values in column G, while taking into account the principle set out in regulation 8. B 3864 (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 Ln 213 or 2001. Environment Regulations, 2001 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. Designation of shellfish waters. Pollution reducing programmes. Parametric values. 4. waters. (1) 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 designation, taking into account the principle set out in regulation 8. 5. 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 Article 4, to both the values set by the competent authority in accordance with regulation 3 and the comments contained jn columns G and I the Annex. 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 12 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 the Annex as regards: 100 % of the samples for the parameters "organohalogenated substances" and "metals" 95 % of the samples for the parameters "salinity" and "dissolved oxygen" 7 5 % 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 the Annex except "organohalogenated substances" and "metals" is lower than that indicated in the Annex, 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 states in accordance with regulation 3 or the comments containecl in columns G and I of the Annex I are not respected shall not be taken into consideration in the calculation of the percentages provided for in paragraph 1 when it is the result of a disaster or an emergency. B 3865 7. (1) The competent authority shall carry out sampling Sampling operations, the minimum frequency of which is laid down in Annex I. operations. (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 the Annex, 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 I. 8. 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. 9. The competent authority may at any time set more stringent More stringent h · d h h 1 . d d . h values. values for t e designate waters t an t ose at own m t ese regulations. The competent authority may also lay down provisions relating to other parameters than those provided for in these regulations. 10. The competent authority may derogate from these Derogation. Regulations in the event of exceptional weather or geographical condition B 3866 Amendments to be adopted by the competent authority. Periodic information. Offoncca undor these regulations. Penalties. 11. 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. 12. The competent authority shall publish by notice in the Gazette on a periodic basis information concerning: the waters designated in accordance with subregulations 4(1) and (2) uf tht:::st:: rt::gulation:s in :summary form, the revision of the designation of certain waters in accordance with subregulation 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: (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 (b) he contravenes any restriction, prohibition or requirement imposed by or under these regulations; or ( c) he acts in contravention of any of the provisions of these regulations; or (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 provision of these regulations, or to contravene any restriction, prohibition or requirement imposed by or under the said regulations. 14. Any person who commits an offence against these regulations shall, on conviction, be liable: ( a) on a first conviction to a fine (multa) of not le:ss than tc::n thousand liri but not exceeding one hundred thousand liri; (b) on a second or subsequent convictions, to a fine (multa) of not less than fifty thousand liri, but not exceeding two hundred thousand liri 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 liahle 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. 15. (1) The provisions of article 23 and sub-article (1) of article 30 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. (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. B 3867 Applicability of the Criminal Code. Cap.9. 16. The Annexes to these regulations are being published in the Language of Annexes. English language with the English text of these regulations. ANNEXJ QUALITY Of SHELLFISH WATERS Paramner G I I. pH 7-9 pH unit 2. Temperature °C A discharge affecting shellfish waters must not cause the tempera ture of the waters to exceed by more than 2 ° C the temperature of waters not so affected 3. Coloration (after A discharge affecting shellfish waters must filtration) mg Pt/I not caJse the colour of the waters aher filtration to deviate by more than IO mg Pt/I frJm the colour of waters not so affectPd 4. ~uspended solids A discharge affecting shellfish waters must mg/I not cause the suspended solid content of the warers to exceed by more than 30 % the content of waters not so affected 5. Salinity %. 12 to 38 %0 - < 40%0 Discharge affecting shellfish waters mu;t not cause their salinity to exceed by more than 10% the salinity of waters not so affected Reference me1hods of analysis Electrometry Measured ,n situ at the time of sampling Thermometry Measured in silu at the time of sampling Filter through a IJ·45 µm membrane Photometric method, using the plati num/cobalt scale Filtration thro1Jgh a 0·45 µm membrane, drying at 105 •c and weighing Centrifuging (for at least five minutes, with mean acceleration 2 800 to 3 200 g), drying at I 05 ° C and wei~hing Con due time try Minimunt sampling and measuring frequency Quarterly Quarterly Quarterly QJarterly Monthly tel v,) 00 0\ 00 Panmtter 6. 1 Dissolved oxygen Saturation % 7. 8. 9. Petroleum hydro carbons Organohalogenated substances j Metal.r Silver Ag Arsenic As Cadmium Cd Chromium Cr Copper Cu Mercury Hg Nickel Ni Lead Pb Zinc Zn mg/I G ""89% The concentration of each substmce in shellfish flesh must be so limited that it contributes, in accordance with Article I, to the high quality of shellfish products The concentration of eacll substance in shellfish fleih must be so limited that it coniributes in accordance with Article 1, to the high quality of shellfish products ;;ii, 70 % (av~rage value) Should an individual measurement indi cate a value lower than 70 %, measure ments 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 Hydrocarbons must not be present in the shellfish water in such quantities as to : produce a vitible film on the surface of the water and/or a deposit on the shell fish, have harmful effects on the shellfish The concentration of each substance in the shellfish water r>r in shellfish flesh must not reach or exceed a level which has harmful effects on the shellfish and larvae The c,Jncentration o( each substance in the shellfish water or in the shellfish · flesh must riot exceed a level which gives rise·to harmfol effects on the shellfish and their larvae The synergic effects of these metal! must be taken into consideration Reference methods of analysis Winkler's method Electrochemical method Visual examination Gas chromatograpny after extraction with suitable solvents and purification Spectrometry of atomic absorption preceded, where appropriate,. by concentra tion and/or extr,.ction Minimum sampling and measuring fu~uency Monthly, with a minimum ol one sample representa tive of low oxygen conditions on the day of sampling. However, where major daily varia tions are suspected, a minimum ol two samples in one day shall be taken Quarterly Half-yearly Half-yearly tD w 00 O'I \0 Panmctcr G I Relercna, methods of analysil 10. Faecal < 300 in the shellfish flesh and Method of dilution with fermentation in coli forms/I 00 ml intervalvular liquid (1) liquid substrates in at least three tubes in three dilutions. Subculturing ol the posi ti•e tubes on a confirmation medium. CJunt according to MPN (most probable number). Incubation ttmperaturt 44 ° C ± o-s ·c 11. Substances Concentration lower than that liable to Examination cif the shellfish i>y tasting affecting the taste impair the taste of the shellfish where the presence of one of thes.e of the shellfish substances is presumed 12. Saxitoxin (produced by dinoflagellates) Abbru1ation1: C - g,ide I - mmdatory (') Ho-..cvcr. ~nding the adoption of a Directive on the protection of consumers of 3hcltfish products, it is css,cntial that rhi~ value be observed in wattrs in which live shellfish dirt:ctly cdiblf by man. Minimum sampling and measuring frequency Quarterly 0:1 uJ 00 ..J 0