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EU Marine Strategy Framework Directive

The European Union (EU) is the world’s largest maritime territory and marine resources make a significant contribution to each Member State’s economic prosperity and social well-being. The European marine environment must therefore be protected to ensure that it is healthy, productive and safeguarded for the use of future generations.
 
Many of the threats to Europe’s marine resources require cooperation and collective action to be tackled effectively. It is within this context that the Integrated European Maritime Policy, which aims to provide a coherent framework for joined up governance of the marine environment, is being developed.
 
The environmental pillar for this integrated policy is Directive 2008/56/EC on establishing a framework for community action in the field of marine environmental policy - known as the Marine Strategy Framework Directive (MSFD); it was formally adopted by the European Union in July 2008.
 
The MSFD outlines a transparent, legislative framework for an ecosystem-based approach to the management of human activities which supports the sustainable use of marine goods and services. The overarching goal of the Directive is to achieve ‘Good Environmental Status’ (GES) by 2020 across Europe’s marine environment.  
 
In order to achieve GES in a coherent and strategic manner, the MSFD establishes four European Marine Regions, based on geographical and environmental criteria. The North East Atlantic Marine Region is divided into four subregions, with UK waters lying in two of these (the Greater North Sea and the Celtic Seas). Each Member State is required to develop a marine strategy for their waters, in coordination with other countries within the same marine region or subregion. This coordination is to be achieved through the Regional Seas Conventions, which for the UK is the OSPAR Convention.
 
Marine strategies will be implemented to protect and conserve the marine environment, prevent its deterioration, and, where practicable, restore marine ecosystems in areas where they have been adversely affected.
 
The marine strategies to be developed by each Member State must contain:
 
  • An initial assessment of the current environmental status of that Member State’s marine waters;
  • A determination of what Good Environmental Status means for those waters;
  • Targets and indicators designed to show whether a Member State is achieving GES;
  • A monitoring programme to measure progress towards GES;
  • A programme of measures designed to achieve or maintain GES.
 
The MSFD does not state a specific programme of measures that Member States should adopt to achieve GES, except for the establishment of Marine Protected Areas (MPAs). The MSFD does however outline 11 high level descriptors of GES in Annex I of the Directive. These are as follows:
 
  1. Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of species are in line with prevailing physiographic, geographic and climatic conditions.
  2. Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems.
  3. Populations of commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock.  
  4. All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity.  
  5. Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity, ecosystem degradation, harmful algal blooms and oxygen deficiency in bottom waters.
  6. Sea-floor integrity is at a level that ensures that the structure and functions of the ecosystems are safeguarded and benthic ecosystems, in particular, are not adversely affected.
  7. Permanent alteration of hydrographical conditions does not adversely affect marine ecosystems.
  8. Concentrations of contaminants are at levels not giving rise to pollution effects.  
  9. Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards.
  10. Properties and quantities of marine litter do not cause harm to the coastal and marine environment.
  11. Introduction of energy, including underwater noise, is at levels that do not adversely affect the marine environment.
 
With respect to the UK, key requirements of the Directive and associated timeframes are provided in the table below:
 
Date
  Activity
Expected UK response 
July 2010
The Directive must be transposed into Member State regulations to provide a legal framework for national implementation
In the UK, the MSFD will be transposed through the Marine Strategy Regulations 2010 under Section 2(2) of the European Communities Act (1972)
 
July 2012
An Initial Assessment of the current environmental status of each Member State’s marine waters and the environmental impact of human activities, based on the environmental characteristics and pressures from human activities given in Annex III of the Directive and an economic and social analysis of the use of the sea and of the cost of degradation of the marine environment

 

The Charting Progress 2: State of the UK Seas Report 2010 is expected to form the basis of the Initial Assessment. The OSPAR Quality Status Report 2010 will provide a basis for a regional level assessment.
July 2012
A determination of GES, based on the descriptors in Annex I and the characteristics and pressures in Annex III, and associated environmental targets and indicators
Establish what GES means for UK waters, within the Greater North Sea and Celtic Seas subregions, including setting targets and identifying an appropriate set of indicators
 
July 2014
Establishment and implementation of a coordinated monitoring programme for ongoing assessment and regular updating of targets, to measure progress towards achieving GES
The UK Marine Monitoring and Assessment Strategy coordinates marine monitoring across the UK and will provide information required to measure progress towards GES
 
July 2015
Development of a programme of measures designed to achieve or maintain GES, taking into account relevant existing measures under other Directives and international agreements
The UK Marine and Coastal Access Act 2009 is an example of an existing measure that will contribute to GES through the establishment of MPAs and a coherent marine planning system
 
July 2016
Entry into operation of the programme of measures to achieve or maintain GES
Implementation of the programme of measures is expected to be coordinated, for waters in England, by the Marine Management Organisation, and through equivalent bodies in Scotland, Wales and Northern Ireland
 
July 2018
 Review and updating of the marine strategies, including the initial assessment, the targets, the monitoring programmes and the programmes of measures
This is the first of the six-yearly reporting cycle on progress in delivery of the MSFD
 
2020
Achievement of GES
 
 
The MSFD will be complementary to, and provide the overarching framework for, a number of other key Directives and legislation at the European and UK level. Examples include the EC Habitats Directive, the EC Birds Directive, the EU Water Framework Directive, the Common Fisheries Policy and the UK Marine and Coastal Access Act. It will also help fulfil international commitments undertaken at the World Summit on Sustainable Development and under the Convention on Biological Diversity and the OSPAR Convention.
 

JNCC’s role in the MSFD

As statutory advisor to Government, JNCC has a role in advising on aspects of the MSFD which relate to biodiversity and ecosystem protection. This includes in relation to both monitoring and assessment of the state of the marine environment, and the programmes of measures needed to achieve or maintain GES. At present this advice is focused on how the Directive might be delivered at UK and Regional levels. At the UK level, JNCC contributes to the UK Marine Monitoring and Assessment Strategy, which is expected to play a key role in the monitoring and assessment aspects of the Directive. At the Regional level, JNCC works closely with Government to advise on the regional cooperation requirements of the Directive which will by delivered via the OSPAR Convention.
 
 
Additional information can be found at:
 
Europa
Defra
Scottish Government
Welsh Assembly Government
 
February 2010


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