EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 24.10.2005 
COM(2005) 505 final 
2005/0211 (COD)   
Proposal for a 
DIRECTIVE OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL  
establishing a Framework for Community Acti on in the field of Marine Environmental 
Policy 
(Marine Strategy Directive) 
  
[SEC(2005) 1290] 
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
 
1) CONTEXT OF THE PROPOSAL  
 • Grounds for and objectives of the proposal  
The marine environment is faced with a number of threats including loss or 
degradation of biodiversity and changes in its structure, lo ss of habitats, contamination 
by dangerous substances and nutrients and impacts of climate change. 
The EU's 6th Environment Action Programme (6th EAP) requests the development of 
a Thematic Strategy for the protection a nd conservation of the European marine 
environment (hereinafter the Strategy) with the overall aim to "promote sustainable use 
of the seas and conserve marine ecosystems". 
As a first step in the development of th e Strategy, the Commission in 2002 produced 
the Communication entitled "Towards a strate gy to protect and conserve the marine 
environment". The Environment Council Conclusions of 4 March 2003 welcomed the Commission Communication, endorsed the appr oach and the outline of its objectives 
and requested an ambitious Strategy by 2005. The Commission Legislative Work 
Programme 2005 commits to the adoption of the Strategy by 2005. 
 • General context  
While measures to control and reduce pressures and impacts on the marine 
environment do exist, they have been developed in a sector by sector approach resulting in a patchwork of policies, le gislation, programmes and actions plans at 
national, regional, EU and international level,  which contribute to the protection of the 
marine environment. At the EU level, while  there are a number of policies affecting the 
marine environment, and while a reflecti on has begun on a future all-encompassing 
Maritime Policy for the Union, there is no ove rall, integrated policy for the protection 
of the marine environment.  
The general picture that emerges from this  policy framework is a mixed one. On the 
positive side, some progress has been made in  certain areas, e.g. in reducing nutrient 
inputs or pollution from hazardous substances  in particular heavy metals. However, 
overall, the state of the mari ne environment has been dete riorating significantly over 
recent decades. As a result, Europe's oceans a nd seas are under threat, in some cases to 
the extent that their structure a nd function is being jeopardised.  
The current policy framework is not deliveri ng a high level of prot ection of the marine 
environment. A strong, integrated, EU po licy on marine protection is therefore 
required. 
 • Existing provisions in the area of the proposal  
A wide variety of EU measures  contribute to the protection of the marine environment. 
However, as the policy framework in place is sectoral and as its geographic scope varies, there is no integrated policy fo cused on the protection of the marine 
 
EN 3   EN environment. 
 • Consistency with other policies and objectives of the Union  
The high level of protection of the marine environment which the proposed Directive 
will provide is essential to realise the full economic and social potential of oceans and 
seas, thus making a strong contribution to th e Lisbon agenda and to the EU Sustainable 
Development Strategy.  
The proposal will also make an important contribution to the wo rk on a future EU 
Maritime Policy, announced in the Strategi c Objectives of the Commission for 2005-
2009, aimed at developing a thriving maritime economy and the full potential of sea-
based activity in an environmentally sustainable manner. 
One of the central issues to be tackled w ithin this policy will be the question of the 
overall governance framework through which th e users and uses of oceans and seas can 
be regulated. This will be addressed in the Green Paper on Maritime Policy foreseen for 2006. The governance arrangements foreseen in the Marine Strategy constitute a 
first step. Options for further development of a broader governance framework to be 
elaborated under the Maritime Policy should also take account of the highly diverse legal and political specificities in each of the European regional seas, ranging from the Baltic Sea with seven EU Member States and the Russian Federation to the Mediterranean where Exclusive Economic Z ones (EEZs) have not been declared and 
the EU has to work jointly with a number of third countries. 
2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
 • Consultation of interested parties  
 Consultation methods, main sectors targ eted and general pr ofile of respondents  
The Strategy has been prepared with the help  of an extensive consultation process from 
2002 to 2004 including all EU Member States  and candidate count ries, key European 
third countries sharing ocean  and seas with the Union, 16 international commissions 
and conventions, 21 key industry and civil soci ety organisations as well as scientists 
and academics. 
The process was kicked off at a stakeholde r conference held in  Koge, Denmark, on 4-6 
December 2002. Further to the Koge conference  four ad hoc worki ng groups involving 
all key stakeholder constituencies were set up to deal with key aspects of the development of the Strategy.  
 Summary of responses and how th ey have been taken into account  
All working groups delivered contributions to  a closing stakeholder conference held in 
Rotterdam, Netherlands, on 11-12 November 2004, from which a wide consensus emerged on the approach proposed in the St rategy. The need for strong EU action was 
underscored by a large majority of stakeholders.  
The proposed Directive fully integrates the results of consultations held since 2002. In 
particular, the need for a dual EU/regional approach, the setting- up of Marine Regions 
 
EN 4   EN as management units for the implementatio n of the Strategy and the need for co-
operation between Member States in devisi ng Marine Strategies notably through the 
use of existing instruments deriving from inte rnational agreements, are at the centre of 
the proposed Directive.  
 
 An open consultation was c onducted over the internet fr om 14/03/2005 to 09/05/2005. 
The Commission received 133 response( s). The results are available on 
http://europa.eu.int/comm/environmen t/water/pdf/consultation_marine.pdf. 
 • Collection and use of expertise  
 Scientific/expertise domains concerned  
The preparatory work focused notably on (a) the application of the ecosystem-based 
approach to management of human activit ies impacting the marine environment; (b) 
monitoring and assessment issues; and (c) the particular challenge of hazardous 
substances.  
In addition, the Commission has also paid very  close attention over the past three years 
to reports, studies and policy statements from national and regional organisations, 
countries, research institutes and U.N. bodies in relation to the prot ection of the marine 
environment.  
 Methodology used  
Substantive work on all aspect s relevant to the developmen t of an EU Marine Strategy 
was produced as part of the consultation pro cess. Two important deliverables from this 
process include the production of (a) a gu idance document on the application of the 
ecosystem-based approach to the marine  environment; and of a (b) study on the 
identification of European Marine Regions on the basis of hydr ological, oceanographic 
and bio-geographic features to gu ide implementation of the Strategy. 
 Main organisations/experts consulted  
The International Council for the Explorati on of the Seas (ICES) was a privileged 
partner in the consultation process which carried out the work on the two above-
mentioned documents. A number of additiona l experts and scient ific organisations 
were also involved in th e preparatory process.  
 Summary of advice received and used  
The existence of potentially serious risks w ith irreversible consequences has been 
mentioned. There is a broad consensu s on the existence of such risks. 
 Broad consensus was reached on the magnitude of threats facing the marine 
environment, generating poten tially irreversible or nonlinear changes to marine 
ecosystems, with wide ranging economic and social consequences. The principal 
threats to the marine environment that we re identified include effects of climate 
change; impacts of commercial fishing; o il spills and discharges; introduction of non-
 
EN 5   EN native species; eutrophication and the relate d growth of harmful algal blooms; litter 
pollution; contamination by dangerous s ubstances and microbiological pollution; 
radionuclide discharges; and noise pollution. 
Climate Change and fisheries were highlighted  as two of the most important pressures 
on the marine environment.  
In short, what emerges from this process is  an unambiguous message that Europe's seas 
and oceans are at high risk and efforts to pr otect them need to be urgently set up to 
safeguard their long term productivity and t hus marine-related economic and social 
activities.  
 Means used to make the exper t advice publicly available  
All relevant analysis carried out during the preparatory phase of the proposed Directive 
will be made available. The ICES guidance document on the application and implementation of the ecosystem-based appr oach has already been published by ICES 
and will be made available from the Co mmission's website. The ICES study on EU 
Marine Regions has been made available to all stakeholders through the CIRCA 
system.  
 • Impact assessment  
Two main options were considered. The firs t option consisted of a strictly voluntary 
approach based on a Commission Co mmunication setting out non-binding 
recommendations as to how to effectivel y protect Europe's marine environment 
through developing Regional Mari ne Strategies at the level of Marine Regions to be 
defined at EU level.  
The second option examined was the combinati on of a flexible legal instrument and of 
a Communication. The legal instrument would take the form of a Marine Strategy 
Directive, ambitious in its scope but not overly prescriptive in its tools. No specific management measures would be set down at EU level as the Dire ctive would have to 
be made operational and implemented at the regional level.  
In addition to these two options, a no-action scenario was considered as a reference 
scenario against which to appraise the co sts anticipated from the measures proposed 
under the two options.  
 The Commission carried out an impact a ssessment, which is accessible on the website 
of the Commission. 
3) LEGAL ELEMENTS OF THE PROPOSAL  
 • Summary of the proposed action  
The end objective of the proposed  Directive is to achieve goo d environmental status of 
the marine environment by 2021. The propos ed Directive will only define common 
objectives and principles at EU level. The proposed Directive will  establish European 
Marine Regions as management units for implementation. For their marine waters 
within each Marine Region, Member States  will be required to develop Marine 
 
EN 6   EN Strategies on the basis of the completion of  a number of steps. In developing Marine 
Strategies, Member States wi ll be invited to co-operate actively among themselves and 
also with relevant third count ries. Finally, in order to take  into account the particular 
contexts of certain Marine Regions, the Dir ective foresees special situations and areas 
where it would be impossible for a Member State to achieve the level of ambition of 
the environmental targets set in th e framework of the Directive. .  
 • Legal basis  
Article 175(1) of the EC Treaty is  the appropriate legal basis.  
 • Subsidiarity principle  
The subsidiarity principle applies inso far as the proposal does not fall under the 
exclusive competence of the Community. 
 The objectives of the proposal cannot be sufficiently achieved by the Member States 
for the following reason(s). 
 The marine environment does not accord with  existing geo-political boundaries. It is by 
essence transboundary and ther efore requires co-operation and common principles. In 
these conditions, applying a purely national approach to the marine environment is 
doomed to fail.  
 Member States bordering marine regions  may well come to different conclusions 
concerning the approaches, diagnoses and progr ammes of measures to  be set in place, 
irrespective of the unity of marine ecosystems. Member States may well take different 
and even contradictory routes and different lengths of time to take appropriate action, 
resulting in ineffective protecti on of the marine environment. 
The result would be that the marine environment would not improve. The ocean's 
capacity to absorb new pressures on the ma rine environment such as climate change 
and increased maritime transport would thus be significantly reduced. 
 Community action will better achieve the obj ectives of the proposal for the following 
reason(s). 
 The proposal will establish a common EU fr amework to address shared challenges and 
will establish common principles and approaches to the protection of the marine environment across Europe.  
 While several EU Member States have de veloped national measures to protect the 
marine environment and have been activel y co-operating in relevant international 
agreements, progress has been hampered by the fact that nati onal measures do not 
influence the activities of other countri es bordering a given marine area; and 
international co-operation notably in the fr amework of regional ma rine conventions has 
produced mixed results due to the lack of enforcement and control of these 
organisations.  
 The proposed legislative instrument is limited to what Member States cannot 
satisfactorily achieve - i.e. setting up an  EU-wide framework through which Europe's 
 
EN 7   EN marine environment can be more effec tively protected. Detailed objectives and 
management measures required to achieve good environmental status in each EU 
Marine Region will not be defined at EU level.  
 The proposal therefore complies wi th the subsidiarity principle. 
 • Proportionality principle  
The proposal complies with the proportionali ty principle for the following reason(s). 
 The proposed legislative inst rument takes the form of a Marine Strategy Directive. 
Ample scope will be left for national decision and regional concertation. The establishment of environmental targets at re gional level and the planning and execution 
of measures required to deliver these target s and thus good environmental status of the 
marine environment in the European waters under the sovereignty or jurisdiction of EU 
Member States within each Marine Region will lie with Member States.  
 The administrative burden of the propos ed Directive has been estimated at 
approximately €90 million per annum for the EU as a whole in the first two years, €70 
million after that. On the other hand, there w ill be significant efficiency gains in terms 
of avoiding duplication in m onitoring and assessment.  
There will be implementation costs resulting from programmes of measures agreed at 
regional level. It is foreseen that detail ed impact assessments of the programmes of 
measures to be developed by Member States will be carried out to ensure that environmental targets are ach ieved at a minimum cost.  
It appears from the Impact Assessment that while there may be important social and 
economic costs in the short-term, medium and long-term environment, social and 
economic benefits will outweigh th ese costs by a considerable amount. 
 • Choice of instruments  
 Proposed instruments: Ma rine Strategy Directive. 
 Other means would not be adequate for the following reason(s). 
Developing a prescriptive legislative instrume nt (in the form of a Regulation or a more 
stringent Directive) would have been an  option. However, a Regulation or a more 
stringent Directive would have resulted in  neglecting the diversity of conditions and 
needs in the EU's marine environment by not allowing Member States to make a number of policy choices for implementation at regional level. Therefore, such an 
approach was not retained. 
Another option would have been to adopt a Recommendation outlining the steps to be 
taken to implement the Marine Strategy at regional level. However, as Recommendations have no binding force, th ere would have been no guarantee that 
Member States would have committed themselves to rigorous implementation. This option was therefore rejected. 
A third option would have been to adopt a Decision, binding in its entirety upon the 
 
EN 8   EN limited number of Member States to whom it is addressed. However, as 20 out of 25 
Member States are maritime countries and planned enlargements will increase this 
trend; and as effective protection of th e marine environment also requires the 
involvement of land-locked countries in a regional sea's catchment area, targeting a 
limited number of specific addressees woul d not be appropriate. Finally, a Decision 
would not have provided any flexibility in te rms of implementation as it is binding in 
its entirety. 
 
4) BUDGETARY IMPLICATION  
 The proposal has no implication for the Community budget. 
5) ADDITIONAL INFORMATION  
 • Review/revision/sunset clause  
 The proposal includes a review clause. 
 • European Economic Area  
The proposed act concerns an EEA matter a nd should therefore exte nd to the European 
Economic Area. 
 
 
EN 9   EN 2005/0211 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL  
establishing a Framework for Community Acti on in the field of Marine Environmental 
Policy 
(Marine Strategy Directive) 
  
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
175(1) thereof, 
Having regard to the proposal from the Commission
1, 
Having regard to the opinion of the Eu ropean Economic and Social Committee2, 
Having regard to the opinion of  the Committee of the Regions3, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 
Whereas: (1) The marine environment is a precious her itage that must be pr otected, restored and 
treated as such with the ultimate aim of  providing biologically diverse and dynamic 
oceans and seas that are safe , clean, healthy and productive. 
(2) In line with Decision No 1600/2002/EC of  the European Parliament and of the 
Council of 22 July 2002 laying down the Sixth Community Environment Action Programme, a thematic strategy for the pr otection and conservation of the marine 
environment should be developed, within  three years of the adoption of that 
Programme, with the overall aims of prom oting sustainable us e of the seas and 
conserving marine ecosystems.  
(3) In order to promote sustainable use of th e seas and to conserve marine ecosystems, 
priority should be given to achieving good environmental status in the Community’s 
marine environment, to continuing th e protection and pres ervation of that 
environment, and to ensuring that subs equent deterioration is prevented.  
                                                
 
1 OJ C , , p. . 
2 OJ C , , p. . 
3 OJ C , , p. . 
4 OJ C , , p. . 
 
EN 10   EN (4) In order to achieve those objectives, a tr ansparent and coherent legislative framework 
is required, to provide an overall framework for action and to enable the action taken 
to be coordinated, and consistent, and pr operly integrated with action under other 
Community legislation as well as  international agreements.  
(5) The diverse conditions, problems and need s of the various Marine Regions making up 
the marine environment in the Community require different and specific solutions. That diversity should be taken into account  in the preparation, planning and execution 
of measures to achieve good environmenta l status in the Community’s marine 
environment in the framework of Marine Regions and Sub-Regions.  
(6) It is therefore appropriat e that each Member State shoul d develop a Marine Strategy 
for its European waters which, while being specific to its own waters, reflects the overall perspective of the Marine Region concerned. Ma rine Strategies should 
culminate in the execution of programmes of measures designed to achieve good 
environmental status. 
(7) By reason of the transboundary nature of the marine environment, the development of 
Marine Strategies should be coordinate d for each Marine Region. Since Marine 
Regions are shared both with other Member States and with third countries, Member 
States should endeavour to ensure the cl osest possible coordination with all the 
Member States and other countries con cerned. Where practical and appropriate, 
existing institutional structures established in  Marine Regions should be used to ensure 
such coordination. 
(8) Since action at international level is indispensable for the attainment of those 
objectives, this Directive should enhance the effectiveness of the Community’s 
contribution under international agreements. 
(9) The Community and Member States are a party to the United Nations Convention on 
the Law of the Seas (UNCLOS) approve d by Council Decision 98/392/EC of 23 
March 1998  concerning the conclusion by the European Community of the UNCLOS 
and the Agreement of 28 July 1994 relatin g to the implementation of Part XI 
thereof(
5). The obligations of the Commun ity and Member States under those 
agreements should therefore be fully ta ken into account in this Directive. 
(10) This Directive should also support the strong position taken by the Community, in the 
context of the Conventi on on Biological Diversity6, on halting biodiversity loss, 
ensuring the conservational and sustainabl e use of marine biodiversity and on the 
creation of a global network of marine protected areas by 2012. Additionally, it should 
contribute to the achievement of the objec tives of the Seventh Conference of the 
Parties to the Convention on Biological Diversity (CBD/COP7), which adopted an 
elaborate programme of work on marine a nd coastal biodiversit y with a number of 
goals, targets and activities aimed at halting the loss of biological diversity nationally, 
regionally and globally and at securing the capacity of the marine ecosystem to 
support the provision of goods and services, and a progra mme of work on protected 
areas with the objective of establishing and maintaining ecologically representative 
                                                 
5 OJ L 179, 23.6.1998, p.1. 
6 Council Decision 93/626/EC, JO L 309, 13.12.1993, p. 1-20 
 
EN 11   EN national and regional systems of marine protected areas by 2012. The obligation for 
Member States to designate Natura 2000 sites under the Habitats Directive will make an important contribution to this process. 
(11) This Directive should contribute to the fulfilment of the obligations of the Community 
and the Member States under several other relevant internati onal agreements under 
which they have entered into important commitments relating to the protection of the marine environment from pollution: the C onvention on the Protection of the Marine 
Environment of the Baltic Sea Area, approved by Council Decision 94/157/EC (
7),the 
Convention for the Protection of the Marine Environment of the North-East Atlantic, 
approved by Council Decision 98/249/EC (8), and its new Annex V on the Protection 
and Conservation of the Ecosystems and Bi ological Diversity of the Maritime Area 
and the related Appendix III, appr oved by Council Decision 2000/340/EC(9), and the 
Convention for the Protection of the Marine  Environment and the Coastal Region of 
the Mediterranean, as amended in 1995 and appr oved by Council Decision 
77/585/EEC(10), and its Protocol for the Protection of the Mediterranean Sea Against 
Pollution from Land-Based Sources, appr oved by Council Decision 83/101/EEC (11).  
(12) Since the programmes of measures execute d under Marine Strategies will be effective 
only if they are devised on the basis of a sound knowledge of the state of the marine 
environment in a particular ar ea and tailored as closely as  possible to the needs of the 
waters concerned in the case of each Member  State and within the general perspective 
of the Marine Region concerned, it is nece ssary to provide for the preparation at 
national level of an appropriate fr amework for informed policy-making.  
(13) As a first step in that preparation, Member States across a Marine Region should 
undertake analyses of the ch aracteristics of their mari ne waters, identifying the 
predominant pressures and impacts on those waters, their economic and social use and 
the cost of degradation of the marine environment.  
(14) On the basis of such analyses, Member States should then determine for the European 
waters a set of characterist ics for good environmental stat us. For those purposes, it is 
appropriate to make provision for generic qua litative descriptors, detailed criteria and 
standards to be developed in the near fu ture by the Commission with the involvement 
of all interested parties.  
(15) The next step towards achieving good environmental status should be the 
establishment of environm ental targets and monitori ng programmes for ongoing 
assessment, enabling the state of the waters  concerned to be evaluated on a regular 
basis.  
(16) On the basis of those frameworks, Memb er States should establish and implement 
programmes of measures which are designed to achieve good environmental status in 
the waters concerned, while accommodating existing Community and international 
requirements and the needs of the Marine Region concerned.  
                                                 
7 OJ L 73, 16.3.1994, p.19. 
8 OJ L 104, 3.4.1998, p.1. 
9 OJ L 118, 8.5.2000, p.44. 
10 OJ L 240, 19.9.1977, p.1. Decision as amended by Decision 99/802/EC (OJ L 322, 14.12.1999). 
11 OJ L 67, 12.3.1983, p.1. 
 
EN 12   EN (17) Although it is appropriate, given the precision of focus needed, that those steps be 
undertaken by the Member States , it is essential, in orde r to ensure the cohesion of 
action across the Community as a whole a nd in relation to commitments at global 
level, to make both the preparatory fr amework and the programmes of measures 
subject to the approval of the Commission. 
(18) For reasons of fairness a nd feasibility, it is appropriate  to make provision for cases 
where it would be impossible for a Member State to achieve the level of ambition of 
the environmental targets set.  
(19) In that context, it is necessary to ma ke provision for two types of special case. The 
first concerns a situation where it is impo ssible for the Member State to meet its 
environmental targets because of action or inaction on the part of another country, natural causes or force majeure , or because of actions wh ich that Member State has 
itself taken for reasons of public interest which were held to outweigh the negative 
impact on the environment. It is appropriate to allow Member States to take ad hoc  
measures in such cases in lieu of measures  integrated in its pr ogramme of measures. 
Ad hoc  measures should be designed to prevent further deterioration in the status of 
the marine waters affected and to mitigat e the adverse impact within the Marine 
Region concerned.  
(20) The second type of special case is that where a Member State identifies an issue which 
has an impact on the environmental status of  its European marine waters, even perhaps 
of the entire Marine Region concerned, but  cannot be tackled by measures taken at 
national level. In such cases, provision s hould be made for the Commission to be 
informed in the framework of subm ission of programmes of measures. 
(21) However, it is necessary that the flexib ility introduced for special cases be subject to 
control at Community level. As regards the fi rst type of case, it is  therefore appropriate 
that, in the course of the assessment to be made by the Commission before approving 
the programme of measures, due consideration be given to the efficacy of any ad hoc  
measures taken. Moreover, in cases where th e Member State refers to action taken for 
overriding reasons of public interest, th e Commission should ensure that any 
modifications or alterations made to the ma rine environment as a consequence do not 
permanently exclude or compromise the achie vement of good envir onmental status in 
the Marine Region concerned.  
(22) As regards the second ty pe of special case, the Comm ission should, before approving 
the programme of measures, consider the validity of the view taken by the Member 
State concerned, that is to say, that measur es taken at national level would not suffice, 
hence that action at Community level is necessary. 
(23) In view of the dynamic nature of marine  ecosystems and of their natural variability, 
and of the fact that the pressures and impacts on them will vary with the evolvement of different patterns of human activity and the im pact of climate change, it is essential to 
recognise that the definition of good environmental status is dynamic and flexible and 
must be adapted over time. A ccordingly, it is appropriate that protection of marine 
environment be flexible and adaptive. It is  necessary, therefore, to provide for the 
updating of Marine Strategi es on a regular basis.  
 
EN 13   EN (24) It is also necessary to provide for the publication of programmes of measures and 
updates thereof, and for interim reports to be presented to the Commission, describing 
progress in the implementation of the programme.  
(25) To ensure the active involvement of the general public in the establishment, 
implementation and updating of Marine Strate gies, it is necessary to provide proper 
information on the different elements of Mari ne Strategies, or thei r related updates, as 
well as, upon request, relevant background documents and information used for the development of the Marine Strategies. 
(26) It is appropriate that  the Commission should present a first evaluation report on the 
implementation of this Directive within two years of receivi ng all programmes of 
measures and, in any case, by 2021 at the latest. Subs equent Commission reports 
should be published ever y six years thereafter. 
(27) Provision should be made for the adop tion of adaptations of standards for the 
assessment of the status of the marine e nvironment, monitoring, environmental targets 
and of technical formats for the purposes of transmission and processing of data in order to be compatible with Directive 
12. 
(28) Measures regulating fish eries management can only be taken in the context of the 
Common Fisheries Policy, as set out in Council Regulation (EC) No 2371/2002 of 20 
December 2002 on the conservation and sustaina ble exploitation of fisheries resources 
under the Common Fisheries Policy,13 based on scientific advice, and are therefore not 
addressed by this Directive. The control of discharges and emissions resulting from 
the use of radioactive material is regul ated by Articles 30 a nd 31 of the EURATOM 
Treaty and is therefore not addressed by this Directive. 
(29) Since the objectives of the action to be taken cannot be  sufficiently achieved by the 
Member States and can therefore, by reason of the scale and effect s of the action, be 
better achieved at Community level, the Community may adopt measures, in 
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In 
accordance with the principle of proportional ity, as set out in that Article, this 
Directive does not go beyond what is necessary  in order to achieve those objectives. 
(30) This Directive respects the fundamental rights and observes the principles recognised 
in particular by the Charter of Fundament al Rights of the European Union. In 
particular, this seeks to promote the inte gration into Community  policies of a high 
level of environmental protection and the improvement of envir onmental quality in 
accordance with the principle of sustainable development as laid down in Article 37 of 
the Charter of Fundamental Righ ts of the European Union.  
(31) The measures necessary for the implementa tion of this Directive should be adopted in 
accordance with Council Decision 1999/468/ EC of 28 June 1999 laying down the 
procedures for the exercise of impl ementing powers conferred on the Commission14, 
                                                 
12 insert reference to INSPIRE Directive once adopted 
13 OJ L 358, 31/12/2002, p. 59. 
14 OJ L 184, 17.7.1999, p. 23. 
 
EN 14   EN HAVE ADOPTED THIS DIRECTIVE: 
Chapter I 
General provisions 
Article 1 
Subject-matter 
This Directive establishes a framework for the development of Marine Strategies designed to 
achieve good environmental status in the marine  environment [by the y ear 2021 at the latest], 
and to ensure the continued protection and preservation of that environment and the 
prevention of deterioration. 
For the purposes of this Directive, “environm ental status” means the overall state of the 
environment in marine waters, taking into accoun t the structure, function and processes of the 
constituent marine ecosystems together with natural physiographic, geographic and climatic 
factors, as well as physical and chemical c onditions including those resulting from human 
activities in the area concerned.  
Article 2 
Scope 
This Directive is applicable to all European wa ters on the seaward side of the baseline from 
which the extent of territorial waters is measured extending to  the outmost reach of the area 
covered by the sovereignty or jurisdiction of Member States including the bed of all those 
waters and its sub-soils, herein after “European marine waters”. 
Article 3 
Marine Regions and Sub-Regions 
1. Member States shall, when implementing th eir obligations under this Directive, take 
due account of the fact that their European ma rine waters form an integral part of the 
following Marine Regions: 
(a) the Baltic Sea; (b) the North East Atlantic Ocean; (c) the Mediterranean Sea. 
2. Member States may, in order to take into  account the specificities of a particular 
area, implement this Directive by referen ce to subdivisions of the marine waters 
referred to in paragraph 1, provided that such subdivisi ons are delimited in a manner 
compatible with the following Marine Sub-Regions:  
(a) in the North-East Atlantic: 
 
EN 15   EN (i) in the Greater North Sea, including the Kattegat, the English Channel, the 
marine waters covered by the sovere ignty or jurisdiction of Belgium, 
Denmark, France, Germany, the Netherlands, Sweden and the United Kingdom; 
(ii) in the Celtic Seas, the marine waters covered by the sovereignty or 
jurisdiction of Ireland and the United Kingdom; 
(iii) in the Bay of Biscay and the Iberia n Coast, the marine waters covered by 
the sovereignty or jurisdiction of France, Portugal and Spain; 
(iv) in the Atlantic Ocean, the marine  waters covered by the sovereignty or 
jurisdiction of Portugal surrounding the Azores and Madeira, and of 
Spain, surrounding the Canary Islands; 
(b) in the Mediterranean: 
(i) in the Western Mediterranean Sea,  the marine waters covered by the 
sovereignty or jurisdiction of Spain, France and Italy; 
(ii) in the Adriatic Sea, the marine waters covered by the sovereignty or 
jurisdiction of Italy and Slovenia; 
(iii) in the Ionian Sea, the marine waters covered by the sovereignty or 
jurisdiction of Greece,  Italy and Malta; 
(iv) in the Aegean-Levantine Sea, the marine waters covered by the 
sovereignty or jurisdiction of Greece and Cyprus. 
Member States shall inform the Commission of  any subdivision by the date specified 
in the first subparagraph of Article 23(1). 
Article 4 
Marine Strategies 
Each Member State shall, in respect of each Marine Region concerned, develop a Marine 
Strategy for its European marine waters in accordance with the follo wing plan of action: 
(a) Preparation: 
(i) an initial assessment, to be completed by [ 4 years after date of entry into 
force ], of the current environmental stat us of the waters concerned and the 
environmental impact of human activities thereon, in accordance with Article 7; 
(ii) a determination, to be established by [ 4 years after date of entry into force ], of 
good environmental status for the waters concerned, in accordance with Article 
8(1); 
(iii) establishment, by [ 5 years after date of  entry into force ], of a series of 
environmental targets, in accordance with Article 9(1); 
 
EN 16   EN (iv) establishment and implementation, by [ 6 years after date of entry into force ] 
except where otherwise specified in the relevant Community legislation, of a 
monitoring programme for ongoing assessmen t and regular updating of targets, 
in accordance with Article 10(1);  
(b) Programmes of measures:  
(i) development, by 2016 at the latest, of a programme of measures designed to 
achieve good environment status, in accord ance with Article 12(1), (2) and (3); 
(ii) entry into operation of the programme  provided for in point (i), by 2018 at the 
latest, in accordance with Article 12(6). 
Article 5 
Co-ordination and co-operation 
1. For the purposes of this Directive, Member States with marine waters within the 
same Marine Region or Sub-Region shall co-ordinate their actions. 
Where practical and appropriate, Member States shall use existing institutional 
structures established in that  Marine Region or Sub-Region.  
2. For the purposes of this Directive, Member  States shall, within each Marine Region 
or Sub-Region, make every effort to co-ord inate their actions w ith third countries 
having sovereignty or jurisdiction over wa ters in the same Region or Sub-Region.  
In that context, Member States shall, as far as possible, build upon existing 
programmes and activities developed in the framework of structur es stemming from 
international agreements. 
Article 6 
Competent authorities 
1. Member States shall, by the date specifie d in the first subparagr aph of Article 23(1), 
designate for each Marine Region concerned the competent authority for the 
implementation of this Directive with respect to their European marine waters. 
Within six months of that date, Member States shall provide the Commission with a 
list of the competent authorities designated, together with the items of information 
listed in Annex I. 
At the same time, Member States shall send the Commission a list of the national 
competent authorities of all the releva nt international bodi es in which they 
participate.  
2. Member States shall inform the Commi ssion of any changes to the information 
provided pursuant to paragraph 1 within three months of such a change coming into effect. 
 
EN 17   EN Chapter II 
Marine Strategies: Preparation 
Article 7 
Assessment 
1. Member States shall make an initial assessment of their European marine waters, 
comprising the following: 
(a) an analysis of the essential characteris tics and current environmental status of 
those waters, based on the non-exhaustive list  of elements set out in Table 1 of 
Annex II, and covering the habitat t ypes, the biological components, the 
physico-chemical characterist ics and the hydromorphology;  
(b) an analysis of the predominant pressures and impacts, including human 
activity, on the characteristics and envir onmental status of those waters based 
on the non-exhaustive list of elements set out in Table 2 of Annex II, and 
covering the qualitative a nd quantitative mix of the va rious pressures, as well 
as discernible trends; 
(c) an economic and social analysis of their use and of the cost of degradation of 
the marine environment. 
2. The analyses referred to in paragraph 1 shall take into account elements regarding 
coastal, transitional and territorial waters covered by relevant provisions of Directive 2000/60/EC so as to produce a comprehensive assessment of the status of the marine 
environment. 
Article 8 
Determination of good environmental status 
1. By reference to the initial assessment made  pursuant to Article 7(1), Member States 
shall, in respect of each Marine Regi on concerned, determine for the European 
marine waters a set of characteristics fo r good environmental status, on the basis of 
the generic qualitative descript ors, criteria and standards pr ovided for in paragraph 3.  
They shall take into account the elements listed in Annex II and, in particular, the 
habitat types, the biological components, the physico-chemical characteristics, the 
hydromorphology. 
2. Member States shall notify to the Comm ission the assessment made pursuant to 
Article 7(1) and the determination made pur suant to paragraph 1 of this Article no 
later than three months after completion of the latter. 
3. The Commission, after consultation of all interested parties, shall, by [ 2 years after 
the date of entry into force ] at the latest, lay down, in accordance with the procedure 
referred to in Article [22(2)] and on the basis of Annex II, generic qualitative 
 
EN 18   EN descriptors, detailed criter ia and standards for the recognition of good environmental 
status.  
Article 9 
Establishment of environmental targets 
1. On the basis of the initial assessment made  pursuant to Article 7(1), Member States 
shall, in respect of each Marine Region concerned, establish a comprehensive set of environmental targets and associated indica tors for all of their European marine 
waters, taking into account the non-exhaustive  list of characteristics set out in Annex 
III.  
When devising those targets and indicators, Member States shall take into account 
the continuing application of existing envi ronmental targets, set out at national, 
Community or international level in respect of the same waters. 
2. Member States shall notify the environmental targets to the Commission no later 
than three months after their establishment. 
Article 10 
Establishment of monitoring programmes  
1. On the basis of the initial assessment made  pursuant to Article 7(1), Member States 
shall establish and implement co-ordinat ed monitoring programmes for the ongoing 
assessment of the environmental status of their European marine waters on the basis 
of the lists set out in A nnexes II and IV, and by refe rence to the environmental 
targets established purs uant to Article 9.  
Those programmes shall be consistent with in Marine Regions or Sub-Regions and 
shall build upon provisions for assessment and monitoring laid down by relevant 
Community legislation or unde r international agreements. 
2. Member States shall notify the monito ring programmes to the Commission no later 
than three months after their establishment. 
3. Where appropriate, the Commi ssion shall, in accordance with the procedure referred 
to in Article [22(2)], adopt  specifications and standard ised methods for monitoring 
and assessment which take into account existing commitments and ensure comparability between monitoring and assessment results. 
Article 11 
Approval 
On the basis of all the notifications made pursuan t to Articles 7(1), 8(2), 9(2) and 10(2) within 
each Marine Region, the Commission shall assess whether, in the case of each Member State, 
the elements notified constitute a framework which meets the requirements of this Directive. 
In making those assessments, the Commission sh all consider the coherence of frameworks 
within the different Marine Re gions and across the Community. 
 
EN 19   EN For the purposes of the assessment, the Commis sion may ask the Member State concerned to 
provide any additional information necessary to enable it to arrive at its decision. 
Within six months of receiving notificati on of the monitoring programmes established 
pursuant to Article 10, the Commissi on may decide, in the case of any Member State, to reject 
the framework or any element thereof, on the basi s that it does not comply with this Directive. 
Chapter III 
Marine Strategies: Programmes of measures 
Article 12 
Programmes of measures 
1. Member States shall, in respect of each Marine Region concerned, identify the 
measures which need to be taken in orde r to achieve good environmental status, as 
determined pursuant to Article 8(1), in all of their European marine waters.  
Those measures shall be devi sed on the basis of the initial assessment made pursuant 
to Article 7(1) and by reference to the e nvironmental targets established pursuant to 
Article 9(1), and taking into consideration the types of m easure listed in Annex V.  
2. Member States shall integrate the measur es devised pursuant to paragraph 1 into a 
programme of measures, taking into acc ount measures required under relevant 
Community legislation or international agreements. 
3. When drawing up the programme of meas ures pursuant to paragraph 2, Member 
States shall give due consideration to sustainable deve lopment and, in particular, to 
the social and economic impacts of the measures envisaged. 
Member States shall ensure that measures are cost-effective, technically feasible and 
shall carry out impact assessments, including detailed cost-benefit analyses, prior to the introduction of a ny new measure.  
4. Member States shall indicate in their pr ogrammes of measures how the measures are 
to be implemented and how they will contri bute to achievement of the environmental 
targets established purs uant to Article 9(1). 
5. Member States shall notify the Commission and any other Member State concerned 
of their programmes of measures, with in three months of their completion. 
6. Subject to Article 15, Member States sh all ensure that the programmes are made 
operational within two y ears of their completion. 
Article 13 
Special areas 
1. Where a Member State identifies an area w ithin its European marine waters where, 
because of any of the following reason s, the environmental targets cannot be 
achieved through measures taken by that Memb er State, it shall identify that area 
 
EN 20   EN clearly in its programme of  measures and provide the Commission with the evidence 
necessary to substantiate its view: 
(a) action or inaction on the part of a nother Member State or a third country; 
(b) natural causes or force majeure ; 
(c) modifications or alterati ons to the physical characte ristics of marine waters 
brought about by actions taken for overridi ng reasons of public interest which 
outweighed the negative impact on the environment. 
However, the Member State conc erned shall take appropriate ad hoc  measures to 
prevent further deterioration in the status  of the marine waters affected and to 
mitigate the adverse impact within the Marine Region concerned. 
2. In the situation covered by point (c) of pa ragraph 1, Member States shall ensure that 
the modifications or alterations do not permanently exclude or compromise the 
achievement of good environmental stat us in the Marine Region concerned. 
3. The ad hoc  measures referred to in the second subparagraph of paragraph 1 shall 
form an integral part of a programme of measures. 
Article 14 
Information 
Where a Member State identifies an issue which ha s an impact on the en vironmental status of 
its European marine waters and which cannot be tackled by measures  adopted at national 
level, it shall inform the Commission accordin gly and provide the evidence necessary to 
substantiate its view. 
Article 15 
Approval 
On the basis of the notifications of programme s of measures made pur suant to Article 12(5), 
the Commission shall assess whether, in the ca se of each Member State, the programmes 
notified constitute an appropriate means of achieving good environmental status as 
determined pursuant to Article 8(1). 
In making that assessment, the Commission shall consider the coherence across the 
Community of programmes of measures. 
For the purposes of the assessment, the Commis sion may ask the Member State concerned to 
provide any additional information necessary to enable it to arrive at its decision. 
Within six months of receiving notification of  the programmes of measures, the Commission 
may decide, in the case of any Member State, to  reject a programme or any aspect thereof, on 
the basis that it does not comply with this Directive. 
 
EN 21   EN Chapter IV 
Updating, reports a nd public information 
Article 16 
Updating 
1. Member States shall ensure that, in resp ect of each Marine Region concerned, their 
Marine Strategies are kept up-to-date. 
2. For the purposes of paragr aph 1, Member States shall review the following elements 
of their Marine Strategies every six y ears after their initial establishment: 
(a) the initial assessment and the dete rmination of good environmental status, 
provided for in Articles 7( 1) and 8(1), respectively; 
(b) the environmental targets established pursuant to Article 9(1); (c) the monitoring programmes estab lished pursuant to Article 10(1); 
(d) the programmes of measures esta blished pursuant to Article 12(2). 
3. Details of any updates made following the reviews provided for in paragraph 2 shall 
be sent to the Commission and to any othe r Member States concerned within three 
months of their publication in accordance with Article 18(2). 
4. Articles 11 and 15 shall apply mutatis mutandis . 
Article 17 
Interim reports 
Member States shall, within three years of th e publication of each progr amme of measures or 
update thereof in accordance with Article 18(2) , submit to the Commission an interim report 
describing progress in the impl ementation of that programme. 
Article 18 
Public consultation and information 
1. In accordance with Directive 2003/35/EC, Me mber States shall ensure the active 
involvement of all interested parties in the implementation of this Directive, in 
particular in the establishment of the Marine Strategies provided for in Chapters II and III, and their updating in accordance with Article 16. 
2. Member States shall publish and make available for comments to the public 
summaries of the following elements of their Marine Strategies, or the related updates: 
(a) the initial assessment and the dete rmination of good environmental status, 
provided for in Articles 7( 1) and 8(1), respectively; 
 
EN 22   EN (b) the environmental targets established pursuant to Article 9(1); 
(c) the monitoring programmes estab lished pursuant to Article 10(1); 
(d) the programmes of measures esta blished pursuant to Article 12(2). 
3. In accordance with Directive 2003/4/EC, access shall be given upon request to 
background documents and information used  for the development of the Marine 
Strategies. In particular, the data a nd information resulting from the initial 
assessment and the monitoring programmes shall be made available to the public 
over the internet or any other appropr iate means of telecommunication.  
Member States shall provide the Commission, for the performance of its tasks, with 
unrestricted access and use rights in re spect of that data and information. 
Article 19 
Commission reports 
1. The Commission shall publish a first eval uation report on the implementation of this 
Directive within two years of receiving all programmes of measures and, in any case, 
by 2021 at the latest.  
The Commission shall publish further re ports every six years thereafter.  
It shall submit the report s to the European Parliament and to the Council. 
2. The reports provided for in paragr aph 1 shall include the following: 
(a) a review of progress in the im plementation of this Directive; 
(b) a review of the status of the marine  environment in the Community, undertaken 
in co-ordination with the European Environment Agency and the relevant 
regional marine and fisheries or ganisations and conventions;  
(c) a survey of the Marine Strategies, together with suggestions for their 
improvement;  
(d) a summary of the assessments made  by the Commission, in accordance with 
Article 15, in relation to information rece ived from the Member States pursuant 
to Article 14; 
(e) a summary of the response to each of  the reports to the Commission made by 
Member States pursuant to Article 17; 
(f) a summary of the responses to comm ents made by the European Parliament 
and the Council on previ ous Marine Strategies. 
 
EN 23   EN Article 20 
Review of this Directive 
The Commission shall review  this Directive by [ 15 years after the date of entry into force ] 
and shall, where appropriate, propose any necessary amendments. 
Chapter V 
Final provisions 
Article 21 
Technical adaptations  
1. Annexes II, III and IV shal l be adapted to scientific  and technical progress in 
accordance with the procedure referred to in  Article [22(2)], taking into account the 
periods for the review and updating of Marine  Strategies, laid down in Article 16(2).  
2. Where necessary, the Commi ssion may, in accordance with the procedure referred to 
in Article [22(2)], adopt the following: 
(a) standards for the application of Annexes [II], [III] and [IV]; 
(b) technical formats for the purposes of  transmission and processing of data, 
including statistical a nd cartographic data.  
Article 22 
Committee 
1. The Commission shall be assisted by the co mmittee established by Article [21(1)] of 
Directive 2000/60/EC, hereinafter re ferred to as "the Committee". 
2. Where reference is made to this pa ragraph, Articles 5 and 7 of Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 
3. The Committee shall adopt its Rules of Procedure. 
Article 23 
Transposition 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comply  with this Directive by [ three years after the date of 
entry into force ] at the latest. They shall forthw ith communicate to  the Commission 
the text of those provisions and a correlati on table between those provisions and this 
Directive. 
 
EN 24   EN When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the texts of the main 
provisions of national law which they adopt in the field covered by this Directive. 
Article 24 
Entry into force 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union .  
Article 25 
Addressees 
This Directive is addressed to the Member States. 
Done at Brussels,  
For the European Parliament For the Council 
The President The President   
 
EN 25   EN Annex I  
Article 6(2)  
(1) Name and address of the competent author ity – the official name and address of the 
authority identified. 
(2) Legal status of competent authority – a description of the legal status of the 
competent authority and, where relevant, a su mmary or copy of its statute, founding 
treaty or equivalent legal document. 
(3) Responsibilities – a description of the le gal and administrative responsibilities of the 
competent authority and of its role  for the marine waters concerned. 
(4) Membership – when the competent authority acts as a co-ordinating body for other 
competent authorities, a list is required of these bodies together with a summary of 
the institutional relationshi ps established in order to  ensure co-ordination. 
(5) Regional co-ordination - a summary is re quired of the mechanisms established in 
order to ensure co-ordination between th e Member States whose European marine 
waters fall within the same Marine Region. 
 
EN 26   EN Annex II  
Articles 7(1), 8(1) and 10(1)  
Table 1 – Characteristics 
Physical and chemical 
features. - bathymetric features; 
- annual and seasonal temperature regime; 
- predominant currents and estimated re-
cycling/replacement times; 
- salinity including trends and gradients across the region. 
Habitat types - The predominant habitat type(s ) with a description of the 
characteristic physical and chemical features-depth, 
temperature regime, currents, salinity, structure and substrate of the bed; 
- Identification and mapping of special habitat types 
especially those recognised or identified under EU legislation (habitats and birds directives) or international conventions as being of special scientific or biodiversity 
interest;  
- Other special areas which by virtue of their 
characteristics, location, or strategic importance merit a 
particular reference. This may include areas subject to 
intense or specific pressure s or areas which merit a 
specific protection regime. 
Biological Elements - A description of the biol ogical communities associated 
with the predominant hab itats. This would include 
information of the typical phytoplankton and zooplankton communities including the typi cal species, seasonal and 
geographical variability and estimates of primary and 
secondary productivity. Information on the invertebrate bottom fauna including speci es composition, biomass, 
productivity and annual/seasonal variability should also be provided. Finally, informatio n on the structure of fish 
populations including the abundance, distribution and age/size structure of the popul ations should be presented. 
- A description of the population dynamics, natural and 
actual range and status of all species of marine mammal occurring in the region/sub-region. For species covered by EU legislation (habitats directive) or international agreements, a description of the main threats and protection/management measures  in place should also be 
provided; 
 
EN 27   EN - A description of the population dynamics, natural and 
actual range and status of all species of seabirds occurring in the region/sub-region. For species covered by EU legislation (birds directive) or international agreements, a description of the main threats and protection/management measures in place shall also be provided; 
- A description of the population dynamics, natural and 
actual range and status of all other species occurring in the region/sub-region which are the subject of EU legislation 
or international agreements in cluding a description of the 
main threats and protection/management measures in place. 
- An inventory of the occurrence, abundance and 
distribution of non-indigenous , exotic species which are 
present in the region/sub-region. 
Other Features - A description of incidences of nutrient enrichment-inputs, 
nutrient cycling (currents and sediment/water interactions), spatial distribution, consequences; 
- A description of the general state of chemical pollution 
including problem chemicals, sediment contamination, 
hot spots, health issues (c ontamination of fish flesh); 
- Any other features, character istics typical/peculiar to the 
region/sub-region ( e.g.  dumped munitions) 
 
EN 28   EN Table 2 - Pressures and Impacts 
General 
Pollution in the form of the di rect or indirect introduction, as  a result of human activity, o f
substances or energy, including human-induced marine underwater noise, into the marine 
environment which results or is likely to result in such deleterious effects as harm to livingresources and marine life, hazards to huma n health, hindrance to marine activities,
including fishing, tourism and r ecreation and other legitimate us es of the sea, impairment 
of quality for use of sea water and reduction of amenities.
 
 
Physical loss Smothering (e.g. by artificial structures, disposal of dredge spoil) 
Sealing (e.g. by permanent constructions) 
Physical damage Siltation (e.g. run-off, dredging, outfalls) 
Abrasion (e.g. boating, anchoring, ) Selective extraction (e.g. aggregate dredging, entanglement) 
Non-physical disturbance Noise (e.g. boat activity, seismic) 
Visual (e.g. recreational activity) 
Toxic contamination Introduction of synthetic compounds (e.g. pesticides, antifoulants, 
PCBs) 
Introduction of non-synthetic compounds (e.g. heavy metals, 
hydrocarbons) 
Introduction of radio nuclides
Non-toxic contamination Nutrient enrichment (e.g. agricultural run-off, outfalls) 
Organic enrichment (e.g. mariculture, outfalls) Changes in thermal regime (e.g. outfalls, power stations) 
Changes in turbidity (e.g. run-off, dredging) 
Chan
ges in salinit y (e.g. water abstraction, outfalls ) 
Biological disturbance Introduction of microbial pathogens 
Introduction of non-native species and translocations 
Selective extraction of species (e.g. commercial & recreational fishing) 
 
EN 29   EN Annex III  
Article 9(1)  
(1) Adequate coverage of the elements characterising marine waters under the 
sovereignty or jurisdiction of Member Stat es within a Marine Region or Sub-Region.  
(2) Need to set (a) targets establishing desi red conditions based on the definition of good 
environmental status; (b) measurable targ ets that allow for monitoring; and (c) 
operational targets relating to concrete implementation measures to support their 
achievement.  
(3) Specification of environmental status to be  achieved and formulation of the latter in 
terms of measurable properties of the elem ents characterising the European marine 
waters of a Member State within  a Marine Region or Sub-Region. 
(4) Consistency of the set of targets;  absence of conflicts between them. 
(5) Specification of the resources need ed for the achievement of targets. 
(6) Formulation of targets with a time scale for their achievement. (7) Specification of indicators intended to  monitor progress and guide management 
decisions towards achievements of targets. 
(8) Where appropriate, specification of re ference points (target and limit reference 
points).  
(9) Due consideration of social and eco nomic concerns in setting targets. 
(10) Examination of the set of environmenta l targets, associated indicators and limit and 
target reference points devel oped in light of the environm ental objective laid down in 
Article [1] in order to assess whether the achievement of the targets would lead the marine waters falling under the sovereignty or jurisdiction of Memb er States within a 
Marine Region to a status matching them. 
(11) Compatibility of targets with objectiv es to which the Community and its Member 
States have committed themselves under relevant international and regional 
agreements. 
(12) When the suite of targ ets and indicators have been  assembled, they should be 
examined together relative to the environm ental objective laid down in Article [1] to 
assess whether the achievement of the target s would lead the marine environment to 
a status matching them. 
 
EN 30   EN Annex IV  
Article 10(1)  
(1) Need to provide information for an asse ssment of the environmental status and for a 
measure of distance from and progress towards good environmental status in 
accordance with Annex [II] and with the detailed standards and criteria to be defined 
pursuant to Article [8(3)].  
(2) Need to ensure the generation of the information enabling the identification of 
suitable indicators for the environmental targets provided for in Article [9].  
(3) Need to ensure the generation of the in formation allowing the assessment of the 
impact of the measures re ferred to in Article [12]. 
(4) Need to include activities to identify th e cause of the change and hence the possible 
corrective measures that w ould need to be taken to return the good environmental 
status, when deviations from the desire d status range have been identified. 
(5) Need to provide information on chemi cal contaminants in species for human 
consumption from commercial fishing areas. 
(6) Need to include activities to confirm that  the corrective measures deliver the desired 
changes and not any unwa nted side effects. 
(7) Need to aggregate the informa tion on the basis of Marine Regions. 
(8) Need to develop technical specifications  and standardised met hods for monitoring at 
Community level to allow comp arability of information.  
(9) Need to ensure to the extent possi ble compatibility with existing programmes 
developed at regional and inte rnational level with a view to fostering consistency 
between these programmes and avoiding duplication of efforts. 
(10) Need to include as part  of the initial assessment provided for in Article [7] an 
assessment of major changes in the environmental conditions as well as, where 
necessary, new and emerging issues. 
(11) Need to address as part of the initial assessment provided for in Article [7] the 
elements listed in Annex II and their natural variability and to evaluate the trends 
towards the achievement of the environmenta l targets laid down pursuant to Article 
[9(1)], using, as appropriate the set indica tors and their limit or target reference 
points.  
 
EN 31   EN Annex V  
Article 12(1)  
(1) Input controls: management measures th at influence the amount  of a human activity 
that is permitted. 
(2) Output controls: management measures th at influence the degree of perturbation of 
an ecosystem component that is permitted. 
(3) Spatial and temporal distribution contro ls: management measures which influence 
where and when an activity is allowed to occur. 
(4) Management co-ordination measures: tool s to ensure management is coordinated. 
(5) Economic incentives: management measures which make it in the economic interest 
of those using the marine ecosystem to act in ways which help to achieve the 
ecological objectives for the ecosystem. 
(6) Mitigation and remediation Tools: mana gement tools which guide human activities 
to restore damaged components of marine ecosystems. 
(7) Communication, stakeholder involveme nt and raising public awareness.