COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT - Towards a strategy to protect and conserve the marine environment

1. Introduction and Setting the Scene

2. The 6th Environment Action Programme (6th EAP) stipulates the development of a thematic strategy for the protection and conservation of the marine environment with the overall aim "to promote sustainable use of the seas and conserve marine ecosystems", because the marine environment is subject to a variety of threats. These threats include loss or degradation of biodiversity and changes in its structure, loss of habitats, contamination by dangerous substances and nutrients and possible future effects of climate change. The related pressures include: commercial fishing, oil and gas exploration, shipping, water borne and atmospheric deposition of dangerous substances and nutrients, waste dumping, physical degradation of the habitat due to dredging and extraction of sand and gravel.

2. While measures to control and reduce these pressures and impacts do exist, they have been developed in a sector by sector approach resulting in a patchwork of policies, legislation, programmes and action plans at national, regional, EU and international level, which contribute to the protection of the marine environment. At the EU level, there exists no overall, integrated policy for marine protection.

2. At a global level the seas and oceans play key roles in climate and weather patterns. The oceans and seas also generate wealth, they provide important food resources and provide employment for a significant number of people. However, our oceans and seas are under threat: in some cases to the extent that their structure and function is being jeopardised. If our oceans and seas are not preserved their ecological capital will erode and the wealth generation and employment opportunities of future generations will be put at risk.

2. The 6thEAP establishes a programme of Community action on the environment. It addresses the key environmental objectives and priorities based on an assessment of the state of the environment and of prevailing trends including emerging issues that require a lead from the Community. The Programme promotes the integration of environmental concerns in all Community policies and contributes to the achievement of sustainable development throughout the current and future enlarged Community.

2. This programme represents the environmental dimension of the Community's Strategy for Sustainable Development (SDS). The Strategy for Sustainable Development (SDS) builds upon the political commitment of the European Union: "to become the most competitive and dynamic knowledge-based economy in the world capable of sustainable economic growth with more and better jobs and greater social cohesion".

2. This recognises that in the long term, economic growth, social cohesion and environmental protection must go hand in hand. Promoting the health and proper functioning of marine ecosystems will increase their intrinsic values and contribute significantly to sustainable development.

2. This has been further strengthened by the outcome of the World Summit on Sustainable Development in Johannesburg. In its implementation plan the Summit agreed, inter alia,

* to encourage the application by 2010 of the ecosystem approach to oceans;

* to maintain or restore fish stocks to maximum sustainable yields with the aim of achieving these goals for depleted stocks on an urgent basis and where possible before 2015;

* to implement the FAO plan for managing fishing capacity by 2005;

* to implement the FAO plan to prevent illegal fishing by 2004;

* to establish a regular UN process for assessing the state of the marine environment by 2004.

2. The political commitment to sustainable development should lead to a more integrated approach to policy making and management because each policy sector should consider also the side effects, positive or negative, on other sectors and the marine ecosystem. Evaluating and managing the long- term consequences of current and future practices on other sectors and on the marine environment, even without full knowledge, will be equivalent to adopting an ecosystem-based approach based on the precautionary principle. The fundamental of the ecosystem-based approach lies in the integration of sometimes conflicting demands in protecting and exploiting the marine environment in such a way that it can continue to support these demands in the long-term.

2. One of the particular features of the marine environment is the number of organisations, regional conventions and international bodies, which are concerned with its protection. In addition the EU itself has an extensive body of legislation, policies and programmes which directly or indirectly impact upon the quality of our oceans and seas. The institutional and legal complexity of marine protection is indeed one of the main challenges to be confronted in developing an EU strategy and will be addressed in the document.

2. In addressing the protection of the marine environment, we must also define the geographical scope of our actions. The strategy we are setting out to establish is intended to contribute to the protection of oceans and seas and their biodiversity throughout the world. Clearly the opportunity for concrete measures and actions will be much greater in those parts of the oceans and seas which are part of the territorial waters and Exclusive Economic Zones (EEZs) of the Member States and Candidate Countries (North East Atlantic, Baltic Sea, Mediterranean Sea and Black Sea). However, the EU can have a significant influence on the health of marine ecosystems of other seas such as the Barents and Arctic seas and at international level. This would be through its bilateral agreements, its political co-operation, its legal approximation, its fishing agreements with third countries, its development programme and also its participation in international treaties and conventions.

2. The title of the present document is "Towards a strategy to protect and conserve the marine environment". As this is the first communication addressing a marine strategy it is premature to provide the integrated approach that will be needed in the future. At present not all the information needed for developing such an integrated policy is available. It is therefore action and sector oriented in order to describe the complexity and it is intended to establish the foundation upon which a thematic strategy can be built. In particular the present document will:

(1) review the current information concerning the environmental status of the seas and oceans and identify the main threats (Chapter 2 and Annex 1);

(2) review the present situation with regard to the development and implementation of policies to control these threats, both within the EU and at regional and international level (Chapter 3 and Annex 2);

(3) identify gaps in knowledge and review the present situation with regard to monitoring assessment and research (Chapter 4 and Annex 3);

(4) draw operational conclusions as to what needs to be done to improve the current situation (Chapters 3, 4 and 5);

(5) identify the appropriate operational and institutional objectives for the EU (Chapter 6 and 7);

(6) set out an action plan and a work-programme for the Commission, the Member States, Candidate Countries and all relevant stakeholders to work together between now and 2004 in order to define and develop a thematic strategy for the protection and sustainable use of the marine environment (Chapter 8 and Annex 5).

2. The Environmental Quality Status of Our Seas and Oceans

2. The following is a brief summary of the environmental quality status of the marine environment. The presentation is focussed primarily on Europe's regional seas. This summary and the more extensive description to be found in Annex 1, is based extensively on the reports of the regional marine conventions [1], reports from the European Environment Agency as well as the information collected and reported in the context of the EU's own policy actions such as the common fisheries policy.

[1] These reports include; the Fourth Periodic Assessment of the Helsinki Commission (to be published in 2002), the "QSR2000" of the OSPAR Commission (published in 2000), which includes a contribution made by AMAP, the "State and Pressures of the Marine and Coastal Mediterranean Environment" of the EEA and UNEP/MAP (published in 1999), the "Black Sea Pollution Assessment" of the Black Sea Environmental Programme (published by the Black Sea Environmental Programme in 1998) and information taken from the website of the Black Sea Environmental Programme and "Europe's Environment: The Second Assessment", published by the EEA in 1998. Information regarding the impact of fisheries on the main commercial fish stocks was updated taking into account the Commission's Green Paper on the Review of the Common Fisheries Policy.

2. Although there is information on the different pressures on the marine environment as described, it is not always clear to what extent these pressures have actually resulted in environmental impacts. Lack of knowledge and the fact that environmental changes take place over long time-scales means that impacts can be unnoticed for long periods of time.

2. Marine biodiversity [2] is under significant pressure. Overfishing is a common problem worldwide in all European seas and in many sea areas of developing and of developed countries, although management systems for the exploitation of these resources have been implemented (such as the Common Fisheries Policy, CFP). The main environmental concerns are:

[2] For the purpose of this Communication marine biodiversity is used in accordance with relevant parts of the UN Convention of Biodiversity Article 2 that states: "Biodiversity means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic organisms and the ecological complexes of which they are part: this includes diversity within species between species and of ecosystems."

* several important commercial fish stocks such as cod and hake have reached critical low levels and the majority of fish stocks is fished well above what is sustainable;

* significant damage to non-target fish species and to other, non-fish species such as cetaceans, seals, birds and turtles mainly as a result of high fishing intensity;

* in addition to these direct impact on species, commercial fishing activities are also responsible for damage to sensitive habitat types such as maerl beds, posedonia meadows and deep-sea reefs;

* alterations of the structure and function of marine ecosystem by fishing down the marine food chains.

2. Another threat to marine biodiversity is associated with the (unintentional) introduction of non-indigenous species, genetically modified or disease bearing organisms. The main vector for these introductions is the discharge of ballast waters from ships and organisms carried on ships' hulls. Aquaculture is also a significant source. When introduced into an ecosystem, non-indigenous species can have a catastrophic effect on indigenous plant and animal communities.

2. Further, the increasing intensity of human activities along the coasts (such as the development of ports and harbours, coastal protection, land reclamation, tourism and sand and gravel extraction) has a severe impact on coastal habitats and associated ecological processes. These impacts may extend for a significant distance offshore. In addition to increasing levels of urbanisation and tourism, developments such as barrages and wind-parks may also have an impact on habitats and sensitive species. The development of wind and wave power installations should respect sustainability principles.

2. Various hazardous substances reach the marine environment following their discharge, emission and loss from a number of industrial processes and commercial and domestic uses. Given their intrinsic properties of toxicity, persistence, and liability to bioaccumulate, there is evidence that a diverse range of natural and man-made substances have the potential to impair biological processes in aquatic organisms.

2. Although some of the more dangerous substances such as PCB's and DDT and other older pesticides have not been produced or used in the EU for some time, they continue to be detected in the marine environment.Emissions may have stopped, marine water and its associated sediments have a long "memory". As sediments act as sinks for many pollutants, these chemicals continue to a public health concern and impede the use of marine resources for human use. For example, dioxins are appearing in fish taken from the Baltic Sea. In addition endocrine disrupters associated with decreased human fertility and of fish and other marine species are of increasing concern. On the positive side, there are trends of reduced pollution of some hazardous substances in particular the heavy metals.

2. Eutrophication is caused by excessive inputs of nutrients (nitrogen and phosphorous). Where this is predominantly from agricultural and urban sources, atmospheric deposition of NOx from seagoing ships, may also be a relevant input. In combination with other conditions these inputs can give rise to (increased) algal blooms. These algal blooms can result in the release of substances which are toxic both to man and to other marine life affecting i.a. fisheries, aquaculture and tourism. Decomposing algae can also deplete the oxygen in benthic waters which, in turn, can also have a severely detrimental effect on marine ecosystems in sensitive areas. Finally eutrophication can also result in spectacular growth of macroscopic algae which is then washed onto the shore where it rots causing nuisance and public health risks. Examples of this type of impact can be observed in the coastal regions of Brittany where the tourist industry in some towns and villages has been blighted as a result.

2. Eutrophication is considered as the most significant cause of the Black Sea's environmental decline since the 1960s and has contributed to the proliferation of Mnemiopsis. It also has caused marked changes in the Baltic Sea. In the Northeast Atlantic impacts are mainly confined to coastal areas of the eastern part of the North Sea, the Wadden Sea, the German Bight, the Kattegat, and the eastern Skagerrak. In the Mediterranean, the most endangered area is the northern and west coast of the Adriatic Sea.

2. Progress has been made in reducing inputs of nutrients. However, in most cases this has not yet resulted in clear reductions in nutrient concentrations in the areas of concern due to a long time lag. There are also no reductions in concentrations of chlorophyll-a, which is an indicator of eutrophication. Inputs in particular of nitrogen from diffuse agricultural sources and untreated urban wastewater remains a problem to be solved.

2. Violations of existing regulations aimed at preventing discharges of oil at sea are frequent in all European seas, resulting in the oiling of seabirds, shellfish, other organisms and the coastline. In general this type of pollution results from the deliberate washing of tanks or the flushing of bilge or ballast water. So far, there is no clear downward trend. Operational discharges from refineries are decreasing. With regard to the offshore industry in the North Sea, total inputs of oil have been reduced substantially since 1985. However, there is a need for continual vigilance as drilling platforms extend into new sectors in deeper waters and into waters seasonally affected by ice.

2. Further accidents involving ships are unfortunately and despite all the preventive measures which have been put in place, to be expected. Associated with these accidents are the attendant risks of pollution by oil and chemicals. Where major shipping lanes and port facilities are located near to sensitive or special habitats the potential for environmental damage is significantly increased.

2. There is continued public concern with regard to discharges of radionuclides, particularly those arising from nuclear-fuel reprocessing plants. Compared to many other areas of the world, some of Europe's regional seas have received significant discharges of nuclear material. There are few data concerning the impact on marine ecosystems.

2. Contamination with litter is believed to be a general problem in all European Seas. The main sources are shipping (fishing and commercial) and tourist and recreational activities. Impacts on marine life include the drowning of birds entangled in plastic sheeting, and the death of birds, turtles and cetaceans caused by ingested plastic objects. Litter has also been found to carry a variety of epiphytic organisms to sea areas that these organisms would not normally reach. As tourism, urban development and industrial pressure for development in the coastal zone increase, the problem of litter may also increase.

2. There are still a number of Community beaches where problems with microbiological pollution exist. These result from deficiencies in implementing the Urban Waste Water Treatment Directive and as a result the standards of even the present EC Bathing Water Directive, let alone the likely provisions of the new directive, are not met. Problems also exist in non-Community regions in the Mediterranean and are severe in the Black Sea.

2. There are clear linkages between the health and proper functioning of the marine environment and human health. Contamination by marine phytoplankton biotoxins or by pathogens associated with inadequately treated sewage, may have a direct and very obvious impact on human wellbeing.

2. For instance, some countries bordering the Baltic Sea have issued guidelines for consumption by sensitive groups (pregnant women, nursing mothers, children) of certain species of fish due to contamination by dioxins but nevertheless allow for high levels of contaminants in fish products. In certain areas of the European coast the concentrations of heavy metals in carnivorous fish sometimes exceed maximum acceptable levels. Human beings are at the top of the food chain and as such are the ultimate sinks for contaminants which bio-accumulate and bio-magnify.

2. The potential consequences of climate change are far reaching and may include changes in ocean current strength and transport, water mass formation rates, sea level height, the strength and frequency of weather systems, and rainfall and run-off with downstream effects on ecosystems and fisheries.

3. Review of the Present Situation - Existing Policies and Legislation on Protection and Conservation of the Marine Environment

2. From the review of current EU policies and legislation in Annex 2, it is apparent is that there exists a wide variety of EU measures which contribute to the protection of the marine environment. However, as most of this is sectoral and as the geographic scope varies, there is no integrated policy focussed on the protection of our seas and oceans.

Threat/Pressure // Legislation, policy or programme

Biodiversity Decline/ Habitat Destruction // A Sustainable Europe for a Better World: A European Union Strategy for Sustainable Development (SDS), Directive on the conservation of natural habitats and of wild fauna and flora (92/43, Habitats Directive), Directive on the conservation of wild birds (79/409, Birds Directive), Council Regulation establishing a Community system for fisheries and aquaculture (No 3760/92 of 20 December 1992, CFP), Agricultural Policy (CAP), Directive establishing a framework for Community action in the field of water policy (2000/60, WFD), draft Recommendation concerning the implementation of Integrated Coastal Zone Management in Europe (ICZM); proposed Directive amending the Recreational Craft Directive 94/25 to include noise and exhaust emission limits for engines used in recreational craft

Hazardous Substances // Directive on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (67/548) and related legislation, Directive 76/769 relating to restrictions on the marketing and use of certain dangerous substances and preparations, Directive concerning the placing of plant protection products on the market (91/414), Directive concerning the placing of biocidal products on the market (98/8), Directive on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (76/464, plus daughter directives), Directive concerning integrated pollution prevention and control (96/61, IPPC), WFD, Chemicals Policy, emissions legislation especially national emission ceilings

Eutrophication // Council Directive concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676, Nitrates Directive), Council Directive concerning urban waste-water treatment (91/271, UWWT), WFD, CAP, emissions legislation/national emission ceilings

Chronic Oil Pollution // Directive on port reception facilities for ship-generated waste and cargo residues (2000/59), Community Framework for cooperation in the field of accidental or deliberate marine pollution

Radionuclides // Basic safety standards established under the Euratom Treaty establishing the European Atomic Energy Community

Health and Environment // Directive concerning the quality of bathing water (76/160), UWWT, Directive 91/492 on shellfish, Directive 91/493 on fish and fishery products and Directive 96/23 on monitoring of residues in food (Food Safety Framework), Directive laying down the health conditions for the production and the placing on the market of live bivalve molluscs (91/492), Commission Strategy with regard to Dioxins, Furans and PCB; proposed Directive amending the Recreational Craft Directive 94/25 to include noise and exhaust emission limits for engines used in recreational craft (COM (2000) 639); Proposal for a directive on the Protection of the Environment through Criminal Law (COM (2001) 139)

Maritime Transport (limited to measures most directly linked to the protection of the marine environment) // Directive 93/75 concerning minimum requirements for vessels carrying dangerous or polluting goods; Directive 94/57 on common rules and standards for ship inspection and survey organisations, Directive 95/21 concerning Port State Control; Directive 2000/59 on port reception facilities for ship-generated waste and cargo residues; Directive 2001/25 on the minimum level of training of seafarers; Regulation 417/2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers;

2. The mandates, objectives and activities of the major regional and international conventions, commissions, organisations and agreements are described in Annex 2 with further detailed background information in Annex 4.

Threat/Pressure // International Conventions / Commissions / Organisations

General // Convention for the Protection of Marine Environment of the North East Atlantic (OSPAR), Convention for the Protection of the Marine Environment of the Baltic Sea (HELCOM), Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (BARCELONA), Convention for the Protection of the Black Sea against Pollution (Bucharest), North Sea Conference

Biodiversity Decline / Habitat Destruction // OSPAR, HELCOM, BARCELONA, Agreement on the conservation of small cetaceans of the Baltic and the North Seas (ASCOBANS), Agreement on the conservation of cetaceans in the Black and Mediterranean Seas and contiguous areas of the North East Atlantic (ACCOBAMS), International Baltic Sea Fisheries Convention (IBSFC), North East Atlantic Fisheries Commission (NEAFC), North Atlantic Salmon Conservation Organisation (NASCO), International Commission for the Protection of Atlantic Tunas (ICCAT), Convention on Biological Diversity (CBD), Food and Agriculture Organisation (FAO), Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention), Convention on the Conservation of Wildlife and Natural Habitats in Europe (Bern Convention), UN Convention of the Law of the Sea (UNCLOS)

Hazardous Substances // OSPAR, HELCOM, BARCELONA, Bucharest, Convention on the Prevention of Marine Pollution by Dumping Wastes and other Matters (London Convention), Stockholm Convention on Persistent Organic Pollutants (POPs), International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), UN-ECE Convention on Long-range Transboundary Air Pollution (LRTAP); Rotterdam Convention on Prior Informed Consent for certain Hazardous Chemicals in International Trade

Eutrophication // OSPAR, HELCOM, BARCOM, Bucharest

Chronic Oil Pollution // OSPAR, Agreement for Cooperation in Dealing with Pollution of the North Sea by Oil and Other Harmful Substances (Bonn Agreement), Agreement concerning Cooperation in taking Measures against Pollution of the Sea by Oil (Copenhagen Agreement), Agreement for Cooperation in Dealing with Pollution due to Hydrocarbons or Other Harmful Substances (Lisbon Agreement, not yet in force), HELCOM, BARCELONA, Bucharest, MARPOL 73/78

Radionuclides // OSPAR, HELCOM, BARCELONA, Bucharest, International Atomic Energy Agency, London Convention

Health and Environment // HELCOM, BARCELONA, Bucharest, European Environment and Health Committee, World Health Organisation; Convention for the protection of environment through criminal law of the Council of Europe

Maritime Transport // International Maritime Organisation (IMO) administering several global conventions related to maritime transport, Paris Memorandum on Port State Control (Paris MOU), HELCOM, BARCELONA

2. The large number of different organisations contributing to the protection of the marine environment is apparent. The geographical area covered by these organisations overlap to a large extent with Community waters. Also in terms of membership there is overlap, albeit to a different extent in the different organisations.

2. In relation to the specific threats and pressures impinging upon the marine environment the following conclusions can be drawn with regard to EU and regional/international activities

Biodiversity Decline and Habitat Protection

2. The most significant policies and actions addressing the protection of species and habitats within the EU are the Habitat and Birds Directives, the Common Fisheries Policy, the Common Agricultural Policy and the Biodiversity Action Plans. The OSPAR, Helsinki and Barcelona Conventions activities are being carried out regarding the protection of species and habitats. In the Baltic region actions and targets have been established in the Baltic 21 agenda. Activities regarding the biodiversity and habitat protection in the Black Sea are not very well developed yet.

2. International conventions on fisheries (e.g. Atlantic salmon under NASCO) and on biodiversity protection (e.g. the Biodiversity Convention (BDC) and ASCOBANS) are either of a general nature or directed at specific stocks and are the principal driver. There are inconsistencies between decisions taken under ASCOBANS and the provisions of the Habitats directive. Where there is further potential for parallel activities, an integrated and consistent approach should be developed to avoid further inconsistencies.

Hazardous Substances

2. EU measures for controlling pollution with hazardous substances include as the most significant the directives on new and existing substances, IPPC, the Water Framework directive and the New Chemicals Policy. All regional marine conventions address measures to control hazardous substances, sometimes to a high level of detail. A fruitful co-operation between the EU and OSPAR has recently been developed in the field of the selection and prioritisation of hazardous substances and in assessments of these substances with OSPAR addressing its concerns to the Commission where the Community is in a better position to regulate. Relative risk rankings of priority substances in EU and in the regional marine conventions may vary as a result of different relevance of substances in the marine and in freshwater environments or to different usage patterns of substances in countries across Europe.

2. Where a large part of the regulatory effort of marine Conventions attempts to control chemical products and industrial installations which are also covered by Community legislation, there is a large duplication of effort as well as confusion given the divergent positions taken by the same countries in different fora. Usefully, there have recently been some efforts to co-ordinate the respective work programmes and work according to common methodology. Further afield international action in the context of the recently agreed POP's Convention and the LRTAP Protocols will be of relevance.

Eutrophication

2. The main EU instruments to combat eutrophication are the Nitrates Directive, the Urban Wastewater Directive, the Water Framework Directive and the CAP. Both OSPAR (under its Strategy to Combat Eutrophication) and HELCOM stress the need to implement these measures and undertake to identify what additional measures would be required. Regulation by both the EU and the regional marine conventions leads to a degree of confusion as well as duplication of effort. In the field of assessing the status of eutrophication in the marine environment, activities of the regional marine conventions would be beneficial for the Community.

Chronic Oil Pollution

2. Although the IPPC and the EIA Directives are applicable, there is no specific EU policy or legislation addressing the offshore oil and gas industry. Measures to control emission and discharges from this sector are mainly developed by OSPAR. Furthermore, Annex 1 (oil) of MARPOL73/78 is applicable on a worldwide scale as far as prevention of ship-source pollution is concerned. These rules are complemented by EC rules for ships bound for EU ports (mainly the Port State Control and reception facilities Directives). There is at present no real competition or wasteful policy overlap in this area.

2. The main activity in the EU on combating pollution at sea is the action programme on controlling and reducing marine pollution by discharges of hydrocarbons and hazardous and noxious substances. Also HELCOM, the Bonn and Lisbon Agreements, and the Barcelona Convention are active in this field. In general it can be concluded that these activities are well coordinated and beneficial to all.

Contamination with Radionuclides

2. There exists a global moratorium on sea dumping of radioactive wastes. In European seas dumping of such wastes is banned completely. Euratom provides for the possibility to adopt recommendations on the levels of radioactivity in water, air and soil. However, this provision has so far not been utilised for the marine environment. Under its Strategy with regard to Radioactive Substances, OSPAR is carrying out activities to identify, prioritise, monitor and control the emissions, discharges and losses of radioactive substances. HELCOM has started the monitoring of radioactive substances in 1985 as a continuation of the previous work coordinated by IAEA. The programme includes monitoring of inputs of artificial radioactive substances and their concentrations in water, biota and sediments. The European Commission is carrying out an update of the MARINA Project on the Radiological Exposure of the European Community from Radioactivity in North European Marine Waters. Results of this project are and will be used by the regional conventions. Overlap or duplication of efforts is not an issue in this area. Community and work of the regional marine conventions on radioactive substances appears to be complementary.

Health and Environment

2. The main pieces of EU legislation controlling microbiological pollution are the Bathing Water Directive and Urban Wastewater Directive. However, the main problems occur in the non-EU parts of the Mediterranean and in the Black Sea due to lack of adequate treatment facilities in these regions. Enhanced cooperation could benefit these regions. Overlap of activities is not an issue.

2. There is no overlap between the activities of the food safety framework of the Community and those of the regional marine conventions as these organisations are not involved in issues related to health and environment.

2. Two legal instruments, one at EU level, the other one at European level, could improve the protection of the marine environment at European level by obliging Member or Contracting States to provide for criminal sanctions to deter and prevent conduct which is harmful to it. However, neither of these instruments has entered into force; the first instrument has not yet been adopted by Council and the second one has not yet been ratified.

Maritime Transport

2. Shipping is a highly regulated field at international level. Community legislation regulating maritime transport and the safety and environmental aspects thereof is inevitably often related to legislation adopted at the global level. The Community's main role has been to identify weaknesses and gaps in the international regulations and their implementation and to adopt specific Community measures, where considered necessary. Therefore overlap of activities is not an issue. Where ships are considered products, the overall impact on the environment in terms of material consumption, emissions and waste generation in their construction, operation and disposal could be addressed in a more integrated way.

4. Review of the Present situation - The Knowledge Base

4.1. Do we have the Information Necessary to Protect and Conserve the Marine Environment-Gaps in Knowledge

2. An outline of our understanding of the quality status of the marine environment is given in Chapter 2. This section outlines a short summary of the main gaps in our knowledge. It has already been mentioned in Chapter 2 that even where there is information on the pressures on the marine environment, there is often no information on any actual impact resulting from these pressures. This summary takes account of current monitoring programmes and information presented in the assessment reports of the regional marine conventions.

2. Considering that the conservation and sustainable use of biodiversity should be based on an ecosystem-based approach the following four main gaps in knowledge can be identified:

(1) how is biodiversity affected by human induced changes and natural processes and what is the recovery potential and speed once the drivers of the impact have been reduced or eliminated;

(2) how does the change in species diversity and structure influence the functioning of marine and coastal ecosystem;

(3) what is the impact on the elements of marine biodiversity e.g. in terms of decline, losses and timescales;

(4) how should sustainability be defined in relation to biodiversity and how to monitor changes.

2. In relation to fisheries management there is a need for more reliable and accurate data to manage fish stocks better in marine waters. In addition information on the effects of fishing on non-target species such as benthic organisms, sharks, rays, turtles, seabirds and marine mammals and on benthic habitats, including deep-sea environments is incomplete. Furthermore information is lacking on the effect of changes in size and species structure as well disturbance in trophic levels.

2. Inventories of species and habitats in need of protection are available for some areas but lacking for other areas. There is also an urgent need to integrate mapping of elements of marine biodiversity.

2. Data concerning marine mammal populations are incomplete, in particular with regard to population abundance and trends and the impact of human activities.

2. Information is lacking to identify, monitor and assess the impact of the introduction of non-indigenous species.

2. For a large number of chemicals reliable data on the intrinsic properties as well as on concentrations in the marine environment is either lacking or not easily accessible. There are no routine monitoring programmes for a large number of the chemicals considered to be of possible concern to the marine environment. The spatial distribution of the available information for those that are covered in monitoring programmes is such that it does not appear to provide an overall picture of the chemical status of the marine environment. On the basis of available data, it has been difficult to establish reliable trends regarding chemical contamination. This is mainly due to the fact that time series are too short and/or that data were not comparable or not reliable.

2. Little information on the range and concentrations of anthropogenic chemicals released into the marine environment that may cause endocrine disruption in marine organisms is available. The way in which potential endocrine-disrupting chemicals affect organisms is not fully understood and more information is needed on endocrine-disrupting effects other than oestrogenic effects. Furthermore, an assessment of the long-term risks posed to marine ecosystems by hazardous substances is lacking.

2. HELCOM and the BONN Agreement collect since long information regarding illegal oil discharges from ships into the sea. Information for other areas is incomplete and not fully representative.

2. The understanding of the response of the marine ecosystem (for example, through the formation of harmful algal blooms, changing algal community structure and succession) to inputs of nutrients, especially the impact of changing nutrient ratios and the contribution of dissolved and particulate nitrogen and phosphorus is rather limited.

2. Information is lacking on natural variability in nutrients and ecosystem response, including the measurement and assessment of long-term trends. More research is also needed on the extent to which atmospheric deposition of NOx, including from seagoing ships, are contributing to marine eutrophication.

2. Information on the extent of pollution by radioactive substances as well as the effects of these substances in the marine environment, the extent of marine litter and its effects on marine species, the extent of contamination of fish and shellfish products is also incomplete

4.2. Programmes on Monitoring, Assessment, Reporting and Research

2. A review of current activities regarding monitoring, assessment, reporting / data management and research, is presented in Annex 3.

2. From this review, it is apparent that most of the organisations involved in the development of measures to protect the marine environment are also involved in monitoring and assessment activities. In addition, at the European level, the EEA and ICES are involved in assessment activities. Further afield on the global level, organisations such as IOC, GESAMP and UNEP produce or intend to produce regular assessments of the state of the marine environment. Focussing on the European level the following conclusions can be drawn.

Monitoring

2. When seen in a European context, the existing monitoring programmes of the regional marine conventions are not very coherent in terms of scope, content (issues covered) and detail (geographic and temporal density). However, some of the divergence can be attributed to differences in environmental conditions and differences in socio-economic and political situations in the countries bordering these seas. Activities carried out in the context of the implementation of the Water Framework Directive can give an impetus for a more coherent approach.

Assessment

2. A certain level of duplication of effort can be observed in reading the most recent assessment products of the EEA and of the regional marine conventions. This duplication might be reduced by synchronising the frequency and timing and streamlining the content of assessment products and by harmonising the way assessments are made. Where several assessments are based on the same raw data, procedures to make contributions to assessment products of other organisations are lacking and there are barriers to access to publicly funded monitoring data.

Reporting and Handling of Data and Information

2. There is a need to improve the situation with regard to reporting, handling and management of data and information. This could be usefully realised on a European level and be based upon a common policy on generation of, access to and use of the different types of data and information.

Research

2. Research has generated valuable insights into the state of the marine environment and its ecosystems but much more will be needed. As the results of publicly funded research are often not available nor fully exploited in operational work, there is scope for improving the communication between the research community and those engaged in operational activity both in establishing the research priorities and in applying results to operational monitoring and assessment in the regions.

5. Overall Conclusions regarding the Present Situation

2. As indicated in the previous sections, a large number of problems have yet to be fully addressed and major threats still persist notwithstanding the work of different bodies over the last three decades. Some significant improvements in the quality status of European seas have been realised and some of the trends towards worsening pollution have been halted and in some cases reversed.

2. The overview of existing monitoring and assessment programmes and the knowledge they have generated reveals a significant number of information gaps on the state of the marine environment and on the effectiveness of the existing measures. Consequently it is, in many cases, unclear whether and which additional protection measures should be considered as well as the administrative level at which they should be considered.

2. Most of the Community legislation that contributes to addressing the protection of the marine environment was not designed specifically for protection of the marine environment. The control measures of the regional marine conventions aimed at protecting the marine environment are, while in some cases legally binding, difficult to enforce. Consequently it is unclear whether the aggregate of these measures is sufficient to afford the desired level of protection and conservation.

2. Furthermore, the existing situation described in chapters 3 and 4 does or may lead to: differences in assessments about the need to control environmental threats, lack of coherence and uncertain adequacy in overall policies of the different organisations and in specific measures adopted under such policies, breaks in the chain of the policy cycle when one organisation transfers certain issues to another for follow-up action, disputes about matters of competence, lack of coherence in Member States positions in different fora and duplication of efforts and waste of resources.

2. Although the analysis outlined in chapters 2-4 focused more on the regional than on the global dimension, many of the overall conclusions would also apply at the global level. While there are various sectoral instruments at UN level in the framework of UNCLOS and UNEP, there is a need to improve the ratification and implementation of these and for a better co-ordination of the global programmes. There is similarly a need for a comprehensive assessment of the state of the marine environment which should be based on regional and sectoral inputs. In addition there is a need for reinforced capacity building, particularly in developing countries, both to develop the knowledge base and to implement management measures.

2. The global dimension also includes the external role of the Community. In substantive terms, the strategy will have implications for the Community's trade, development and external fisheries agreements. The Community should project its policy at a global level both in its participation in multilateral meetings of UN agencies and in its bilateral and multilateral agreements.

6. The Way Forward

2. Taken together, these conclusions would suggest that the Marine Strategy should set an ambitious, clear and coherent set of objectives with a view to promoting sustainable use of the seas and conserving marine ecosystems (cf. chapter 7). The activities to achieve these objectives (cf. chapter 8) should include the following elements:

* development of a coherent marine policy by moving towards an ecosystem-based approach building on the existing policies;

* improving implementation and enforcement of both existing and new legislation in an integrated way;

* mechanisms and actions aimed at facilitating the co-ordination of these measures and the co-ordination of the different organisations and other stakeholders;

* initiatives to improve knowledge, on past trends in and likely future scenarios for the quality status of European seas and the procedures and methodologies to assess this information;

* promotion of the use and improvement of the co-ordination between the different funding instruments towards the protection of the marine environment;

* application of these strategic elements both regionally and globally.

7. Objectives

Overall objective

The Marine Strategy should constitute a contribution to the Community Strategy for Sustainable Development. Therefore, and as indicated in the 6th EAP, it should promote the sustainable use of the seas and conservation of marine ecosystems, including sea beds, estuarine and coastal areas, paying special attention to sites holding a high biodiversity value.

2. This overarching objective should be made operational by setting specific (intermediate) sectoral or issue objectives which should include time-lines for their achievement. Achieving this will require an integrated approach to address all threats and a careful assessment of their negative impact on marine environment and an identification of emerging threats.

2. In endeavouring to achieve this, the regional diversity in the ecological characteristics of the different seas and their sub-regions, the actual quality status thereof, the pressures and threats acting on these seas, the political, social and economic situations in the different regions and existing international institutional arrangements should be recognised and taken into account.

2. Several specific objectives have already been agreed in EC policy from the Treaty and specific legislation as well as by regional marine conventions. These objectives which are in many cases of a political value or aspirational nature have been used as a basis in the following overall set of objectives. Implementation of these objectives should reflect the overall high level of ambition but recognise regional variation on the actual need and opportunities for remedial action.

Loss of Biodiversity and Destruction of Habitats

Objective 1

The European summit in Gothenburg in June 2001 concluded in the context of the debate on sustainable development that a political objective of the EU was to halt biodiversity decline by 2010. This is an extremely ambitious and challenging objective which will drive environmental policy over the next 8 years.

Objective 2

In the longer term, the objective is to ensure a sustainable use of biodiversity through the protection and conservation of natural habitats and of wild fauna and flora in the first instance in the European seas, inter alia, by restoring marine ecosystems and re-establishing certain trophic levels which have been affected by human activities and by preventing the human induced introduction of new non-indigenous species, genetically modified organisms and disease organisms.

Objective 3

In relation to the reform of the Common Fisheries Policy which is currently underway the environmentally relevant objectives have already been identified and included in the Commission's proposal on this reform, namely a change in fisheries management to reverse the decline in stocks and ensure sustainable fisheries and healthy ecosystem, both in EU and globally.

Hazardous Substances

Objective 4

The objective is to progressively reduce discharges, emissions and losses of substances hazardous to the marine environment with the ultimate aim to reach concentrations of such substances in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances.

Eutrophication

Objective 5

The objective with regard to eutrophication is to eliminate human induced eutrophication problems by 2010 by a progressive reduction of anthropogenic inputs of nutrient to areas in the marine environment where these inputs are likely, directly or indirectly, to cause such problems. Where no regional objectives on eutrophication have been set, regional specific action and timeframes for achieving this objective will be developed in collaboration with the regional marine conventions.

Radionuclides

Objective 6

The objective with regard to radionuclides is to prevent pollution from ionising radiation through progressive and substantial reductions of discharges, emissions and losses of radioactive substances, with the ultimate aim to reach concentrations in the marine environment near background values for naturally occurring radioactive substances and close to zero for artificial radioactive substances. This objective should be achieved by 2020.

Chronic Oil Pollution

Objective 7

The objective in this case is to ensure compliance with existing discharges limits of oil from ships and offshore installations by 2010 at the latest and to eliminate all discharges from these sources by 2020.

Litter

Objective 8

The objective is to eliminate marine litter arising from illegal disposal at sea by 2010.

Maritime Transport

Objective 9

The objective is to reduce the environmental impact of shipping by developing the concept of the "Clean Ship".

Health and Environment

Objective 10

The objective is to achieve a quality of the environment where levels of contaminants do not give rise to significant impacts on or risks to human health and wellbeing.

Climate Change

Objective 11

The objective is to implement Community commitments made in the Kyoto Protocol.

Enhancing Co-ordination and Co-operation

2. In addition to objectives concerning environmental threats and pressures set out above, the EU should actively pursue objectives to improve the tools, processes and institutional arrangements which are employed to protect the marine environment.

Objective 12

The objective is to realise more effective co-ordination and cooperation between the different institutions and regional and global conventions, commissions and agreements governing marine protection.

Objective 13

The objective is to pursue this strategy at global level, by building capacity, in particular in developing countries, to facilitate a better understanding of the state of the marine environment and to implement international Conventions and codes of practice.

Improving the Knowledge Base

Objective 14

The objective is to improve the knowledge base on which marine protection policy is based.

8. Action to Achieve the Objectives

2. As the above objectives are often of a political and aspirational nature rather than specific, measurable or time related, their realisation could involve a range of different measures. At this stage with the gaps in knowledge as indicated above, it is not feasible to indicate a complete or precise set of actions to reach the objectives. In addition, as some non Community bodies and various stakeholders have a role to play and dialogue is at an early stage, it would be premature to itemise all the actions even if the knowledge base were more complete. The actions to achieve these ambitions detailed hereunder should be seen as a proposition for further discussion. An overview of the time schedule of these actions is presented in Annex 5.

8.1. Policy Action

2. With greater focus on prevention and by applying the precautionary principle, Commission proposals for control measures will be based on improved knowledge on the state of the marine environment and the actual threats of particular human activities to it and an overview of the effectiveness of the implementation of existing measures. Scenarios reflecting planned or foreseen developments and their likely impacts should also be taken into account.

2. Where Treaty provisions on environmental protection allow Member States to introduce national control measures that go beyond the common Community level of protection, this implicitly provides opportunities for groups of Member States to do so in concert. The regional diversity of socio-economic and environmental conditions may warrant specific measures and different timeframes may be required to address certain environmental problems. However, such measures should be based on the principles of sustainable development and not jeopardise the effective functioning of the internal market.

2. The remit of the Community has certain geographic limits and some problems have their source beyond these. Therefore, the Commission will, in co-operation with the relevant non-Community bodies, ensure the most opportune locus of regulation. Where appropriate, this will take the form of agreements in the framework of other bodies.

2. While such agreements are generally difficult to enforce, they provide an opportunity to address regional specificity and aspirations and they have a role in influencing EC and national legislation. Where the Community is best placed to regulate, the Commission will ensure that concerns identified by these conventions, based on regional assessments are fully taken into account in developing Community policies.

2. The Commission will also put more emphasis on implementation and enforcement. In doing so, and in addition to essentially retrospective implementation reporting required under many pieces of legislation, the Commission will actively promote the Common Implementation Strategy for the Water Framework Directive as a model for a forward looking and co-ordinated implementation effort involving the relevant organisations and other stakeholders.

Conserving Biodiversity and Ensuring Habitat Protection

Action 1

The Commission will make proposals for developing an ecosystem-based approach, including ecosystem benchmarks and targets to ensure conservation and sustainable use of biodiversity. It will build on the concepts of favourable status of conservation and good ecological status as required by the Habitat and Water Framework Directives and various initiatives regarding the definition of ecological quality objectives.

Action 2

The Commission will pursue its efforts to fully implement the EU Habitat and Bird Directives in the marine environment including Exclusive Economic Zones. The Commission will develop by 2005, together with the regional marine conventions, a programme aimed at enhancing the protection of species and habitats in European waters. Consequently, the Commission will develop proposals to adapt the annexes to the Habitat Directive containing marine habitats and species to be protected under the Natura 2000 Network to scientific and technical progress.

2. Where this is likely to lead to designation of Special Areas of Conservation which would have implication for ongoing sectoral activities, the Commission will address the integration of nature protection measures and the various sectoral activities impacting on the marine environment including spatial planning and the application of strategic environment assessments.

Action 3

The Commission will, following its proposals in 2002, pursue its effort to adjust the fishing effort and capacity in line with long-term management plans to secure sustainable harvest of fish resources and propose measures to reduce discards, incidental by-catches and impact on habitats.

Action 4

The Commission will, in relation to the introduction on non-indigenous species:

* support the initiative to prepare in the IMO framework an international convention for the control and management of ships' ballast water and sediments;

* develop, in close collaboration with the regional marine conventions, in 2005-2006 regional ballast water management plans as far as such plans are foreseen under this agreement with a view to their early implementation once the agreement has entered into force;

* review in 2004-2005 if and to which extent a complementary initiative for controlling the introduction of new non-indigenous species by ships ballast water will be necessary;

* propose measures to limit escapes of farmed fish from aquaculture.

Hazardous Substances

Action 5

The Commission will actively pursue the implementation of the objectives set in the Water Framework Directive.

Action 6

It will also aim to integrate these objectives into Community policies regarding chemicals and pesticides and other relevant policies so as to achieve a progressive reduction of discharges, emissions and losses of these substances from all land and sea-based sources and sectors with the ultimate aim of halting these.

Action 7

In the context of its implementation of its strategy with regard to Dioxins, Furans and PCBs, the Commission will consider the development of an integrated pilot programme for monitoring of dioxins in the environment and in food in relation to human health in the Baltic area.

Action 8

The Commission will, in 2002, make proposals for the implementation of the IMO Convention on Harmful Antifoulants and will, in 2005, consider the need for possible further action.

Eutrophication

Action 9

To facilitate a more systematic approach towards combating marine eutrophication, the Commission will:

* pursue a more vigorous enforcement and implementation of the nitrates and urban wastewater directives;

* review latest information concerning the processes of eutrophication in the context of current legislation;

* in collaboration with the regional marine conventions establish a more comprehensive assessment in 2006 of the extent of marine eutrophication including a harmonised identification of areas where anthropogenic inputs of nutrients may or do lead to eutrophication problems;

* in the context of the strategy to reduce air pollution from seagoing ships, propose new, complementary instruments, including reduction of ship NOx emissions. It will initiate in 2002 activities to model depositions of NOx in the marine environment and if necessary, will make proposals for further reducing NOx emissions into the atmosphere.

Radionuclides

Action 10

By 2004, the Commission will review the relationship between the OSPAR Strategy with regard to Radioactive Substances and existing EC measures in particular with respect to the reduction of discharges arising from nuclear-fuel reprocessing plants. Based on the results of the updated MARINA project it will determine whether any Community action should be considered.

Chronic Oil Pollution

Action 11

By 2004, the Commission will explore ways to improve surveillance of illegal discharges of oil at sea and means to facilitate prosecution of offenders. In doing so, it will seek enhanced co-operation with the regional Bonn and Lisbon agreements, HELCOM and Barcelona.

Action 12

In addition, by 2004 the Commission will elaborate, in collaboration with all relevant organisations and other stakeholders, a strategy aimed at eliminating all discharges of oil from all sources. In this context, the Commission will review the different approaches regarding the use and financing of port reception facilities.

Litter

Action 13

Where the implementation of the previously mentioned directive is also relevant in reducing litter, the Commission will, in addition by 2004 and in collaboration will all relevant organisations prepare a report on the extent and sources of marine litter and consider possible remedial measures.

Maritime Transport

Action 14

The Commission will:

* in the future assisted by the European Maritime Safety Agency, continue to review the effectiveness of EU legislation in the maritime safety field with special emphasis being given on the recently adopted measures to prevent maritime pollution accidents;

* continue to actively promote initiatives aimed at minimising environmental harm caused by maritime transport and will support efforts to develop the concept of a Clean Ship.

Health and Environment

Action 15

The Commission will, in co-operation with Member States, assess by 2004 the results of the monitoring of the levels of contaminants in wild and farmed fish and shellfish and will make in 2006 proposals for maximum contaminant levels in the framework of food safety legislation.

Action 16

In 2002 the Commission will come forward with a proposal for a revision of the Directive on bathing water. This proposal will strengthen current levels of health protection.

Action 17

The Commission will also undertake to achieve a rapid entry into force of Annex IV of MARPOL 73/78 related to discharges of sewage from ships.

Climate Change

Action 18

The Commission will continue to pursue its implementation of the Kyoto protocol, in particular, the policy on emissions trading and the promotion and development of renewable energy sources including the environmentally sensitive sea-based sources.

8.2. Enhancing Co-ordination and Co-operation

Action 19

The Commission will:

* establish an interservice group to consider all issues related to marine protection and ensure effective co-ordination of the sectoral regulations;

* establish a workprogramme involving a sharing of work with Member States, regional organisations and other stakeholders to realise the objectives of the Marine Strategy;

* publish a report by June 2004 on the results of these initiatives together with recommendations for further action.

Action 20

Where the Commission, within the reform of the CFP, has proposed to establish Regional Advisory Councils with a broad membership including representatives from fisheries and aquaculture sectors, environmental and consumer interests, national and/or regional administrations, and scientists, it will seek to apply this model in other sectors.

Action 21

The Commission will promote the use of and improve the co-ordination between the different funding instruments towards the protection of the marine environment. At regional level, where there is already co-ordination of the selection, funding and implementation of projects, there may be a utility in further reinforcing this.

2. Co-ordination could be facilitated by a forum of discussion involving the Community and representatives of organisations and other stakeholders. It could possibly use the model of the Inter Regional Forum (IRF) [3]. Co-operation with other bodies could be based on various forms of co-operation agreements or contracts between different actors. It could also involve Community instruments such as resolutions, recommendations and framework legislation.

[3] The IRF is an informal framework for co-operation between regional marine conventions, the EEA and JRC.

2. Further detailed proposals for this collaboration will be prepared for discussion at a Conference with all organisations and other stakeholders which the Commission intends to organise in December 2002 in collaboration with the Danish Presidency.

Action 22

At global level, the Commission will:

* promote improved co-ordination between all bodies dealing with marine protection in the framework of UNCLOS and Agenda 21 chapter 17;

* ensure co-ordinated Community position in intergovernmental organisations to facilitate a broad pan European consensus and European influence;

* pursue on-going dialogue and international scientific and technological research cooperation with partner countries and regions interested in promoting the ecosystem-based approach to the marine environment;

* utilise the framework of various programmes of political co-operation and legal approximation with third countries and the various bilateral and multilateral trade, fisheries and development agreements to pursue the objectives of this strategy;

* strengthen at global, regional and sub-regional level, developing countries' capacities for better understanding and management of their marine resources and protection and conservation of their marine environment;

* seek Community membership in some vital organisations, such as the International Maritime Organisation.

8.3. Improving the Knowledge Base

2. At present, there are three main types of marine monitoring and assessment work: (i) the regional monitoring and assessment strategies and programmes; (ii) the Community's implementation strategy on the monitoring and assessment requirements under the EC Water Framework Directive, the food safety framework and other relevant directives; and (iii) the EEA work to develop on a pan-European level indicator based assessments.

Action 23

The Commission will, based on its Communication on the Precautionary Principle and the more recent Communication on (Sustainability) Impact Assessment and the knowledge based approach stipulated in the Sixth Environment Action Programme:

* initiate in 2002 the development of an ecosystem-based approach based on ecosystem indicators and benchmarks and promote the development of integrated advice to facilitate ecosystem based management;

* promote research in order to enhance the understanding of the link between the pressures on the marine environment and impacts of these;

* with a view to further enhancing the understanding of the relationships between pressures on and the resulting impact in the marine environment, take initiatives to improve the linkages between Community funded research activities and operational application of the fruits of this research;

* develop in 2002 proposals for a common approach on the type of the data and information to be collected, how this should be handled and the basis on which it would be assessed to monitor the performance against the benchmarks;

* initiate the development by 2004 of a common monitoring and assessment strategy to set a framework for regional and sectoral monitoring and assessment programmes;

* evaluate the provision of training and identify good practice, with a view to enhance governance;

* play an active role in a process recently started by UNEP aimed at establishing a regular process for assessing the state of the marine environment at a global scale.

2. The Commission envisages this action could result in the following products:

* comprehensive and integrated reports on the quality status of European Seas which should be prepared in a joint programme involving the Community and the other key stakeholders;

* topic assessments to, inter alia, inform fisheries management discussions on the effects of fisheries on the marine environment and facilitate better efforts to combat eutrophication;

* indicator based reports on the main trends and developments.

2. The Commission proposes to use as a starting point for the development of the first comprehensive assessment the relevant guidance documents, prepared in the context of the common implementation strategy for the Water Framework Directive, monitoring and assessment programmes of the regional conventions, the EEA and build upon the Inter-Regional Forum.

2. The development of the monitoring and assessment strategy should address, inter alia:

* a functional integration of monitoring and assessment activities and requirements of the Community, including the food safety and environment monitoring programmes, and those of the regional marine conventions and the roles of EEA and ICES. While monitoring and assessment should basically be performed regionally, there are questions on the methodology and process on how assessments are being prepared and reviewed;

* a streamlining of the content of assessments, synchronisation of assessment schedules and the harmonisation of assessment tools, of quality assurance, of data collection and handling, of reporting and data-management policies and procedures. A common information infrastructure comprising a common data policy, common standards and structures should be established with a view to removing the obstacles for accessing and using publicly funded data and for the assessments that are based on this data;

* mechanisms to link research priorities and results to operational monitoring and assessment in the regions, inter alia, by preparing syntheses of results of relevant funded research, making this available to those performing assessments on the state of the marine environments and by considering knowledge gaps in assessments in establishing new research priorities.

9. Conclusions

2. In developing the Marine Strategy, the Commission has taken an ambitious and pragmatic approach. Ambitious objectives have been set or proposed which should ensure sustainable and healthy seas and oceans and their ecosystems as well as a sustainable exploitation of their resources. Meeting these objectives requires an efficient development and effective implementation of a coherent set of measures founded on the application of an ecosystem based approach whereby each policy sector through impact assessment will contribute to sustainable development. This in turn requires a pragmatic co-operation and co-ordination of activities of all institutions and organisations, which are concerned with the protection and sustainable use of the marine environment.

2. The publication of this document marks the first step in the development of the Marine Strategy. With this as a starting point, the Marine Strategy will be developed in an open and collaborative process involving the Community institutions and relevant regional organisations and other stakeholders.

2. The Commission requests the Council and the European Parliament to endorse the approach it has set out in this Communication.

ANNEX 1 TO THE COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Towards a strategy to protect and conserve the marine environment

Overview of the Quality Status of European Seas

1. Introduction

The following is a summary of the environmental status/quality of the marine environment. The presentation is focussed primarily on Europe's regional seas. This summary is based extensively on the reports of the regional marine conventions [4], reports from the European Environment Agency as well as the information collected and reported in the context of the EU's own policy actions such as the common fisheries policy.

[4] These reports include; the Fourth Periodic Assessment of the Helsinki Commission (to be published in 2002), the "QSR2000" of the OSPAR Commission (published in 2000), which includes a contribution made by AMAP, the "State and Pressures of the Marine and Coastal Mediterranean Environment" of the EEA and UNEP/MAP (published in 1999), the "Black Sea Pollution Assessment" of the Black Sea Environmental Programme (published by the Black Sea Environmental Programme in 1998) and information taken from the website of the Black Sea Environmental Programme and "Europe's Environment: The Second Assessment", published by the EEA in 1998. Information regarding the impact of fisheries on the main commercial fish stocks was updated taking into account the Commission's Green Paper on the Review of the Common Fisheries Policy.

2. Biodiversity alterations (diversity, abundance and structure)

Changes in populations of commercially exploited fish species represent the most evident information the impact of fisheries on the marine environment.

Analysis of the main target species over the period 1994-98 indicates that the status of populations of cod, herring, wild salmon and eel fishery was unsustainable in the Baltic Sea. Whereas improvement has been achieved for wild salmon in the larger rivers there is still concern about the development in salmon in smaller rivers, herring and cod. The populations of the commercially important cod are declining due to overexploitation and environmental degradation. The Baltic sturgeon is presumed to have disappeared from Baltic waters.

Among the stocks of the commercially exploited fish species of the NE Atlantic, many are either exploited beyond their safe biological limit or are exploited within that limit to an extent that risks the limit being breached. In specific areas, fisheries for 40 out of 60 stocks of these species are believed to be unsustainable and an increasing number of stocks have fallen to critical low levels. Even for stocks that are still within safe biological limits, fishing has altered the size composition. Age compositions have also become truncated. In regions where commercial stocks decline, fishing pressure is often transferred to other stocks or to deep-sea populations where management is particularly difficult and to a large extent non-existing. The slow growth rates and low fecundity of many deep-sea fish makes them particularly vulnerable to overexploitation and several of the deep-sea populations show signs of overfishing. The declining trend in eel landings and recruitment has raised concern about the status of the European eel and the eel fisheries.

Although poor statistics make it difficult to follow marine populations of the Mediterranean and to assess stocks, there is evidence that the demersal stocks are being over-exploited. There is concern about the situation for larger pelagic species (such as tuna and swordfish) as large numbers of immature fish are being caught and there are signs that the stocks are overfished and declining.

A stable total of 168 different fish species have been found in the Black Sea. The introduction of two non-indigenous species has been recorded. Changes in ichthyofaunal composition of the Black Sea primarily involved the alterations in the number of individuals in specific populations. In the past three decades from the about 26 commercially exploited fish species some six species remained their commercial importance. Apart from overfishing, an invasion of Menmiopsis undermined the feeding resources of fish stocks. The fish productivity of the Sea of Azov suffered most. Most commercially exploited stocks such as sturgeons collapsed mainly due to illegal fishing. Fishing fleets of Bulgaria, Georgia, Romania, Ukraine and Russia collapsed partly due to the lack of fish and difficulties in overcoming the transition to a market economy. Much of the anchovy population moved to the Turkish coast, less impacted by eutrophication and Mnemiopsis, and the Turkish fleet expanded considerably to benefit from this fortuitous situation. Information suggests that this expanded fleet is already over-fishing.

Fisheries also have an impact on other parts of the marine ecosystem. Although there are gaps in knowledge, this is best documented for parts of the NE Atlantic. By-catch of undersized or unwanted commercial species, mortality of non-target species including benthic animals and marine mammals and high levels of discards are continuing problems in many areas. Discarding half the weight of the catch (as happens in fisheries for some stocks) results in many more fish (in terms of numbers) being discarded than actually landed. The discards can also alter the competitive relationships within communities by favouring scavenging species.

Harbour porpoises, dolphins and seals are the most common mammals entangled in fishing gear. Harbour porpoises are particularly vulnerable to bottom-set gillnets. Dolphins are vulnerable to drift nets and towed pelagic gears. There are strong indications that the mortality rates of harbour porpoises caught in fishing nets, which have been estimated for parts of the NE Atlantic and in the Baltic Sea are unsustainable. Increase in the population of grey seals in some parts of the Baltic Sea has created problems for fishermen mainly because seals are damaging fishing gears. Due to disturbance of their habitats, monk seals became almost extinct and are only seen very seldom. The two major factors are critical to the fate of the monk seal population - availability of adequate habitats for reproduction and sufficient food supply. At present there is a little scope for optimism that this situation might improve. Although all Black Sea countries imposed a ban on hunting of the Black Sea dolphin in 70s and 80s of last century, recent observations conducted in the northern part of the Black Sea reported a dramatic reduction in the population compared to the 60s.

Disturbance of the seabed by fishing gear can change the species and size composition of the benthos especially where the disturbance is repeated. For example, where bottom trawling has occurred in the North Sea over a long period of time, there has been a shift in benthic diversity and composition from larger, more long-lived benthic species to smaller, more opportunistic species. The damage caused to deepwater coral formations by past trawling activities is quite extensive.

High fishing pressure over long time has lead to fishing down the food chain and excessive impact on habitats which has resulted in less effective and possibly simplified food-webs. Possible consequences are less resilient and less stable ecosystem. In addition there is a risk that such ecosystem may have reduced capacity to adjust to changes driven by natural or human induced climatic processes. Moreover there is a growing concern that the genetic variability has been reduced. The extent of the seriousness is not fully understood, as our understanding of the marine biodiversity in relation to function, structure and genetics remains poor.

During the last few decades intensive forms of aquaculture have increased considerably in the NE Atlantic, in particular salmon farming. In some countries, aquaculture production has become comparable in economic value to that of the demersal and pelagic fishing. It is likely to expand in the future both in the volume and range of fish species cultivated.

Concerns exist over the potential impacts of aquaculture. The introduction and transfer of marine organisms create risks of transporting competitors, predators, parasites, pests and diseases, and can result in the introduction of non-indigenous species. A few non-indigenous species have been deliberately introduced to the maritime area, mainly for aquaculture purposes. Interbreeding from escaped cultured salmonids can affect the genetics of wild stocks.

Changes to benthic communities have been identified over areas surrounding established oil and gas production platforms. Impacts are largely caused by past disposals of cuttings contaminated with oil and chemicals in the immediate vicinity of some platforms. There is a consequent reduction in species diversity near platforms, with opportunistic species dominating the biomass. Biological changes have been detected up to 3 km from such installations. However, it should be noted that these impacts are not irreversible and that natural recovery does take place, albeit rather slowly in the deeper parts of the northern North Sea.

In the NE Atlantic, over 100 non-indigenous species have been recorded, mainly in the North Sea, the Celtic Sea, the Bay of Biscay and along the Iberian coast. The main vectors of such unintentional introductions are ships' ballast water and associated sediments, and fouling on ships' hulls, although aquaculture is also a significant vector.

Over the past twenty years, a growing number of non-indigenous species have been transported into the Baltic Sea from around the world. As ship traffic increases, more and more "stowaway species" arrive in the Baltic Sea from abroad. In some cases, alien species have been intentionally introduced. Due to its naturally low species diversity, the Baltic Sea is considered very vulnerable for introduction of non-indigenous species.

More than 50 non-indigenous species of algae, invertebrates and fish penetrate to the Black Sea during last century. Some of them (and in particular the comb jelly Mnemiopsis leidyi) are the main reason of collapse in the fisheries in the area since 1990. Mnemiopsis is the main consumer of zooplankton and of larvae of benthic invertebrates and fish resulting, inter alia, in a 30% decline of zoobenthos biomass in the Sea of Azov.

Impacts on biodiversity resulting from enhanced inputs of nutrients are described in section 6.

3. Habitat modifications and disturbance

Along the coasts of European seas habitats and associated ecological processes have been changed and, occasionally, destroyed by coastal protection, land reclamation, sand and gravel extraction, recreational activities and development of industries, ports and harbours. Many of these coastal areas are also densely populated and tourism has been growing steadily. Many of the habitats and locations are jeopardised by the sheer number of visitors they attract, increased traffic and growing demands for accommodation and improved services.

Several salmon populations have been brought to extinction due to loss of habitat. Some of the Baltic wild salmon populations still face extinction, partly due to physical obstructions in salmon rivers that hinder adult fish from reaching their spawning grounds and partly due to the impact of fisheries. Loss of habitats might in combination with other factors such as fishing be responsible for the observed decline in European eel.

The majority of offshore oil and gas installations are located in the North Sea. There is scope for considerable expansion in other regions, for example, the Arctic, the wider Atlantic and in Irish waters. Offshore exploration in these areas is at an early stage of development but it is anticipated that the sector will continue to expand there in future. Offshore oil and gas activities can cause impacts at all stages of exploration, development and operation. Discharges of oil and other chemicals are the main problems (see Section 5).

There are extensive searches in progress for new sites for coastal wind power stations, where human population would not be disturbed. Apart from the space required, the impact of this activity includes some visual and acoustic disturbance. The impact on the marine environment during the construction phase should be minimised.

4. Pollution (hazardous substances)

Inputs of hazardous substances to the marine environment arise from a number of industrial processes and commercial and domestic uses. Given their intrinsic properties of toxicity, persistence, and liability to bioaccumulate, there is clear evidence that a diverse range of natural and man-made substances have the potential to impair biological processes in aquatic organisms, for example through interference with their endocrine (hormonal) systems.

There is a significant correlation between shipping intensity and TBT (originating from antifouling treatments of ships) levels in biota/sediments and the occurrence of imposex (development of the sexual characteristics of the other sex) in gastropods. This suggests that vessels using TBT-based antifouling paints (i.e. those longer than 25 m) represent the main source of TBT for the marine environment.

PCBs emitted and deposited during the years of intensive production and use are still a diffuse source of pollution and contamination of the global environment, despite a ban on the production of, and the introduction of controls on the marketing and use of, PCBs in many countries. PCBs can disturb enzyme and endocrine systems in marine mammals as, for example, observed in harbour seals in the Wadden Sea. High levels have also been shown to affect the immune system of the polar bear. In the Baltic Sea, many female seals are unable to produce pups due to uterine occlusion related to PCBs and dioxins in the environment.

From mesocosm studies, there is evidence of a correlation between the occurrences of pre-stages of liver tumours in North Sea flatfish and of contaminants, particularly PAHs and possibly chlorinated hydrocarbons.

Various studies indicate that some organochlorine pesticides are detected in various marine species at low levels, which may give rise to concern. While levels are generally decreasing and restricted to local situations further work is needed on toxaphenes. Although the use of most organochlorine pesticides has been phased out for sometime, they are still detected in the marine environment, due to their extreme persistence, to illegal use or to use elsewhere. In addition, leakage from inadequate storage facilities of obsolete pesticides cannot be excluded as a source.

In the Baltic Sea, an emerging problem is that an increasing number of young grey seals are affected with chronic intestinal ulcers. While these are probably caused by contaminants disrupting the seals' immune system, the precise mechanism remains unknown.

In the Black Sea concentrations of DDT congeners in sediment are reported to be lower than those reported for the Baltic Sea. The ratio of DDT/DDE indicates that DDT is still used in spite of existing bans in most Black Sea countries. Elevated concentrations of lindane in samples near the Romanian shore indicate an intensive use of this pesticide in the Danube basin.

Other persistent organic substances identified are not yet included in any long-term monitoring programme. Their occurrence in the marine environment can either be predicted on the basis of information about their production and use, or has been demonstrated in various national studies or one-off surveys, either of actual concentrations in water or biota, or of biological effects on particular species. These substances include: brominated flame-retardants, chlorinated paraffins, synthetic musks, octyl- and nonylphenol ethoxylates (known endocrine disrupters) and dioxins.

Apart from the known effects of the above-mentioned substances, there is however relatively little information on actual incidences of effects of other substances.

5. Pollution (Oil)

Oil inputs from produced water from offshore installations in the NE Atlantic have increased progressively as oil fields have matured and the number of installations has increased, particularly in the North Sea. They now constitute the largest source of oil for the oil and gas sector. Oil discharged as part of the disposal of cuttings contaminated with oil-based drilling muds has ceased at the end of 1996. Leaching from old drill cuttings is a possible source of oil, but quantities released will be very small if the cuttings are not disturbed. Overall, inputs of oil from the offshore industry have reduced by over 60% in the period 1985 to 1997.

In spite of various restrictions aimed at preventing discharges of oil at sea, violations in all European seas are frequent and there are still many ships cleaning tanks or discharging bilge water with an oil content of more than 15 ppm at sea, resulting in the oiling of seabirds, shellfish, other organisms and the coastline. Pollution from such illegal activities remains at an unacceptably high level, so far without a clear downward trend. Only a small proportion of ships illegally discharging are actually detected and of these only a small proportion are eventually prosecuted.

The risks associated with accidental spills are addressed in section 10 below.

6. Pollution (metals)

The concentrations of most heavy metals measured in organisms inhabiting the Baltic Sea are either stable or even decreasing. An exception is cadmium, the concentration of which increased in fish living in the central Baltic Sea during the 1990s. The reason is unclear, however. The concentrations are higher in organisms living in the southern part of the Gulf of Bothnia and in the Baltic Proper.

Trends in levels of metal contamination in the NE Atlantic are generally decreasing. Effects are normally localised and occur most frequently in estuaries and in the coastal zone.

In the Mediterranean Sea, heavy metals are considered to come mainly from natural processes, while anthropogenic sources are deemed to have a limited and spatially restricted effect. The relative importance of the various sources is, however, difficult to estimate due to the limited data available. Total mercury values in Mediterranean species were generally higher than those found in the Atlantic, deemed to be the result of the region being in the Mediterranean -Himalayan mercuriferous belt.

In the early 1970s, very high mercury concentrations were observed in some coastal areas, in 'hot spots', near harbors and industrial areas. As a result of dramatic reductions, starting in the late 1970s, in mercury releases from chlor-alkali plants there have been quick recoveries (2-5 years for half-life of mercury) in biota and indications of slower (6-33 years) reductions of concentrations in sediments.

Contamination by trace metals does not appear to be a basin wide problem in the Black Sea. Slightly elevated levels of some metals are reported for areas influenced by the Danube and Dnister rivers. Elevated levels of lead are reported from the Bosphorus area.

7. Eutrophication

Eutrophication resulting from enhanced inputs of nutrients has caused marked changes in the species composition in the Baltic Sea. As a result the abundance and distribution of eelgrass and bladder wrack has been reduced. Dinoflagellates have increased the biomass of the phytoplankton in the central and western part of the Baltic Proper since the 1980s, whereas diatom biomass has decreased.

After a chain of unfortunate events, the stage was set in the Gulf of Finland (with probably the highest nutrient loading anywhere in the Baltic Sea) for the development of a record bloom of toxic blue-green algae in the warm and calm summer of 1997, which was the most extensive ever recorded. Since then, the process has reoccurred with increasing frequency.

In the NE Atlantic, eutrophication is mainly confined to coastal areas of the eastern part of the North Sea, the Wadden Sea, the German Bight, the Kattegat, and the eastern Skagerrak. More localised, specific estuaries and fjords are or may be showing signs of eutrophication.

Inputs of nutrients into the Mediterranean are significantly lower than the outflow through the Gibraltar Strait, making it one of the most nutrient-poor seas. However, eutrophication problems occur in semi-enclosed bays, many of which still receive large amounts of untreated sewage. The most endangered area is the northern and west coast of the Adriatic Sea, which receives the nutrient load of the River Po.

Eutrophication is regarded as the most significant cause of the Black Sea's environmental decline since the 1960s. During the 1970s and 1980s, the NW Shelf ecosystem catastrophically collapsed due to eutrophication. Changes in the structure of the ecosystem as a result of eutrophication can be seen throughout the whole Black Sea. Organisms, which are specialised in feeding on surplus organic matter, have appeared in large numbers all around the Black Sea coast. Such species are often regarded as "dead end" species as they do not serve as food for zooplankton and the rest of the food chain.

In the Baltic Sea, the 50 % reduction target with regard to nutrients was achieved by 1995 for phosphorus from point sources by almost all the Baltic Sea countries. Most countries did not reach the target for nitrogen from point sources. In general, the reductions were biggest both for point and non-point sources in the transition countries, due to fundamental changes in their political and economical systems in the early 1990s. In EU Member States, the observed decrease was usually smaller and was based on water protection measures implemented during the period. For some countries, like Denmark, Finland, Germany (western part) and Sweden substantial reductions from point sources took place already before the declaration was adopted in 1988. Contributions from agricultural sources usually showed smaller decreases than contributions from other sources. Overall, reductions in inputs of nitrogen were generally smaller than reductions in inputs of phosphorus. Reductions in fertilization have not yet resulted in reductions in soil phosphorus concentrations. There will therefore be a long time lag before any changes can be seen in the Baltic Sea.

The 50% reduction commitments by North Sea states were achieved for phosphorus, but reductions for nitrogen were estimated to be of the order of 25% between 1985 and 1995. Efforts to collect and treat urban and industrial wastewater have resulted in reductions in direct inputs of nitrogen of 30% and of phosphorus of 20% between 1990 and 1996. However, because of fluctuations in river flow over the same period, no consistent reductions in riverine or atmospheric inputs to the North Sea were detected. No reductions have been achieved in inputs from other diffuse sources such as the leaching of fertilisers and slurry from agricultural land. In coastal areas directly influenced by anthropogenic inputs, the reductions are reflected in reductions in nutrient levels. However, there are no clear trends in nutrient levels for the North Sea as a whole.

In the Black Sea region, about half the nutrients discharged to rivers are from agriculture, one quarter from industry and a similar proportion from domestic sources. The current loads of nutrients entering the Black Sea from the Danube has fallen in recent years due to the collapse of the economies of most lower Danubian and former Soviet countries (resulting, inter alia, in a reduced use of mineral and organic fertilisers), the measures taken to reduce nutrient discharge in the Danube countries, the implementation of a ban in polyphosphate detergents in some countries. Current phosphate levels appear to be roughly the same as in the 1960s but total nitrogen levels are still at least four times as high as those observed during that period. There is evidence of some recovery in Black Sea ecosystems but this remains limited.

8. Pollution (radionuclides)

The question of radioactive contamination, particularly that arising from the Cap de la Hague and Sellafield nuclear-fuel reprocessing plants, is a matter of public concern. This stems from the higher levels of radioactivity discharged in the past and from recent increases in the discharge of certain less radiologically significant radionuclides, particularly technetium-99. Low concentrations of some man-made radionuclides are found in seaweed, shellfish and wildlife far from their sources. Impacts of radionuclides on wildlife have not been assessed.

The levels of 90Sr and 137Cs are high in the Baltic Sea compared with other water bodies in the world. The calculated radiation doses from man-made radioisotopes are, however, below the limits of the EU Basic Safety Standards.

Pollution with radionuclides in the Black Sea is, in general, one order of magnitude higher than in Mediterranean but does not lead to risks to man. The major inputs of man-made radionuclides occur through the Dnieper and Danube rivers. The perceived risk and public concerns are related to potential increase of radionuclides inputs through the Dnieper river and to the safety of ageing reactors in the Black Sea basin.

The greatest threats in the future are accidents in the civilian and military nuclear sectors. Releases from disposal sites are considered to pose negligible radiological risk to man, although it is difficult to draw firm conclusions about environmental impacts.

9. Pollution (microbiological)

Microbiological pollution is principally the direct result of the discharge of untreated or partially treated sewage into the immediate coastal zone.

In 1995 the total amount of untreated municipal wastewater direct discharge to the Baltic Sea was nearly 500 million m3 /year or 15 % of the total amount of wastewater generated, making bathing at some of the beaches in the Baltic Sea dangerous for the health of bathers. However the installation of new urban wastewater treatment plants and the upgrading of existing plants, continuously improves the sanitary conditions in the coastal waters of the Baltic States.

In the NE Atlantic, there are still a number of beaches where the standards of the EC Bathing Water Directive are not met. Contamination of shellfish with E. coli has led to restrictions on marketing shellfish. The associated increased processing costs have caused concern within the shellfish industry.

Microbial pollution and its effects have been mitigated along the EU Mediterranean coast since the installation of urban wastewater treatment plants in most of the European urban areas. However, elsewhere in the region, the problem remains as before.

Results of measuring campaigns in the Black Sea area are rarely published but health authorities try to close beaches when bacteriological sewage pollution reaches dangerous levels. However, these warnings are often ignored. Accidental discharges of untreated waste waters to the Black Sea is common in the northern and eastern parts due to worn out canalisation system and waste treatment facilities. The level of sewage treatment of small municipalities and villages still is very low.

10. Pollution (litter)

Sources of marine litter (for 95% consisting of non-degradable plastics) are mainly related to waste generated by shipping (fishing and commercial) and tourist and recreational activities. Floating litter and sunken pieces have been found in large quantities in all regions of the North-East Atlantic. Information for other sea areas was not available but it could be assumed that the situation does not differ very much.

Impacts on marine life include the drowning of birds entangled in plastic sheeting, and the death of birds, turtles and cetaceans caused by ingested plastic objects. Litter has also been found to carry a variety of epiphytic organisms to sea areas that these organisms would not normally reach. As tourism, urban development and industrial pressure for development in the coastal zone increase, the problem of litter may also increase.

11. Risk associated with accidents

The greatest potential for damage from shipping disasters lies in the spilling of hazardous materials close to ecologically sensitive areas (e.g. spawning grounds, bird colonies, nature conservation areas), or centres of human activities (e.g. aquaculture sites, tourist centres). Oil spills from tanker accidents or spills involving other hazardous and noxious substances do have major economic and biological impacts, including effects on aquaculture and loss of wildlife. Clean-up efforts to protect tourist interests and temporary restrictions on fixed fisheries are often required, particularly in the short-term.

Offshore oil and gas activities are expanding into deeper waters and into environments seasonally covered by ice. The risk of accidental releases of oil, and the potential effects of such releases, will increase because of the depth of operations and the difficulties of taking remedial actions in cold environments.

12. Climate change

Potential consequences of climate change are far reaching. Changes may occur in ocean current strength and transport, water mass formation rates, sea level height, the strength and frequency of weather systems, and rainfall and run-off with downstream effects on ecosystems and fisheries. Predicted rises in sea level are of particular concern especially for the Dutch coastal zone, other low-lying areas and intertidal habitats of the NE Atlantic regi