Communication from the Commission to the Council and the European Parliament - Towards a strategy to protect and conserve the marine environment
Date: 2002-10-02
Institutions: European Commission
Subjects: aid programme, biodiversity, environmental monitoring, environmental policy, environmental protection, management of resources, marine ecosystem, marine environment, sustainable development

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.10.2002
COM(2002) 539 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE
EUROPEAN PARLIAMENT

Towards a strategy to protect and conserve the marine environment

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

The 6th Environment Action Programme (6th EAP) stipulates the development of a
1.
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.

3.
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.

The 6thEAP establishes a programme of Community action on the environment. It
4.
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.

5.
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

6.
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.

7.
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,

(cid:1)  to encourage the application by 2010 of the ecosystem approach to oceans;

(cid:1)  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;

(cid:1)  to implement the FAO plan for managing fishing capacity by 2005;

(cid:1)  to implement the FAO plan to prevent illegal fishing by 2004;

(cid:1)  to establish a regular UN process for assessing the state of the marine environment by

2004.

8.
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.

9.
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.

10.
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

3

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.

11. 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) 

(2) 

(3) 

(4) 

(5) 

(6) 

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

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);

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

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

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

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).

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2.

THE ENVIRONMENTAL QUALITY STATUS OF OUR SEAS AND OCEANS

12. 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  conventions1,  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.

13. 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.

14. Marine  biodiversity2  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:

(cid:1)  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;

(cid:1)  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;

(cid:1)  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;

(cid:1)  alterations  of  the  structure  and  function  of  marine  ecosystem  by  fishing  down  the

marine food chains.

1

2

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.
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.”

5

                                                
15. 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.

16.
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.

17. 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.

18. 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.

19. 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.

20. 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

6

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.

Progress has been  made  in  reducing  inputs  of  nutrients.  However,  in  most  cases
21.
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.

22. 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.

23.
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.

24. 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.

25. 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.

26. 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.

7

27. 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.

28.
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.

29. 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

30.
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

8

Threat/Pressure

Legislation, policy or programme

Hazardous Substances

Eutrophication

Chronic Oil Pollution

Radionuclides

Health and Environment

Maritime  Transport 
to
measures  most  directly  linked  to  the
protection of the marine environment)

(limited 

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

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

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

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

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)

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;

31. 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.

9

Threat/Pressure

International Conventions / Commissions / Organisations

General

Biodiversity Decline / Habitat
Destruction

Hazardous Substances

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

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)

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

Radionuclides

Health and Environment

Maritime Transport

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

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

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

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

32. 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.

10

33.
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

34. 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.

International conventions on fisheries (e.g. Atlantic salmon under NASCO) and on
35.
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

36. 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.

37. 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

38. 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

11

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

39. 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.

40. 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

41. 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

42. 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.

12

43. 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.

44. 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

45.
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.

REVIEW OF THE PRESENT SITUATION – THE KNOWLEDGE BASE

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

46. 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.

47. 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) 

(2) 

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;

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

4.

4.1.

13

(3) 

(4) 

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

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

In relation to fisheries management there is a need for more reliable and accurate
48.
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.

49.
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.

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

Information  is  lacking  to  identify,  monitor  and  assess  the  impact  of  the

51.
introduction of non-indigenous species.

52.
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.

53. 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.

54. 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.

55. 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.

14

56.
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.

57.
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

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

59.
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

60. 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

61. 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

62. 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.

15

Research

63. 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

64. 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.

65. 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.

66. 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.

Furthermore, the existing situation described in chapters 3 and 4 does or may lead
67.
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.

68. 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.

16

69. 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

70. 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:

(cid:1)  development  of  a  coherent  marine  policy  by  moving  towards  an  ecosystem-based

approach building on the existing policies;

(cid:1)  improving implementation and enforcement of both existing and new legislation in an

integrated way;

(cid:1)  mechanisms and actions aimed at facilitating the co-ordination of these measures and

the co-ordination of the different organisations and other stakeholders;

(cid:1)  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;

(cid:1)  promotion  of  the  use  and  improvement  of  the  co-ordination  between  the  different

funding instruments towards the protection of the marine environment;

(cid:1)  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.

71. 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.

17

72.
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.

Several specific objectives have already been agreed in EC policy from the Treaty
73.
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.

18

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.

19

Climate Change

Objective 11

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

Enhancing Co-ordination and Co-operation

74.
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

75. 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

76. With  greater  focus  on  prevention  and  by  applying  the  precautionary  principle,
Commission  proposals  for  control  measures  will  be  based  on  improved  knowledge  on

20

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.

77. 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.

78. 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.

79. 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.

80. 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

21

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.

81. 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:

(cid:1)  support  the  initiative  to  prepare  in  the  IMO  framework  an  international  convention

for the control and management of ships' ballast water and sediments;

(cid:1)  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;

(cid:1)  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;

(cid:1)  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.

22

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:

(cid:1)  pursue  a  more  vigorous  enforcement  and  implementation  of  the  nitrates  and  urban

wastewater directives;

(cid:1)  review latest information concerning the processes of eutrophication in the context of

current legislation;

(cid:1)  in  collaboration  with 

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;

the 

(cid:1)  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.

23

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:

(cid:1)  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;

(cid:1)  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.

24

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:

(cid:1)  establish an interservice group to consider all issues related to marine protection and

ensure effective co-ordination of the sectoral regulations;

(cid:1)  establish  a  workprogramme  involving  a  sharing  of  work  with  Member  States,
regional organisations and other stakeholders to realise the objectives of the Marine
Strategy;

(cid:1)  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.

25

82. 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.

83.
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:

(cid:1)  promote improved co-ordination between all bodies dealing with marine protection in

the framework of UNCLOS and Agenda 21 chapter 17;

(cid:1)  ensure  co-ordinated  Community  position  in  intergovernmental  organisations  to

facilitate a broad pan European consensus and European influence;

(cid:1)  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;

(cid:1)  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;

(cid:1)  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;

(cid:1)  seek  Community  membership  in  some  vital  organisations,  such  as  the  International

Maritime Organisation.

8.3.

Improving the Knowledge Base

84. 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.

3

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

26

                                                
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:

(cid:1)  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;

(cid:1)  promote  research  in  order  to  enhance  the  understanding  of  the  link  between  the

pressures on the marine environment and impacts of these;

(cid:1)  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;

(cid:1)  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;

(cid:1)  initiate the development by 2004 of a common monitoring and assessment strategy to
set a framework for regional and sectoral monitoring and assessment programmes;

(cid:1)  evaluate the provision of training and identify good practice, with a view to enhance

governance;

(cid:1)  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.

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

(cid:1)  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;

(cid:1)  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;

(cid:1)  indicator based reports on the main trends and developments.

86. 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.

27

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

(cid:1)  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;

(cid:1)  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;

(cid:1)  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

88.
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.

89. 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.

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

28

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 conventions4, 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.

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

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.

29

                                                
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

30

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.

31

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 
traffic  and  growing  demands  for
increased 
accommodation and improved services.

they  attract, 

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.

32

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

33

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

34

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

35

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.

36

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

37

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  region.  The  formation  of  North  Atlantic  Deep  Water  in  the  Arctic  Region
constitutes  one  of  the  deepest  branches  of  the  thermohaline  circulation  of  the  world's
oceans; any changes in the level of formation of this water in the Arctic may change the
thermohaline circulation and result in a colder climate in Europe.

The  predicted  increase  in  rainfall  and  fresh-water  run-off  may  change  the  water
exchange between the North Sea and the Baltic Sea and thus affect the whole ecosystem
of the Baltic Sea.

38

ANNEX 2
TO THE COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND
THE EUROPEAN PARLIAMENT

Towards a strategy to protect and conserve the marine environment

Description and Evaluation of Current Activities – Policy

1.

EU  POLICY  AND  LEGISLATION  RELEVANT  FOR  THE  PROTECTION  OF  MARINE
ENVIRONMENT

1.1.

Introduction

Apart  from  the  Community  legislation  in  preventing  marine  pollution  and  the
complementary  Community  action  programme  in  the  field  of  response  to  accidental
marine pollution at sea, there is no broad EU policy or specific legislation on protection
of  the  marine  environment.  However,  many  policies  and  pieces  of  legislation  on
sustainable development, environmental protection, internal market, maritime transport,
agriculture  and  fisheries  indirectly  contribute  to  the  protection  of  the  marine
environment. The legal bases for this legislation vary according to the human activity.

EC environment legislation is based on arts 174 – 176 of the Treaty and generally aims
at  defining  common  minimum  standards  beyond  which  Member  States  may  impose
stricter regimes provided these are not inconsistent with competition and internal market
rules. The relevant sectors are water, air, waste, chemicals, and nature protection.

The  Treaty  Revision  in  Nice  explicitly  refers  to  groups  of  Member  States  agreeing  to
common  measures  which  would  apply  to  that  group.  In  addition  there  is  Community
legislation  on  free  circulation  of  goods  and  services,  on  transport,  agriculture  and
fisheries management, which is relevant for the protection of the marine environment.

Some of this legislation explicitly refers to geographic limitations cf. water legislation.
In  contrast,  other  pieces  of  legislation  should  be  applied  wherever  activities  of  the
Member  State  in  the  EEZ  are  subject  to  Community  legislation.  These  include
provisions  for  marketing  and  use  of  substances,  Integrated  Pollution  Prevention  and
Control  and  Environmental  Impact  Assessment.  These  pieces  of  legislation  apply  to
wherever  the  sectoral  activity  takes  place  within  Community  waters.  Although  actual
controls may be effected onshore, Market based legislation per art 95 of the Treaty and
Fisheries Management per Art 32 and Transport Policy per article 70 to 80 have direct
effects on the sectoral activity offshore.

The  Environmental  Impact  Assessment  Directive  provides  for  the  assessment  of  the
environmental impact of projects likely to have a significant effect on the environment.
This  directive  applies  to  relevant  projects  within  the  territory  of  the  EU  and  thus
offshore  oil  and  gas  installations  and  windmills.  In  the  Framework  of  the  Strategy  for
Sustainable  Development,  the  Commission  has  published  a  Communication  on
(Sustainability) Impact Assessment.

39

The Commission Proposal for a Directive on the Protection of the Environment through
Criminal  Law  aims  at  establishing  a  minimum  standard  on  constituent  elements  of
criminal  offences  in  breach  of  Community  law  protecting  the  environment.  This
proposal  requires  Member  States  to  provide  for  criminal  penalties  against  the  most
serious breaches of Community law protecting the environment.

1.2.

Coastal Zones

The  Commission  adopted  a  cross  sectoral  strategy  on  integrated  coastal  zone
management  (ICZM)  to  improve  the  effectiveness  of  existing  legislation  and  financial
and planning tools in the coastal zone and the management of the diverse pressures on
the  coastal  zone  and  its  resources.  Since  many  of  the  problems  of  the  marine
environment  are  most  pronounced  in  the  coastal  zone,  the  importance  of  policy  co-
ordination, availability of information and the involvement of stakeholders in particular
at local, regional and national levels, is stressed.

A  European  Parliament  and  Council  Recommendation  regarding  Coastal  Zone
Management was adopted in 2002. This recommendation encourages Member States to
develop, on the basis of a national stocktaking of all relevant issues, national strategies
under which the roles of the different national administrative actors should be identified
and which should include mechanisms for their coordination.

At  the  international  level,  the  Recommendation  encourages  Member  States  and  non-
Member  States  in  the  same  regional  sea  to  enter  into  or  maintain  a  dialogue  with
neighboring countries for better coordination of responses to cross-border issues.

1.3.

Nature Protection

The  main  Community  instruments  on  nature  protection  are  the  Birds  and  Habitats
Directives.  Under  the  former,  protection  of  birds  includes,  inter  alia,  the  creation  of
special  protection  areas.  The  latter  provides  for  the  protection  of  species  and  the
establishment of a European ecological network of special areas of conservation, known
as  "Natura  2000".  The  Commission  is  of  the  opinion  that  both  directives  are  to  be
applied  in  the  Economic  Exclusive  Zone.  The  Fisheries  Council  has  endorsed  this
interpretation.

The  Natura  2000  network  aims  at  the  protection  of  habitats  and  habitats  of  species  as
listed in the directive, including those areas protected under the Birds directive. There is
a chapter of "marine habitats" in the annexes of the directive and some marine species
are  also  listed.  Nevertheless,  the  Commission  accepts  that  the  classification  system
underlying  these  annexes  as  well  as  the  list  of  habitats  to  be  protected  should  be
substantially  revised  after  the  network  is  implemented.  Most  of  the  areas  containing
these  habitats  or  species  already  proposed  by  Member  States  are  located  within
territorial waters.

Some problems have been already noticed when dealing with the management of marine
protected areas. They mainly concern the competence to adopt measures in these  areas
on  the  grounds  of  nature  conservation  needs  and  which  are  aimed  at  regulating,  inter
alia, activities like fishing, transport or dredging. Commission services are considering

40

how to integrate these different policies, and the outcomes of some  research and  LIFE
projects will undoubtedly contribute to that.

1.4.

Fisheries management and Agriculture

The  Common  Fisheries  Policy  (CFP)  based  on  art  32  has  a  direct  impact  on  marine
ecosystems  in  that  it  manages  the  abstraction  of  significant  quantities  of  wild  species
from  the  marine  environment.  The  CFP  operates  on  the  basis  of  a  basic  regulation,
which  provides  for  appraisal  of  the  state  of  the  commercially  relevant  stocks  and  the
setting  of  total  allowable  catches  on  an  annual  basis.  In  addition  CFP  provides  for
technical  measures  on  net  mesh  sizes,  selection  of  gear  and  closed  areas  and  closed
seasons to reduce mortality of spawning fish, juveniles and non-target species.

This  policy  is  presently  under  review  following  publication  of  various  papers  on  the
reform of the CFP, integration of environmental concerns into fisheries management and
biodiversity  action  plans.  Collectively  these  call  for,  inter  alia,  improvement  in  the
conservation  and  protection  of  marine  ecosystems  by  application  of  a  an  ecosystem
approach  and  governance,  conservation  and  sustainable  use  of  stocks,  reduction  of
fishing  effort  and  capacity,  reducing  the  impact  of  aquaculture,  promoting  sustainable
fisheries beyond Community waters.

In  contrast  to  most  environment  and  transport  legislation,  fisheries  management  is  an
exclusive  competence  of  the  Community  and  Member  States  are  not  at  liberty  to
establish national regimes or to enter international agreements. More stringent national
regimes can be established but could only be applicable to their own fishermen.

The Common Agriculture Policy (CAP) also based on art 32 is relevant to the extent that
the  Rural  Development  Regulation1257/99  provides  for  support  for  environmental
commitments  which  go  beyond  the  respect  of  good  farming  practice.  These  aim,  inter
alia,  to  reduce  inputs  of,  inter  alia,  nutrient  fertilisers  and  plant  protection  products,
which are also addressed in specific chemicals and water legislation. They also provide
support  for  farming  in  less  favoured  areas  provided  that  good  farming  practice  is
followed, which includes in any case the respect of environmental legislation.

Furthermore in relation to agricultural sectors eligible to direct support, Member States
are required to take appropriate measures where there is failure to respect environmental
requirements.  These  measures  may  include  a  reduction  or  the  cancellation  of  the
support. Within sectoral support there are also possibilities to extensify production, most
notably  in  beef.  As  there  is  little  or  no  CAP  support  regarding  non-land  intensive
agricultural  sectors  (pigs  and  poultry),  there  is  thus  more  reliance  on  environmental
legislation itself to regulate nitrate pollution.

1.5.

Prevention of pollution from maritime transport

Community  legislation  regulating maritime  transport  and  the  safety  and  environmental
aspects  thereof  is based on  four  principles  in  relation  to  international  legislation.  With
reference  to  the  International  Maritime  Organisation  (IMO),  Community  legislation
may:

41

(cid:1)  ensure  harmonised  implementation  and  enforcement  of  IMO  legislation  across  the

EU, for instance on port state control;

(cid:1)  strengthen international legislation at Community level, for instance as regards waste

reception facilities in ports;

(cid:1)  fill policy gaps in IMO legislation, for instance in relation to domestic trade;

(cid:1)  speed  up  the  implementation  of  international  legislation,  for  instance  in  relation  to

double-hull oil tankers.

Given  the  global  nature  of  shipping,  it  is  considered  that  legislation  at  a  global  level,
generally is the preferable choice. However, should the international level falls short of
meeting,  the  expectations  on  maritime  safety  and  environmental  protection,  specific
Community legislation will be considered.

The main Community instruments of relevance to marine protection and which apply to
ships  using  Community  ports  are  the  Directives  on  requirements  for  vessels  carrying
dangerous goods, on port state control and on port reception facilities aimed at reducing
discharges of ships' waste at sea and the Regulation on the phasing out of single-hull oil
tankers.

Apart  from  these,  other  maritime  safety  legislation  aiming  at  improving  safety  in
general,  are  also  of  importance.  Following  the  sinking  of  the  oil-tanker  Erika  in
December  1999,  the  Commission  has  made  a  series  of  proposals  for  improved
monitoring of classification societies, a shipping information and monitoring system that
would strengthen and replace the requirements for vessels carrying dangerous goods, an
additional  compensation  scheme  for  victims  of  oil-spills  and  a  European  Maritime
Safety  and  Pollution  Prevention  Agency.  The  Agency  will  have  an  important  role  for
monitoring  safety-related  aspects  of  maritime  transport  in  European  waters,  such  as
accidents that may cause pollution of the marine and coastal environments.

In  addition,  Community  legislation  for  a  harmonised  implementation  of  the  IMO
Convention on harmful anti-fouling systems on ships (adopted in October 2001) is under
preparation.

1.6.

Response to accidental and deliberate marine pollution

The  action  programme  on  controlling  and  reducing  marine  pollution  by  hydrocarbon
discharges agreed in 1978 was later extended to cover hazardous and noxious substances
(HNS).  This  comprises  various  training  programmes  and  a  Community  information
system  and  later  (when  necessary)  the  mobilisation  of  experts  to  assist  in  response
activities.  More  recently  (in  2000),  a  Community  framework  was  set  up  to  support
Member States efforts in responding to accidental and also deliberate marine pollution.
One of the main elements of this is a contingency (response) plan with a 24-hour alert
system,  formation  of  task  forces,  the  rapid  acquisition  of  satellite  images  and  co-
ordination of observers.

42

Furthermore,  in  2002  a  Community  mechanism  to  facilitate  reinforced  co-operation  in
civil protection assistance interventions, including accidental marine pollution, has been
established.

1.7.

Water Protection

The recently adopted Water Framework Directive introduced a regime for management
of river  basins  and  contiguous  coastal  areas  based  on  their  drainage  basins  rather  than
administrative  barriers.  It  introduces  the  principle  of  the  combined  approach  whereby
emission controls and quality objectives are both applied. The objective of the directive
is the attainment or preservation of good ecological and good chemical status.

This  directive  provides  for  the  various  monitoring,  assessments  and  reporting
requirements,  which  also  apply  in  the  coastal  zone.  An  analysis  of  the  pressures  of
human activities to the coasts and marine waters and their impacts will provide the basis
for  a  programme  of  measures.  Priority  substances  will  be  subject  to  control  at
Community  level  while  management  plans  to  restore  or  maintain  good  status  will  be
based  on  measures  at  drainage  basin  level.  This  directive  replaces  some  earlier
legislation  dealing  with  different  types  of  water,  but  pre-existing  legislation  on  nitrate
pollution  from  agriculture,  urban  wastewater  treatment,  bathing  water,  integrated
pollution  prevention  and  control  (IPPC)  will  be  retained  to  address  specific  threats  to
water quality.

Member  States,  Norway  and  the  Commission  have  agreed  informally  on  a  Common
Implementation Strategy for the directive.

1.8.

Air

Emissions of atmospheric pollutants affect water quality through deposition. The recent
Directive  on  national  emission  ceilings  for  certain  atmospheric  pollutants  introduced  a
new approach to improve air quality in setting upper limits on a country basis on SO2,
NOx  and  NH3  emissions.  These  aim  to  reduce  acidification  and  eutrophication.
Directives on Large Combustion Plant, Waste Incineration and the previously mentioned
IPPC  address  the  point  source  approach.  The  Commission  is  presently  preparing  a
strategy  to  address  emissions  from  maritime  transport  as  ship  SO2  emissions  are  high
and  cause  acidification  while  NOx  emissions  may  be  a  significant  factor  in  marine
eutrophication. The overall policy framework is being developed through the Clean Air
for Europe (CAFE) thematic strategy which is due to be finalised by 2005. In contrast to
some  water  legislation,  which  has  a  geographic  delimitation,  these  directives  apply  to
sources be they on- or offshore.

1.9.

Hazardous Substances

Community  Chemicals  legislation  is  based  on  Article  95  and  aims  at  a  high  level  of
protection of health, safety and the environment and consumer as well as the integrity of
the internal market. This policy is presently under review. The objectives for the future
are to have a single coherent and transparent system with the overall aim of sustainable
development.  This  will  be  realised  through  shifting  responsibility  to  industry  for  the
generation  of  data  and  assessment  of  risks,  addressing  the  gap  in  knowledge  on  the

43

properties and uses of substances and extending this responsibility along the distribution
chain to downstream producers and users and importers.

Presently  various  pieces  of  legislation  (based  on  the  Directive  67/548  and  76/769),
classification  and  labelling,  provide  for  assessment  and  control  of  new  and  existing
chemicals.  Whereas  these  presently  provide  for  different  approaches  to  use  of  risk
assessment, this is under review in the  reform of the chemicals policy which aims at a
common approach. Once Community control measures have been established, Member
States must justify any  further stricter  rules  at national  level by demonstrating specific
need and may not negotiate international agreements on restrictions.

Separate  instruments  for  biocides  and  plant  protection  products  include  provisions  for
positive  listing  at  Community  level  of  which  substances  may  be  used,  product
authorisation is addressed at national level. In addition, there is also indirect regulation
of  chemicals  through  the  previously  mentioned  Water  Framework  Directive  and
specifically  its  work  on  hazardous  substances,  Waste  Legislation  and  IPPC  as  well  as
legislation  on  occupational  safety,  major  accident  hazards,  consumer  protection,  food
packaging,  cosmetics  and  toys  and  the  recently  published  strategy  for  dioxins,  furans
and PCB's.

1.10.

Radioactive Substances

The  Euratom  Treaty  provides  a  series  of  basic  safety  standards  for  the  protection  of
workers  and  the  general  public  from  the  effects  of  ionising  radiation.  While  Euratom
also provides for recommendations on the levels of radioactivity in water, air and  soil,
this  provision  has  so  far  not  been  utilised  for  the  marine  environment.  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.  This  project  addresses,  inter  alia,  (i)  discharge  data  from  various  sources  and
trends in α, β, γ emitters and tritium, (ii) Cs-137 concentrations in the periods 1976-1980
and  1986-1990,  (iii)  modelling  trends  in  Cs-137  and  Pu-239  concentrations,  and  (iv)
radiological impact on mussels in the vicinity of discharges from a phosphate fertiliser
plant and nuclear fuel reprocessing plants.

1.11. Waste Management and Resource Policy

The Community waste management strategy is based on the principles of prevention, re-
use  and  recovery,  optimisation  of  disposal  and  regulation  of  transport.  The  basic
requirements  are  laid  down  in  the  Waste  Framework  Directive,  which  applies  in  the
EEZs  and  which  specifies  that  disposal  or  recovery  should  not  endanger  man  or  the
environment. Further rules on ship generated waste and cargo residues are provided for
in the directive on port reception facilities.

The offshore production of waste, the run off and land based discharges are addressed by
the  hazardous  waste  directive  and  the  waste  framework  directive  and  specific
instruments  on  waste  oils,  PCBs,  batteries,  sewage  sludge,  titanium  dioxide  and,
recently,  on  waste  electric  and  electronic  equipment.  The  Commission's  integrated

44

product policy aims at a reduction of the impact of products across the whole life cycle.
This covers all products, which impact on the marine environment.

1.12.

Funding Mechanisms

Where reference is made in the following section to funding by International Financing
Institutions  of  projects  on  remediation  in  the  Baltic,  Black  and  Mediterranean  sea,  the
Community  contribution  to  this  comprises  the  various  programmes  on  ISPA  and
PHARE  regarding  accession  States,  TACIS,  the  Northern  Dimension  and  EUROMED
regarding  third  countries  in  the  former  USSR  and  Mediterranean.  To  the  extent  LIFE
projects address the marine  environment, the regional  structural  and  cohesion  funds  in
the Community are relevant.

2.

POLICY  AND  LEGISLATION  OF  OTHER  BODIES  ON  PROTECTION  OF  MARINE
ENVIRONMENT

2.1.

Introduction

The other bodies comprise regional marine conventions and regional instruments whose
scope is protection of specific regional seas or sea areas in Europe, regional conventions
whose objective is regional fisheries management as well as international bodies whose
activities cover the law of the sea, maritime transport, water protection.

In  most  of  these  bodies  where  the  Community  is  participating  either  as  a  contracting
party or observer, the Presidency and Commission co-ordinate the views of the Member
States  to  assure  a  common  EU  position  consistent  with  Community  legislation
regardless of whether the Community itself is a member of the body or of whether the
substance is of exclusive or mixed competence. The enunciation of that position depends
on the nature of the competence.

2.2.

United Nations Convention of the Law of the Sea

The United Nations Convention of the Law of the Sea (UNCLOS) can be considered the
overarching  instrument  on  the  marine  environment.  In  addition  to  delimiting  national
jurisdictions and establishing rights of navigation and the legal regime for the high seas,
it provides the legal basis for the protection and sustainable development and addresses
environmental  control,  scientific  research,  economic  activities  and  settlement  of
disputes. States have the sovereign right to exploit their natural resources in accordance
with  a  duty  to  protect  and  preserve  the  marine  environment.  UNCLOS  introduced  the
concept of Exclusive Economic Zones and defined the limits of territorial seas and rights
of  passage,  the  freedom  of  navigation,  fishing  and  laying  of  submarine  pipelines  and
cables in the high seas, which are those outside territorial waters.

The  UNCLOS  provisions  are  reflected  and  reinforced  by  several  other  instruments
including  Agreement  on  the  Conservation  and  Management  of  Straddling  Stocks  and
Highly  Migratory  Fish  Stocks  which  is  aimed  at  the  long  term  sustainability  of  these
stocks based on the best scientific knowledge available and the precautionary approach.

45

To further develop the implementation process of UNCLOS and the regulation of ocean
affairs per chapter 17 of Agenda 21, the UN General Assembly established an informal
consultative  process.  This  will  report  to  the  General  Assembly  and  Rio  +  10  on,  inter
alia,  reinforced  co-ordination  of  the  various  intergovernmental  bodies  and  agencies
addressing oceans.

On  the  environment  side,  UNEP  has  established  a  global  programme  of  action  (GPA)
which  addresses  the  reduction  of  impact  on  the  marine  environment  of  land  based
activities.  It  acts  as  a  source  of  conceptual  and  practical  guidance  on  e.g.  wastewater
treatment  and  provides  a  clearinghouse  on  activities  and  expertise.  Other  UNEP
activities include the Global Inter national Waters Assessment which aims to produce a
comprehensive  and  global  assessment  of  the  ecological  status  of  66  water  areas
including marine and coastal waters.

2.3.

Regional marine conventions

At regional level, the Community is a contracting party to the (OSPAR) Convention for
the  protection  of  the  marine  environment  of  the  North-East  Atlantic,  the  (Helsinki)
Convention  on  the  Protection  of  the  marine  Environment  of  the  Baltic  Sea  Area
(HELCOM) and the (Barcelona) Convention for the Protection of the Mediterranean sea
against pollution.

All  of  these  Conventions  have  a  common  aim  to  protect  the  marine  environment  and
preventing and eliminating pollution. They were agreed in the 1970's and given renewed
political impetus through revision in the 1990's. While their initiation coincided with the
first  EC  action  on  the  Environment,  which  did  not  address  the  marine,  they  currently
complement  and  overlap  to  an  extent  with  Community  legislation.  Nevertheless,  they
provide  a  mechanism  for  dealing  with  regional  differences  and  for  co-operation  with
non-EU Member States.

OSPAR  whose  contracting  parties  include  12  EU  Member  States,  2  EEA  states,
Switzerland and the Community has as its overall aim the prevention and elimination of
marine  pollution  and  the  protection  of  the  marine  environment  against  the  adverse
effects of human activities (although it acknowledges that fisheries management should
be dealt with under other arrangements). It has developed thematic strategies to address
hazardous  substances,  radioactive  substances,  eutrophication,  biodiversity  and  the
offshore oil and gas industry as well as programme of monitoring and assessment. These
strategies are of a political  nature  and serve to  elaborate  the  corresponding  annexes  of
the Convention.

While  some  of  its  programmes  and  measures  are  of  an  essentially  political  and
influencing  nature,  several  binding  decisions  have  been  taken  regulating  industrial
emissions.  While  there  the  strategies  are  broadly  comparable  and  consistent  with  EC
legislation,  there  is  a  degree  of  duplication  of  effort  given  that  these  issues  are  also
addressed in the EU. The large overlap in membership means that the OSPAR relation to
the  Community  needs  careful  co-ordination,  the  relation  is  likely  to  evolve  with  EU
enlargement, when it is likely that OSPAR will comprise less than half of the Member
States.

46

In  some  cases,  the  different  voting  rules  and  representation  have  lead  to  different  and
inconsistent  outcomes  on  the  same  issues  between  the  Community  and  OSPAR
notwithstanding the large overlap in membership. However, more recently, OSPAR has
usefully brought its concerns on the impact of fisheries and hazardous substances to the
attention of the EC where the latter is better placed to act.

The  Helsinki  Convention's  Contracting  Parties  comprise  4  EU  Member  States,  4
Candidate  Countries,  the  Russian  Federation  and  the  Community.  In  terms  of
membership,  EU  enlargement  will  lead  to  a  situation  where  with  one  exception,  the
Contracting Parties are EU Member States.

Its scope of activities include measures against harmful substances, the implementation
of best environmental practice  and best available technology  to address pollution from
land  based  sources,  prevention  of  pollution  by  shipping  and  offshore  activities  and
response  to  pollution  incidents,  nature  conservation  and  coastal  zone  management  as
well  as  a  monitoring  and  assessment  programmes  to  assess  the  state  of  the  Baltic  sea.
Through 
the  Joint
its  Programme  Implementation  Task  Force  (PITF)  under 
Comprehensive  Environmental  Action  Programme  (JCP)  HELCOM  also  co-ordinates,
in close co-operation with International Funding Instruments, investments and financial
assistance directed towards reducing the pollution from hot spots in the Baltic Sea area.
Its rule making is based on unanimously accepted recommendations.

Some  of  the  HELCOM  recommendations  on  hazardous  substances,  wastewater
treatment  and  nutrients  are  not  strictly  equivalent  to  measures  in  the  EU.  The
inconsistencies  should  disappear  when  HELCOM  has  completed  a  current  exercise  of
harmonising its Recommendations with EU legislation and OSPAR measures.

The Barcelona Convention involves  only  4 EU  Member  States,  4  Candidate  Countries
and  the  Community  among  its  21  contracting  parties.  It  is  a  UNEP  Convention  in  the
context  of  its  regional  seas  programme.  It  also  differs  from  OSPAR  and  HELCOM  in
that the non-EU contracting parties are and will remain the majority.

Its  contracting  parties  work  to  implement  the  Convention  through  the  Mediterranean
Action Plan (MAP), taking account of the advice of the Mediterranean Commission for
Sustainable  Development  (MCSD),  an  advisory  body  through  regional  activity  centres
(RACs)  each  of  which  have  a  thematic  focus.  These  include  environment  and
development,  integrated  coastal  area  management,  special  protected  areas,  remote
sensing, cleaner production and emergency response.

The decision making process involves adoption both of protocols to the Convention and
recommendations.  The  protocols  cover  dumping,  accidents  (emergencies),  land-based
sources, specially protected areas, hazardous waste and offshore activities.

In  the  Mediterranean,  the  strategic  action  programme  provides  targets  for  the
implementation  of  the  land  based  sources  protocol  over  25  years.  Similar  action  plans
have  been  adopted  to  address  the  monk  seal,  cetaceans,  marine  turtles,  and  marine
vegetation.  The  practical  implementation  is  facilitated  by  the  engagement  of  the
International Financial Institutions and the EUROMED programme of the EU.

47

In contrast to OSPAR, HELCOM through its link to the Baltic Agenda 21 process and
Barcelona 
the  Mediterranean  Commission  for  Sustainable
Development have a scope that addresses the sustainable development of the region.

through 

link 

its 

to 

The  6  Black  Sea  countries,  Bulgaria,  Georgia,  Romania,  Russian  Federation,  Turkey,
and  Ukraine  have  adopted  the  (Bucharest)  Convention  on  the  Protection  of  the  Black
Sea against Pollution. The focus is on land based and vessel based sources of pollution,
emergency and dumping on which it has agreed protocols. A Strategy on Conservation
of Biological and Landscape Diversity is being prepared for adoption by the Ministers of
Environment  of  the  Black  Sea  states  in  2002.  The  Contracting  Parties  implement  the
Convention through its Black Sea Strategic Action Plan (1996) the timetable for which
will be revised in 2002. This implementation is to the great extent conditioned by active
international support through regional  programs and  projects.  A Regional Contingency
Plan on Combating the Black Sea Pollution by oil is being negotiated.

The European Community is not a contracting party as no current EU Member State is a
contracting  party  but  since  2001,  the  Community  has  an  official  observer  status  and
participates actively at all meetings and activities. Although not a contracting party, the
EU  is  involved  in  support  for  the  secretariat  of  the  Convention  and  has  recently  been
instrumental  in  establishing  a  task  force  to  facilitate  implementation  of  projects  in  the
Danube  river  /  Black  sea  basin  (DABLAS).  Upon  the  accession  to  the  EU  of  two
contracting  parties,  Romania  and  Bulgaria,  the  Community  itself  should  become  a
contracting  party.  Independent of  the state of play on enlargement,  the strategy  should
not ignore the state of the Black Sea in its monitoring and assessment of European seas.

In  its  recent  Communication  on  co-operation  in  the  Danube  -  Black  Sea  region,  the
Commission  invited  Council  and  Parliament  to  consider  a  concerted  EU  initiative  to
facilitate  the  environment  remediation  and  sustainable  development  in  the  Danube  -
Black Sea region. Governments of the region recently declared renewed commitment to
improve  the  water  quality  of  the  region  and  a  wish  that  the  Commission  and  the
International  Financing  Institutions  further develop their  partnership  with the  countries
in the region in identifying, preparing and supporting projects.

On  implementation,  the  work  of  four  regional  sea  Conventions  varies.  Where  in
OSPAR, the focus is on implementation reporting which involves an element of naming
and  shaming,  in  Barcelona  and  Bucharest  there  is  focus  on  practical  implementation
through  funding  projects  on  infrastructure  and  other  capacity  building  programmes.
HELCOM combines both approaches in its work.

Co-operation  has  been  enhanced  with  a  greater  mutual  recognition  of  the  respective
strengths. This has lead to recognition of areas where the other organisation might take a
lead.  In  the  areas  of  marine  monitoring  and  classification  of  marine  habitats,  the  EC
might  benefit  from  the  experience  of  HELCOM  and  OSPAR  and  the  Barcelona
Convention.

48

2.4.

Other regional Agreements and Conferences

The  Arctic  Monitoring  and  Assessment  Programme  (AMAP)  was  established  in  the
framework  of  the  Arctic  Council  (with  participation  of  the  Nordic  countries,  USA,
Canada and the Russian Federation) to monitor, assess, and prepare reports on the State
of  the  Arctic  Environment.  The  Arctic  Council  provides  a  mechanism  to  address  the
common concerns and challenges faced by the Arctic governments and the people of the
Arctic.  While  the  Arctic  Council  does  not  constitute  a  legal  Convention,  it  has
responsibility  for  implementing  the  Arctic  Environmental  Protection  Strategy  that  was
adopted  in  1991,  which  addresses  protection  of  all  environmental  compartments,
including the marine. In the European region, the area covered by AMAP overlaps part
of  the  OSPAR  area.  To  avoid  duplication  of  effort,  the  AMAP  1997  assessment
provided the basis for the information that was reported in the QSR2000 for the OSPAR
Arctic sub-region.

Where  OSPAR  does  not  address  shipping,  the  Bonn  Agreement  and  the  Lisbon
Agreement (which is not yet in force) on co-operation with pollution of respectively the
North  Sea  and  part  of  the  North-East  Atlantic  have  been  agreed  by  the  European
Community and the countries bordering these areas.

In addition there are Ministerial Conferences for some regions and sub-regions, e.g. the
North  Sea  and  the  Wadden  Sea.  These  represent  less  structured  and  occasional
gatherings  of  Ministers,  which  serve  to  steer  discussion  of  concerns  to  implementing
bodies.

2.5.

Nature and Environmental Protection - Biodiversity

On Nature Protection, the Bonn Convention on the Conservation  of Migratory  Species
of Wild Animals aims to conserve migratory species and their habitats. At regional level,
ASCOBANS establishes a management plan for the conservation of small cetaceans of
the  Baltic  and  North  Sea  through,  inter  alia,  modification  of  fishing  gear  and  fishing
practice.  The  related  ACCOBAMS  concerning  cetaceans  of 
the  Black  and
Mediterranean seas provides for a network of protected areas for marine mammals. The
Community  is  not a  party to these regional  agreements  and  measures  adopted  in  these
forums  may not be integrated  into Community acquis. Commission services,  however,
tries to meet regularly the secretariats to exchange views and information.

The Council of Europe adopted on 4 November 1998 a Convention for the protection of
environment through criminal law, which establishes  as  criminal  offences  a  number of
acts  committed  intentionally  or  through  negligence  where  they  cause  or  are  likely  to
cause  lasting  damage  notably  to  the  quality  of  the  water,  or  result  in  the  death  of  or
serious  injury  to  any  person.  It  defines  the  concept  of  criminal  liability  of  natural  and
legal  persons,  specifies  the  measures  to  be  adopted  by  States  and  enable  them  to
confiscate property and define the powers available to the authorities, and provides for
international co-operation.

Within the framework of the Convention on Biodiversity, the Jakarta Mandate on marine
and  coastal  biodiversity  identified  the  thematic  issues  of  resource  management,

49

sustainable  use,  protected  areas,  and  aquaculture  and  alien  species.  These  issues  were
picked up in the Commission's Biodiversity Action Plan in 2001.

2.6.

Fisheries management

On  Fisheries,  the  Food  and  Agriculture  Organisation  (FAO,  an  autonomous  agency  of
the  UN)  aims  at  the  promotion  sustainable  development  of  responsible  fisheries  and
contributing to food security. Its code of conduct provides a framework of principles and
standards for the conservation, management and development of the  sector.  It  recently
organised  a  meeting  on  how  ecosystems  considerations  can  be  further  included  in
fisheries management.

At  a  regional  level,  the  Convention  on  Fishing  and  Conservation  of  the  Living
Resources of the Baltic Sea is aimed at preserving and increasing the living resources of
the  Baltic  Sea.  Its  regulating  body,  the  International  Baltic  Sea  Fisheries  Commission
(IBSFC), has given special attention to the wild Baltic salmon. The North-East Atlantic
Fisheries  Commission  (NEAFC)  provides  for  technical  measures  concerning  the
management  of  fishery  resources  within  the  area  covered  by  the  convention.  In  these
bodies, the European Community represents the interests of Member States.

The  General  Fisheries  Commission  for  the  Mediterranean  promotes  the  development,
conservation, and management of living resources and aquaculture in the Mediterranean.
The  North  Atlantic  Salmon  Conservation  Organisation  (NASCO)  has  as  aim  the
conservation, restoration and enhancement of wild salmon stocks which migrate beyond
the fisheries  jurisdiction of  coastal States.  In 1997, it  adopted guidelines on  transgenic
salmon. The International Commission for the Conservation of Atlantic Tunas (ICCAT)
is responsible for the conservation of tuna and tun) like species in the Atlantic.

A Fisheries Convention  for  the  Black  Sea  is  being  negotiated  in  the  framework  of  the
Black Sea Economic Co-operation.

2.7.

Maritime Transport

The  International  Maritime  Organisation  (IMO)  is  the  specialised  UN  agency
responsible for the safety of international shipping and the prevention of pollution from
shipping.  Of  its  some  40  Conventions  and  protocols,  the  following  are  particularly
relevant  to  this  strategy.  This  includes  the  London  Convention  on  the  prevention  of
marine pollution by dumping wastes and other matter, the Convention for the Prevention
of Pollution from Ships (MARPOL 73/78), the Convention on Intervention on the high
seas  in  cases  of  oil  casualties  and  the  Convention  on  Oil  Pollution  Preparedness,
Response  and  Co-operation.  Under  the  latter  the  protocol  on  hazardous  and  noxious
substances provides a framework for co-operation in combating marine accidents.

The Baltic Sea area, the Black Sea area, the Mediterranean Sea area and the North-West
European waters have been designated and have become effective as special areas under
Annex I (oil) of the MARPOL Convention. As  a result, discharges of oily water, from
any ship, may only be permitted if the oil content in the effluent does not exceed 15ppm.
The designation as a special area is subject to the provision of adequate port  reception
facilities. There have also been enhancements of the adequacy of port reception facilities

50

in some of the areas, such as the Baltic Sea Area and the Northwest European waters. A
Regional Contingency Plan for Combating Pollution of the Black Sea by Oil (developed
with  IMO  assistance of  IMO) is  being negotiated currently in  the  Black Sea  area.  The
North Sea and the Baltic Sea area have also been designated and become effective as a
special  area  under  Annexes  II  (noxious  liquid  substances  carried  in  bulk)  and  V
(garbage) of the MARPOL Convention.

Paris  Memorandum  on  Port  State  Control  covers  the  waters  of  the  European  coastal
States and the North Atlantic basin from North America to Europe. It aims to eliminate
the operation of sub-standard ships through a harmonised system of port state control.

2.8.

Hazardous substances

On Chemicals, both UNEP and OECD are engaged at global and international level in
regulatory  activity.  Where  OECD  focuses  mainly  on  methodology  development
including  testing  methods  and  hazard  and  risk  assessment,  it  has  also  regulated  the
mutual  acceptance  of  test  data.  At  UN  level,  the  Stockholm  Convention  controls  the
production,  import,  export  and  use  of  a  group  of  persistent  organic  pollutants  and  the
Rotterdam Convention provides for a prior informed consent regime regulating export of
domestically banned or heavily restricted substances.

At Regional level the UNECE Convention on the protection and use of Trans-boundary
watercourses and international lakes which aims at reducing pollution  from  land based
sources  is  also  relevant  for  the  abatement  of  pollution  of  the  marine  environment.  It
might  also  be  considered  as  an  analogue  of  the  EU  legislation  on  urban  wastewater
treatment  and  integrated  pollution  prevention  and  control.  Similarly  the  UNECE
Convention on Long Range Trans-boundary air pollution is relevant to protection of the
marine environment where the pollutants addressed are also deposited in marine waters.

2.9.

Nuclear safety

The International Atomic Energy Agency (IAEA) develops nuclear safety standards and
promotes  the  achievement  and  maintenance  of  high  levels  of  safety  in  applications  of
nuclear  energy  as  well  as  protecting  man  and  the  environment  from  the  effects  of
ionising radiation. These standards are endorsed by other international and UN agencies
including the  International  Commission on Radiological  Protection  (ICRP),  the  United
Nations Committee on the Effects of Atomic Radiation (UNSCEAR), the World Health
Organisation (WHO) and the International Labour Organisation (ILO).

2.10.

Non-Governmental Organisations

Non-governmental  organisations  have  recently  become  more  involved  in  the  various
activities  described  above.  In  general  these  include  both  green  organisations  and
industry sector associations. Their involvement has been facilitated through new rules of
procedure, which allows their presence in most of the meetings of many of these bodies.
Their  actual  and  legitimate  contribution  includes  both  influencing  of  process  and
outcome as well as technical contribution in which NGO's are sometimes more efficient
in  collating  and  presenting  relevant  information  than  regulators.  They  also  play  an
important role in influencing the general public.

51

ANNEX 3
TO THE COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND
THE EUROPEAN PARLIAMENT

Towards a strategy to protect and conserve the marine environment

Description and Evaluation of Current Activities – Knowledge

This  Annex  outlines  the  marine  monitoring,  assessment  and  research  and  related  reporting
activities.

1.

ACTIVITIES IN EUROPE

1.1.

Monitoring

At  present  monitoring  carried  out  by  Member  States  does  not  provide  comprehensive
information  to  assess  the  status  (in  chemical  or  biological  terms)  of  Community
territorial  waters  nor  the  pressures  on  the  marine  environment  (e.g.  the  loads  of
pollutants).

Under  the  Water  Framework  Directive  (WFD)  information  to  assess  the  quality  of  the
coastal  environment  (chemical  and  ecological  status)  up  to  one  nautical  mile  should
become available. For the remaining part of the Community territorial waters, the Water
Framework Directive only addresses chemical status.

While  the  Water  Framework  Directive  itself  does  not  provide  details  regarding
monitoring to be carried out in these waters, the development of guidance on monitoring
is one of  the  key  points of the  Common  Implementation Strategy  of the Directive.  On
marine monitoring, informal guidance documents on the design of a monitoring network
will be developed. These will cover (i) criteria for the identification of significant water
bodies of the basin or basin district; selection of monitoring sites in relation to pressures,
impacts, and the presence of protected areas, (ii) network representation in geographical
information  systems,  (iii)  integration  of  national  existing  networks  and  integration  of
national  network  at  European  level  and  (iv)  monitoring  procedures/protocols  in
accordance  to  Annex  V  of  WFD  for  rivers,  lakes,  transitional  waters,  coastal  water,
artificial and heavily modified water bodies, groundwater.

All  regional  marine  conventions  have  established  monitoring  and  assessment
programmes. A detailed overview of these programmes will be published in a separate
report.  While  they  rely  on  the  results  thereof  for  their  assessments  and  reports,  the
European Environment Agency (EEA) and the International Council for the Exploration
of the Sea (ICES) do not manage monitoring programmes.

52

In  the  framework  of  food  safety5,  EU  Members  States  are  developing  monitoring
programmes  addressing  some  of  the  pollutants.  These  programmes  often  use  the  same
species  (bivalve  molluscs  in  particular)  and  additionally  address  the  same  pollutants:
chemicals,  heavy  metals,  radiation,  nitrogen  and  bacteria.  In  the  absence  of  co-
ordination and guidelines for monitoring,  such situation leads  to duplication of efforts,
and costs, but also to gaps as some pollutants are not being monitored at all.

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),
approach  of  assessment  and  detail  (geographic  and  temporal  density).  Some  of  the
divergence may be attributed to differences in environmental conditions and differences
in socio-economic and political situations in the countries bordering these seas.

In  addition  there  are  common  problems  including  inadequate  spatial  coverage  of
monitoring  stations  and/or  sampling  frequency  as  the  limited  resources  of  Contracting
Parties do not allow comprehensive and regular monitoring activities  in  offshore  areas
and  consequently  a  lack  of  data,  incomplete  or  non-reporting  of  available  data  and
inadequacy  of  data.  The  latter  includes  uncertain  reliability  of  the  data,  lack  of
consistency within data sets and lack of harmonisation between data sets, which makes
their scientific analysis and comparison nearly impossible.

Although it need not be the aim to develop a single overall programme, there is  scope
for harmonising the strategic approach, overall structure and content of these monitoring
programmes and the methodology of the related assessment activities. Activities carried
out in the framework of the implementation of the Water Framework Directive could act
a stimulus in leading to some form of integration of the monitoring programmes of the
regional marine conventions with that of the Framework Directive.

1.2.

Assessment

The  EEA  has  established  a  network  with  its  31  member  countries  and  with  relevant
international  organisations  on  the  MDIAR  chain  (Monitoring,  Data,  Information,
Assessment,  Reporting)  to  support  policy  action.  The  information  relevant  for  marine
policy  development  is  provided  in  the  marine  chapters  of  EEAs  reports:  State  and
Outlook  on  Europe's  Environment  (SOE), 
the  Environmental  Signals  series,
sector/environment  reporting  mechanisms  and  Topic  reports.  A  core  set  of  81  water
indicators  including marine and  coastal indicators and  covering  the  DPSIR  assessment
framework are being developed in order to answer policy questions related to the above
policies.  A  core  set  of  fisheries  and  environment  integration  indicators  is  under
development as well as a core set on biodiversity indicators.

In the context of the implementation of the Water Framework Directive, activities with
regard  to  developing  guidance  on  (i)  the  development  of  typology  and  classification
systems  of  transitional  and  coastal  waters  and  (ii)  criteria  for  the  assessment  of  water

5

See  Directive  91/492/EEC  on  shellfish,  Directive  91/493/EEC  on  fish  and  fishery  products  and  Directive
96/23/EC on monitoring of residues in food.

53

                                                
quality  status  for  each  water  body  type,  are  of  particular  importance  for  preparing
marine assessments.

All regional marine conventions publish regular assessment reports concerning the state
of the marine environment. These  reports  address the input of  pollutants  to  the  marine
environment, the impacts of human activities on the marine environment and provide a
picture of the state of the marine environment making use of all sources of information
available to them.

In  carrying  out  its  advisory  role  for,  inter  alia,  the  Community  and  regional  fisheries
organisations, ICES is preparing annual assessments of the status of ca. 135 commercial
fish stocks and their harvesting.

There is some degree of similarity in the content and method of assessment between the
assessment products of the EEA on marine  and coastal issues and assessment products
of the regional marine conventions, and hence in the work required for producing such
products.

There are also differences in the way the organisations work. Some reports are produced
by a central actor and finalised by editorial groups and data verified by Member States
after  the  assessment  has  been  made  and  prior  to  publication.  In  other  cases  there  is  a
more  collective  effort  based  on  consensus  of  the  Contracting  Parties,  which  make
voluntary contributions from these Contracting Parties.

Without  endorsing  either  of  these  methods  as  the  more  effective  method  to  influence
policy  development,  the  former  may  be  more  resource  efficient  and  the  latter's
conclusions may be more easily incorporated in policy action.

A  certain  level  of  duplication  of  effort  can  be  observed  in  reading  the  most  recent
assessment products of the EEA and of the marine conventions. This duplication might
be reduced by synchronising the frequency and timing of and streamlining the content of
assessment  products  and  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 should be established and barriers to access
to publicly funded monitoring data should be removed.

1.3.

Reporting and Handling of Data and Information

The situation with regard to reporting and management of data and information is also
far  from  ideal.  It  is  rather  common  that  different  international  organisations  are
mandated  to  collect  largely  the  same  type  of  data  and  information  from  their  member
countries  but  in  a  different  way  and  in  different  timeframes.  This  has  lead  to  a
proliferation  of  reporting  procedures  and  exercises  and  information  systems  and
information  centres.  Data  are  then  not  always  available  in  electronic  form  and  data
policies and conditions on use impede easy exchange of information.

There is a need to improve the situation with regard to reporting, the  handling  and the
management  of  data  and  information.  This  could  be  usefully  realised  on  a  European

54

level  and  be  based  upon  a  common  policy  on  generation  of,  access  to  and  use  of  the
different types of data and information

Some  initial  discussion  on  these  issues  has  taken  place  in  the  Inter-Regional  Forum
(IRF) and in the implementation of the Water Framework Directive.

1.4.

Research

Substantial amounts of scientific information on the understanding of coastal and marine
ecosystems  have  been  provided  by  EU  funded  environment  research  programmes
(former  Framework  Programmes)  in  particular  through  the  ELOISE  projects  cluster
which comprises both contributions from the continent to the sea and understanding the
processes in the coastal zone up to the ocean shelf.

is 

the 

programme 

"Energy,  Environment 

The  current  EC  framework  for  funding  research  projects  related  to  the  marine
environment 
and  Sustainable
Development"(EESD)  under  the  Fifth  Framework  Programme  for  Research  and
Technological Development (FP5, covering the period 1999-2002). In the EESD, there
is a special Key Action called "Sustainable marine ecosystems and Infrastructure". Also
the  EESD  Key  Action  "Sustainable  management  and  quality  of  water",  through
"ELOISE",  contributes  to  coastal  and  marine  research.  In  addition,  international
scientific  cooperation  enabled  numerous  collaborations  with  developing  and  emerging
economies to understand and manage marine ecosystems.

The  Commission's  proposal  for  the  Sixth  Framework  Programme  (2002-2006)  was
adopted in January 2002, and represents a deliberate break with past FPs with regard to
ambition, scope and instruments to be used in its implementation. The aim is to achieve
greater focus on questions of European importance and a better integration of  research
efforts  on  the  basis  of  an  improved  partnership  between  the  various  actors  (different
research  communities,  national  authorities,  end-users  and  decision-makers)  in  the
European research area. Marine research is one of the FP6 priorities within the Union.

The aim of EU funded marine research is to provide new concepts, tools and indicators
for integrated management of European Seas in the open ocean as well as in the coastal
zone and the catchment area relevant to land management, at scales ranging from local
to  basin-wide,  and  to  contribute  to  relevant  conventions.  Research  partnerships  with
third  countries  provide  knowledge  and  mutual  benefits  in  relation  to  often  highly
interconnected ecological and socio-economic issues. EU research creates the means to
implement  sustainable  management  of  the  coastal,  pelagic  and  deep-sea  environments
and  to  understand  the  diversity  of  these  ecosystems,  not  only  by  adding  relevant
knowledge  and  technology,  but  also  by  investigating  interrelated  processes,  by
considering  socio-economic  factors,  and  by  enabling  better  forecasts  of 
the
anthropogenic and environmental parameters which have an impact on marine activities.

EU  funded  research  on  the  landward  side  of  land-ocean  interactions  aims  to
conceptualise, quantify and to predict the inputs from river basins and catchments to the
sea,  considering  all  routes  (river  outflow,  atmospheric  loads,  groundwater  seepage,
diffuse releases) and assessing the underlying drivers, pressures and impacts.

55

The  Union  actively  supports  several  international  fora  with  developing  and  emerging
economies on using international scientific and technological cooperation to harness the
knowledge,  policy,  capacity  and  action  to  progress  towards  sustainable  development,
including in relation to the marine environment and its ecosystems. In the context of the
Mediterranean, coastal ecosystems have been a priority over the last few years and will
continue  to  be  so  in  the  foreseeable  future.  Likewise,  other  bi-regional  dialogues
between  Europe  and  partner-regions  have  given  attention  to  marine  and  coastal
ecosystems and their sustainable management. These are in particular with NIS; Africa,
Caribbean and Pacific countries (ACP); Asia (through ASEM – Asia-Europe Meetings);
and Latin America and the Caribbean.

In  addition,  the  Commission's  Joint  Research  Centre  (JRC)  provides  technical  and
scientific  support  needed  for  European  policy-making.  As  the  European  Union's
scientific  and  technical  research  laboratory,  it  combines  short-term  technical  support
with longer-term strategic research. Much of the work is carried out with partners across
Europe, including Member States institutions, research institutes, universities and high-
tech businesses.

Marine  and  coastal  research  is  carried  out  in  the  Institute  for  Environment  and
Sustainability  (IES)  which  concentrates  on  numerical  modelling  of  physical  and
biogeochemical  processes  in  coastal  areas  and  regional  seas,  bio-optical  modelling  for
quantitative  retrieval  of  waterborne  substances  (e.g.  chlorophyll-a,  total  suspended
matter)  from  satellite  data  and  subsequent  processing  on  regional  and  global  scale,
development and validation of spatial indicators related to coastal/marine eutrophication,
development of methods and tools for the assessment of the interactions between  river
catchments  and  coastal  zone,  and  (atmospheric  modelling  (regional/global  scale)
including emission and sinks in the marine environment.

Of  the  other  international  organisations  involved  in  marine  research,  ICES  acts  as  a
forum  for  the  promotion,  coordination,  and  dissemination  of  research  on  the  physical,
chemical,  and  biological  systems  in  the  North  Atlantic  and  adjacent  sea  regions,
including the Baltic Sea, and advice on human impact on its environment, in particular
fisheries effects in the North-East Atlantic. ICES has an advisory role to regional marine
conventions (AMAP, HELCOM and OSPAR) and to fisheries management authorities.

The  regional  marine  conventions  do  not  act  as  funding  instruments.  While  the
Conventions are also not directly engaged in marine research, some research institutes,
which receive Community funding, are also involved in their work.

While  much  research  has  been  funded  by  the  Community  as  outlined  above,  it  is  not
immediately evident that the results of this publicly funded research are available to or
exploited  by  those  engaged  in  monitoring  and  assessment  of  the  marine  environment.
There  is  scope  to  increase  the  role  of  the  Marine  Conventions  in  identifying  and
stimulating EC funded marine  research –  and  vice  versa  –  EC  funded  marine  research
yields substance for policy options and future strategies.

56

2.

ACTIVITIES AT GLOBAL LEVEL

On the global  level,  several international organisations and  institutions  are  involved  in
monitoring,  research  and  assessment  of  the  marine  environment  and  provide  valuable
information on the physical conditions and/or the state of the marine environment. Some
of the most relevant organisations are described below.

The Intergovernmental Oceanographic Commission (IOC) under UNESCO has, over the
last  three  decades,  focused  on  promoting  marine  scientific  investigations  and  related
ocean  services,  with  a  view  to  learning  more  about  the  nature  and  resources  of  the
oceans.  It  develops,  promotes  and  facilitates  international  oceanographic  research
programmes  and  facilitates  that ocean data and  information  obtained  through  research,
observation and monitoring are efficiently handled and made widely available.

Programmes carried out under the IOC include, the Global Investigation of Pollution in
the Marine Environment Programme (GIPME, an international co-operative programme
of  scientific  investigations  focussed  on  marine  contamination  and  pollution  co-
sponsored by UNEP and IMO) and the Global Ocean Observing System (GOOS) and its
regional  sub-programmes  (such  as  EUROGOOS,  and  in  this  frame  the  Baltic
Operational Oceanographic System 1999-2003 (BOOS Plan)).

The  Joint  Group  of  Experts  on  the  Scientific  Aspects  of  Marine  environmental
Protection  (GESAMP,  is  based  on  a  secretariat  at  IMO  and  co-sponsored  by  FAO,
UNESCO-IOC, WMO, WHO, IAEA, UN, UNEP) provides advice on scientific aspects
of marine environmental protection, periodic reviews and assessments of the state of the
marine environment and identifies problems and areas requiring special attention.

The Global International Water Assessment (GIWA), a programme led by  UNEP is to
produce  a  comprehensive  and  integrated  global  and  systematic  assessment  of  the
environmental  conditions  and  problems  in  international  waters,  comprising  marine,
coastal and freshwater areas, and surface water as well as groundwater.

UNEP recently started a process aimed at establishing regular assessments of the state of
the  marine  environment  at  a  global  scale.  As  a  first  step,  a  feasibility  study  will  be
carried out.

The UNEP World Conservation Monitoring Centre (WCMC) was established in 2000 as
the  world  biodiversity  information  and  assessment  centre  of  the  United  Nations
Environment Programme. It provides information for policy and action to conserve the
living  world.  Programmes  concentrate,  inter  alia,  on  species,  protected  areas,  marine
waters and habitats affected by climate change such as polar regions.

57

ANNEX 4
TO THE COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

Overview of a selection of Regional and Global Conventions, Agreements and Agencies

Towards a strategy to protect and conserve the marine environment

Name

General

Main objective/task

Contracting Parties / Membership

Website

Convention for the
Protection of Marine
Environment of the North
East Atlantic (OSPAR)

Taking of all possible steps to prevent and eliminate pollution and the
necessary  measures  to  protect  the  maritime  area  against  the  adverse
effects  of  human  activities  so  as  to  safeguard  human  health  and  to
conserve  marine  ecosystems  and,  when  practicable,  restore  marine
areas which have been adversely affected.

Belgium, Denmark, European Union,
Finland, France, Germany, Iceland, Ireland,
Luxembourg, the Netherlands, Norway,
Portugal, Spain, Sweden, Switzerland, United
Kingdom

www.OSPAR.org

Convention for the
Protection of the Marine
Environment of the Baltic
Sea (HELCOM)

Adoption  of  appropriate  legislative,  administrative  or  other  relevant
measures  to  prevent  and  eliminate  pollution  in  order  to  promote  the
ecological restoration of the Baltic Sea Area and the preservation of its
ecological balance. The Baltic Sea Joint Comprehensive Environmental
Action Programme (JCP) focuses on investment activities in relation to
particular polluted sites (Hot Spots) in the catchment area.

Denmark, Estonia, Finland, Germany, Latvia,
Lithuania, Poland, Russia and Sweden and
the European Community

www.HELCOM.fi

Convention for the
Protection of the Marine
Environment and the
Coastal Region of the
Mediterranean (BARCOM)

Convention for the
Protection of the Black Sea
against Pollution

Arctic Council

UN Law of the Sea
(UNCLOS)

Hazardous Substances

Taking of concerted actions to prevent and eliminate marine pollution
and sustainable management of the Mediterranean

20 Mediterranean countries, including
France, Greece Italy and Spain and the
European Union

www.unepmap.org

Taking of all necessary measures consistent with international law and
in accordance with the provisions of this Convention to prevent, reduce
and control pollution thereof in order to protect and preserve the
marine environment of the Black Sea.

Bulgaria, Georgia, Romania, Russian
Federation, Turkey, Ukraine

http://www.blacksea-
environment.org

Forum  to  provide  a  mechanism  to  address  the  common  concerns  and
challenges  faced  by  the  Arctic  governments  and  the  people  of  the
Arctic.

Canada, Denmark-Greenland- Faroe Islands,
Finland, Iceland, Norway, Russian
Federation, Sweden, USA

www.arctic-council.org

Governance of all aspects of the ocean space

Global agreement

58

Name

Main objective/task

Contracting Parties / Membership

Website

Convention on the
Prevention of Marine
Pollution by Dumping
Wastes and other Matters
(LC)

Stockholm Convention on
Persistent Organic
Pollutants (POPs)

Rotterdam Convention on
Prior Informed Consent for
certain Hazardous
Chemicals in International
Trade

Radioactive Substances

International Atomic
Energy Agency

Fisheries Management

International Baltic Sea
Fisheries Commission
(IBSFC)

North East Atlantic
Fisheries Convention
(NEAFC)

Control of all sources of marine pollution by dumping of wastes.

Global agreement

administered by IMO

Setting out control measures covering the production, import, export,
disposal, and use of POPs (not yet in force).

Global agreement

http://irptc.unep.ch/pops

Promoting  shared  responsibility  between  exporting  and  importing
countries  in  protecting  human  health  and  the  environment  from  the
harmful  effects  of  certain  hazardous  chemicals  being 
traded
internationally.

Global agreement

http://irptc.unep.ch/pic/

develops,  inter  alia,  nuclear  safety  standards  and,  based  on  these
standards, promotes the achievement and maintenance of high levels of
safety  in  applications  of  nuclear  energy,  as  well  as  the  protection  of
human health and the environment against ionising radiation

Global organisation

www.iaea.org

Co-operation  with  a  view  to  preserving  and  increasing  the  living
resources  of  the  Baltic  Sea  and  the  Belts  and  obtaining  the  optimum
yield, and, in particular to expanding and co-ordinating studies towards
these ends.

Estonia, the European Union, Latvia,
Lithuania, Poland and the Russian Federation

www.ibsfc.org

Promotion  of  the  conservation  and  optimum  utilisation  of  the  fishery
resources  of 
the  Northeast  Atlantic  area  within  a  framework
appropriate  to  the  regime  of  extended  coastal  state  jurisdiction  over
fisheries, and  accordingly  to  encourage  international  co-operation  and
consultation with respect to these resources.

Bulgaria, Cuba, Denmark (in respect of the
Faroe Islands and Greenland), European
Union, Iceland, Norway, Poland, and the
Russian Federation

www.neafc.org

North Atlantic Salmon
Conservation Organisation
(NASCO)

Contribute through consultation and co-operation to the conservation,
restoration, enhancement and rational management of salmon stocks
taking into account the best scientific evidence available to it

Canada, Denmark (in respect of the Faroe
Islands and Greenland), European Union,
Iceland, Norway, Russian Federation, USA

www.nasco.org.uk

International Commission
for the Protection of
Atlantic Tunas (ICCAT)

Responsible for the conservation of  tunas  and  tuna-like  species  in  the
Atlantic Ocean and its adjacent seas

32 countries, including the European Union

www.iccat.es

59

Name

Main objective/task

Contracting Parties / Membership

Website

Food and Agriculture
Organisation (FAO)

Agreement for the
Implementation of
UNCLOS relating to the
conservation and
management of straddling
stocks

Nature Conservation

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)

Convention for the
protection of the
environment through
criminal law (Council of
Europe)

Lead Agency for agriculture, forestry, fisheries and rural development

Global organisation

www.fao.org

FAO Code of Conduct for Responsible Fisheries

Providing principles for the conservation and management of those fish
stocks  and  establishing  that  such  management  must  be  based  on  the
precautionary approach and the best available scientific information

Global agreement

www.un.org/depts/los/ind
ex.htm

Regional Agreement under CMS (see below) with a conservation and
management plan stipulating measures regarding, inter alia, (a)
prevention of pollution, (b) fishing practices, (c) regulation of activities
affecting food resources, (d) prevention of disturbances, (e) conduct
surveys and research, and (f) enforce legislation that prohibits the
intentional taking and killing of small cetaceans.

Regional Agreement under CMS (see below), inter alia, providing for
the protection of dolphins, porpoises and other whales, and
establishing a network of protected areas important for their feeding,
breeding and calving.

European  Convention  establishing  as  criminal  offences  a  number  of
acts committed intentionally or through negligence where they cause or
are likely to cause lasting damage notably to the quality of the water, or
result  in  the  death  of  or  serious  injury  to  any  person.  It  defines  the
concept of criminal liability of natural and legal persons, specifies the
measures  to  be  adopted  by  States  and  enable  them  to  confiscate
property  and  define  the  powers  available  to  the  authorities,  and
provides for international co-operation.

Belgium, Denmark, Finland, Germany, the
Netherlands, Poland, Sweden, United
Kingdom

www.ascobans.org

Albania, Bulgaria, Croatia, Spain, Georgia,
Malta, Morocco, Monaco, Romania and
Tunisia. The first meeting of parties was also
attended by: Bosnia-Herzegovina, Egypt,
France, United Kingdom, Greece, the Libyan
Arab Jamahiriya, Lebanon, Portugal, Turkey,
the Ukraine and the European Union.

Contracting States of the Council of Europe

www.accobams.mc

http://conventions.coe.int/
Treaty/EN/CadreListeTrai
tes.htm

Trilateral Co-operation on
the Protection of the
Wadden Sea (CWSS)

Co-operation  on  the  protection  and  conservation  of  the  Wadden  Sea
covering  management,  monitoring  and  research,  as  well  as  political
matters

Denmark, Germany, the Netherlands

http://cwss.www.de

60

Name

Main objective/task

Contracting Parties / Membership

Website

Convention on Biological
Diversity (CBD)

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)

Shipping

International Maritime
Organisation (IMO)

Convention for the
Prevention of Pollution
from Ships (MARPOL
73/78)

Conservation of biological diversity.

Global agreement

Jakarta Mandate: Protection of marine and coastal diversity

Conservation of migratory species (avian, marine and terrestrial)

Global agreement

www.wcmc.org.uk/cms

Conservation  of  wild  flora  and  fauna  and  their  natural  habitats,
especially  those  species  and  habitats  whose  conservation  requires  the
co-operation of several States, and to promote such co-operation.

Global agreement

www.nature.coe.int/englis
h/cadres/berne

Specialised agency of the United Nations, which is responsible for
measures to improve the safety of international shipping and to prevent
the pollution of ships. It also is involved in legal matters, including
liability and compensation issues and the facilitation of international
maritime traffic.

Global organisation

www.imo.org

Prevention and minimisation of pollution from ships from operational
and accidental causes

Global agreement

administered by IMO (see
above)

Paris Memorandum on Port
State Control (Paris MOU)

Elimination  of 
harmonised system of port State control

the  operation  of  sub-standard  ships 

through  a

Global agreement

www.parismou.org

International Convention on
the Control of Harmful
Anti-fouling Systems on
Ships

Prohibition of the use of harmful organotins in anti-fouling paints used
on ships and will establish a mechanism to prevent the potential future
use of other harmful substances in anti-fouling systems (not yet in
force)

Global agreement

administered by IMO (see
below)

Combating Marine Pollution

Agreement for Co-operation
in Dealing with Pollution of
the North Sea by Oil and
Other Harmful Substances
(Bonn Agreement)

International agreement by North Sea coastal states, together with the
EC to offer mutual assistance and co-operation in combating pollution
and execute surveillance as an aid to detecting and combating pollution
and to prevent violations of anti-pollution regulations.

Belgium, Denmark, France, Germany, the
Netherlands, Norway, Sweden, the United
Kingdom, European Union. Ireland is in the
process of becoming Contracting Party.

www.bonnagreement.org

61

Name

Main objective/task

Contracting Parties / Membership

Website

Co-operation for the protection of the coast and waters of the North-
East Atlantic on taking appropriate measures in order to prepare to face
marine pollution incidents by oil or other harmful substances (not yet
in force).

France, Portugal and Spain

Agreement for Co-operation
in Dealing with Pollution
due to Hydrocarbons or
Other Harmful Substances
(Lisbon Agreement)

Assessment & Monitoring

European Environment
Agency (EEA)

Support sustainable development and help achieve significant and
measurable improvement in Europe's environment through the
provision of timely, targeted, relevant and reliable information to
policy making agents and the public

Convention for the
International Council for
the Exploration of the Sea
(ICES)

Forum for the promotion, co-ordination, and dissemination of research
on the physical, chemical, and biological systems in the North Atlantic
and advice on human impact on its environment, in particular fisheries
effects in the Northeast Atlantic. Facilitation of data and information
exchange through publications and meetings. Functioning as a marine
data centre for oceanographic, environmental, and fisheries data.

Arctic Monitoring and
Assessment Programme
(AMAP)

Provision of reliable and sufficient information on the status of, and
threats to, the Arctic environment, and providing scientific advice on
actions to be taken in order to support Arctic governments in their
efforts to take remedial and preventive actions relating to contaminants.
(see also Arctic Council)

Other

Austria, Belgium, Bulgaria, Czech Republic,
Estonia, Denmark, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy,
Latvia, Lithuania, Liechtenstein,
Luxembourg, Macedonia, Netherlands,
Norway, Poland, Portugal, Slovak Republic,
Slovenia, Spain, Sweden, United Kingdom

Belgium, Canada, Denmark, Estonia, Finland, 
France, Germany, Iceland, Ireland, Latvia,
Netherlands, Norway, Poland, Portugal, 
Russia, Spain, Sweden, United Kingdom, 
United States

www.eea.eu.int

www.ices.dk

Canada, Denmark (Greenland and Faroe
Islands), Finland, Iceland, Norway, Russian
Federation, Sweden, USA

www.amap.no

International Conferences
on the Protection of the
North Sea (NSC)

Periodic ministerial conferences for a broad and comprehensive
assessment of the measures needed to protect the North Sea
environment.

Belgium, Denmark, France, Germany, the
Netherlands, Norway, Sweden, the United
Kingdom, European Union

www.dep.no/md/nsc

62

ANNEX 5
TO THE COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND
THE EUROPEAN PARLIAMENT

Towards a strategy to protect and conserve the marine environment

Timeschedule of Activities to Implement the Marine Strategy

2002

2003

2004

2005

2006

2007

2008

2009

2010

Action

Biodiversity

1. proposals for developing ecosystem-

based approach

2. programme for implementing habitat

and bird directives

3. proposals for reform of Common

Fisheries Policy

4. development of regional ballast water

management plans

assessment of the need for additional
measures on ballast water

propose measures to limit escapes from
fish farms

Hazardous substances

5.

implementation of the Water
Framework Directive

6. proposals for chemicals policy and

pesticides strategy

7. pilot programme for monitoring of

dioxins

8. consider need for additional action on

harmful antifouling

Eutrophication

9. assessment of marine eutrophication

proposals for reduction of NOx
emissions from shipping

Radionuclides

10. review of policy with regard to

radioactive substances

Chronic Oil Pollution

11. exploring ways and means to eliminate

illegal discharges

12. strategy for elimination of operational

discharges

Litter

13. report on extent and sources and

possible remedial action

63

2002

2003

2004

2005

2006

2007

2008

2009

2010

Action

Maritime Transport

14. review of existing measures

development of parameters for the
concept of clean ships

Health and Environment

15. assessment of results of monitoring

programmes

proposals for maximum contaminant
levels in food

16. proposal for revision of Bathing Water

Directive

17. entry into force of Annex IV of

MARPOL

Climate change

18. implementation of the Kyoto Protocol

Enhancing Co-ordination and Co-operation

19. establishment of interservice group

establishment of workprogramme

progress report

20. review establishment of Regional

Advisory Councils

21. co-ordination of funding instruments

22. promotion of objectives and approaches

of Marine Strategy at global level

seeking of membership in vital
international organisations

Improving the Knowledge Base

23. initiate development of ecosystem

approach

promote research on link between
pressures and impacts

initiative to improve the link between
research needs and research activities

develop proposals for a common
approach on data and information

development of common monitoring
and assessment strategy

evaluate provision of training

participation in global marine
assessments

64