Communication from the Commission to the Council and the European Parliament - Thematic Strategy on the Protection and Conservation of the Marine Environment {SEC(2005)1290}
Date: 2005-10-24
Institutions: European Commission
Subjects: action programme, biodiversity, cooperation policy, environmental protection, management of resources, marine environment, sustainable development, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.10.2005 
COM(2005)504 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Thematic Strategy on the Protection and Conservation of the Marine Environment 

{SEC(2005)1290} 

EN 

   EN 

 
 
 
 
 
1. 

INTRODUCTION 

The  marine  environment  is  a  precious  asset.  Oceans  and  seas  provide  99%  of  the  available 
living space on the planet, cover 71% of the Earth’s surface and contain 90% of the biosphere 
and consequently contain more biological diversity than terrestrial and freshwater ecosystems. 
Marine ecosystems play a key role in climate and weather patterns. Indispensable to life itself, 
the marine environment is also a great contributor to economic prosperity, social well-being 
and quality of life.  

However, the marine environment is under significant pressure. The pace of degradation of its 
biodiversity,  the  level  of  contamination  by  dangerous  substances  and  the  emerging 
consequences  of  climate  change  are  some  of  the  most  visible  warning  signals.  The  recently 
released UN Millennium Ecosystem Assessment highlighted depleted fish stocks and harmful 
algal blooms leading to the destruction of marine life as two of the most significant examples 
of accelerating, abrupt and potentially irreversible changes to ecosystems. 

In  light  of  the  increasing  concerns  in  relation  to  the  state  of  Europe’s  oceans  and  seas,  the 
EU’s  6th  Environment  Action  Programme  included  a  commitment  to  develop  a  Thematic 
Strategy  for  the  protection  and  conservation  of  the  marine  environment  (hereinafter  the 
Strategy) with the overall aim “to promote sustainable use of the seas and conserve marine 
ecosystems”.  While  the  Strategy  is  primarily  focused  on  the  protection  of  the  regional  seas 
bordered by EU countries, it also takes into account the international dimension in recognition 
of the importance of reducing the EU’s footprint in marine areas in other parts of the world, 
including the High Seas. 

The  Strategy  is  to  be  seen  within  the  broader  context  of  the  development  of  a  new  EU 
Maritime  Policy.  The  need  for  such  a  policy  stems  from  the  economic,  social,  and 
environmental  importance  of  the  maritime  dimension  in  Europe,  as  underlined  in  the 
Commission  Strategic  objectives  for  2005-2009.  The  vision  is  that  of  a  Europe  with  a 
dynamic maritime economy in harmony with the marine environment supported by excellence 
in marine science. A Green Paper will be presented in the first half of 2006 defining the scope 
and main orientations of this policy. The Strategy will directly contribute to the work on the 
future EU Maritime Policy.  

The initiatives being taken by the EU on maritime affairs reflect an increasing recognition of 
both the importance and the sensitivity of marine ecosystems. A number of EU and non-EU 
countries  have  launched  major  policy  initiatives  in  recent  years.  These  policies  all  take  as 
their starting point that a high level of protection of the marine environment is a sine qua non 
to realise the full economic potential of oceans and seas. 

2. 

THE DETERIORATING STATE OF EUROPE’S MARINE ENVIRONMENT  

Europe’s  marine  environment  is  faced  with  increasing  and  severe  threats.  The  Commission 
described  these  threats  in  a  Communication  from  20021.  The  evidence  of  the  deteriorating 
status of our seas and oceans has continued to accumulate over the past three years. Europe’s 

1 

COM(2002) 539. 

EN 

2 

   EN 

 
                                                 
marine  biodiversity  is  decreasing  and  continues  to  be  altered.  Marine  habitats  are  being 
destroyed, degraded and disturbed. 

The principal threats to the marine environment that have been identified include the effects 
of  climate  change;pollution  (including  contamination  by  dangerous  substances;  from  land-
based  sources;  litter,  microbiological;  oil  spills  as  a  result  of  accidents  as  well  as  pollution 
from  shipping  and  offshore  oil  and  gas  exploration;  pollution  from  ship  dismantling;  and 
noise  pollution);  the  impacts  of  commercial  fishing;  the  introduction  of  non-native  (exotic) 
through  discharge  of  ships’  ballast  water;  nutrient  enrichment 
species  principally 
(eutrophication)  and  associated  algal  blooms;  and  illegal  discharges  of  radionuclides  (see 
impact assessment accompanying the Strategy for more information on threats and pressures).  

The  current  deterioration  of  the  marine  environment  and  the  associated  erosion  of  its 
ecological capital jeopardises the generation of wealth and employment opportunities derived 
from Europe’s oceans and seas. If not addressed, this will undermine the capacity of the EU 
maritime cluster to make a strong contribution to the Lisbon agenda.  

Economic activities that directly depend on the quality of the marine environment would be 
particularly  affected.  The  key  sector  of  tourism  would  be  severely  hit.  As  regards  fisheries, 
the  loss  of  income  from  over-fishing  of  cod  alone  in  the  North  Sea  and  Baltic  Sea  was 
estimated to reach €400 million in 20022. Other estimates forecast that the turnover of British 
fisheries  could  contract  to  30%  if  stocks  are  badly  managed  and  the  industry  fails  to 
modernise in order to compete3.  

3. 

AN  INADEQUATE  INSTITUTIONAL  FRAMEWORK  FOR  THE  MANAGEMENT  OF  THE 
SEAS  

There are institutional barriers to improved protection of Europe’s marine environment: 

– 

– 

– 

At  EU  and  national  level,  a  number  of  measures  exist  which  contribute  to  some 
extent  the  protection  of  the  marine  environment  but  most  of  these  measures  are 
sectoral and were not designed specifically for protection of the marine environment.  

Many  of  Europe’s  regional  seas  are  the  subject  of  international  conventions  and  a 
number  of  these  have  made  excellent  contributions  to  marine  protection.  However, 
these  conventions  have  few  enforcement  powers  and  this  compromises  their 
effectiveness in achieving agreed goals. 

At the global level, there is little articulation between the large number of strategies, 
conventions and agreements in place. Many international agreements on the marine 
environment face significant challenges in implementation and enforcement. This is 
problematic given the global nature of certain marine activities – e.g. shipping. 

The  development  of  the  Strategy  has  already  contributed  significantly  to  enhancing  the  co-
ordination  of  marine  protection  efforts,  in  particular  with  regional  seas  conventions. 
Commitments  to  contribute  to  the  Strategy  were  taken  by  the  Helsinki  Commission  on  the 
Protection  of  the  Baltic  Sea  and  the  Oslo  and  Paris  Conventions  on  the  Protection  of  the 

2 
3 

WWF, 2002. 
UK Cabinet Office, 2004. 

EN 

3 

   EN 

 
                                                 
Northeast Atlantic at their Joint Ministerial Meeting held in Bremen in June 2003; and by the 
Barcelona Convention on the Protection of the Mediterranean Sea at its Ministerial Meeting 
held in Catania in November 2003.  

In order to build on progress made through existing institutions, policies and conventions and 
to take action to make further progress, there is a need to formulate a clear overarching vision 
for the marine environment and associated policies. A strong EU policy on marine protection 
will complement and bolster the current patchwork of institutional arrangements by providing 
a legally enforceable framework within which Member States will operate with the support of 
the  EU  institutions.  In  particular,  with  regard  to  the  regional  conventions,  their  long  track 
record  of  scientific  and  technical  competence  and  ability  to  act  as  a  bridge  with  non-EU 
countries will make them invaluable partners in delivering the EU Strategy. With regard to the 
existing  institutional  and  legal  arrangements  at  an  international/global  level  (e.g.  IMO, 
UNCLOS) EU policy will be developed within the context of the Green Paper on Maritime 
Policy. 

4. 

AN INSUFFICIENT KNOWLEDGE BASE 

Good  policy  depends  on  high-quality  information.  Existing  monitoring  and  assessment 
programmes are neither integrated nor complete. The knowledge they have generated reveals 
a  significant  number  of  information  gaps  on  the  state  of  Europe’s  marine  environment,  the 
effectiveness  of  existing  measures,  and  the  various  threats  and  pressures  posed  by  human 
activities.  

A new approach to marine monitoring and assessment and the use of scientific information is 
required  across  the  different  levels  of  governance  which  should  identify  and  fill  knowledge 
gaps,  reduce  duplicated  data  collection  and  research,  and  promote  the  harmonisation,  broad 
dissemination and use of marine science and data. This should result in substantial efficiency 
gains across sectors and institutions.  

This  new  approach  to  marine  assessment  and  monitoring  will  be  based  upon  existing 
programmes including the Data Collection Regulation under the CFP, and will be tailored to 
ensure full consistency with relevant Commission new initiatives INSPIRE and GMES).  

5. 

ADDRESSING THE CHALLENGE 

The  aggregate  of  all  existing  measures  and  efforts  to  protect  the  marine  environment  is  not 
sufficient to afford the desired level of protection and conservation.  

Preventing  further  loss  of  biodiversity  and  deterioration  of  the  marine  environment  and 
fostering the restoration of marine biodiversity requires an integrated policy for protection and 
restoration  which  takes  into  account  all  pressures  and  sets  clear,  operational  objectives  and 
actions. 

5.1. 

The overall objective of the Strategy 

The  objective  of  the  Strategy  is to  protect  and  restore  Europe’s  oceans  and  seas  and  ensure 
that  human  activities  are  carried  out  in  a  sustainable  manner  so  that  current  and  future 
generations enjoy and benefit from biologically diverse and dynamic oceans and seas that are 
safe, clean, healthy and productive. 

EN 

4 

   EN 

 
5.2. 

Key elements in building the Strategy 

If the EU is to achieve this ambitious objective, a new approach and principles to inform the 
design and implementation of a future EU strategy will be required, encompassing: 

– 

– 

– 

– 

A  dual  EU/regional  approach  setting  at  EU  level  common  co-operation  and 
approaches among Member States and third countries bordering EU oceans and seas, 
but leaving the planning and execution of measures to the regional level to take into 
account the diversity of conditions, problems and needs of marine regions requiring 
tailor-made solutions.  

A knowledge-based approach, in order to achieve informed policy-making.  

An  ecosystem-based  approach,  whereby  human  activities  affecting  the  marine 
environment  will  be  managed  in  an  integrated  manner  promoting  conservation  and 
sustainable use in an equitable way of oceans and seas.  

A  co-operative  approach,  providing  for  broad  engagement  with  all  relevant 
stakeholders and enhancing co-operation with existing regional seas conventions. 

5.3. 

The need for a new policy instrument 

If the EU is to protect and conserve the state of the marine environment, greater actions need 
to  be  taken  and  the  EU  must  provide  itself  with  the  means  to  ensure  that  it  delivers.  A 
framework for enhanced co-operation should ensure:  

– 

– 

– 

– 

a high level of protection for Europe’s oceans and seas; 

an improved knowledge base to inform policy making; 

integrated and cost-effective actions to reduce pressures; 

effective  monitoring  and  assessment  to  make  sure  goals  are  achieved  and  actions 
deliver results. 

Several  options  have  been  considered  (see  accompanying  impact  assessment  for  details).  A 
first  possibility  would  have  been  to  confine  action  to  tightening  up  existing  legislation  and 
policies  affecting  the  marine  environment.  After  detailed  assessment,  this  option  was  not 
chosen  as  it  would  not  have  been  sufficient  to  deliver  the  high  level  of  protection  of  the 
marine  environment  required  by  the  Treaty:  sectoral  policies  address  marine  ecosystem 
components in isolation rather than in combination and their objectives often differ and can 
even be contradictory.  

A  second  possibility  would  have  been  to  promote  co-operation  through  voluntary 
commitments from Member States and regional seas conventions. It would however not have 
been possible to create an enhanced framework for co-operation if in the context of a such a 
voluntary arrangement Member States were free to unilaterally lower the level of protection 
they believe is appropriate, or not to contribute to the development of an improved knowledge 
base,  or  to  decline  to  take  cost-effective  action  thereby  shifting  the  burden  to  others.  This 
option was therefore also not retained. 

EN 

5 

   EN 

 
Based on the above, the Commission considers that in order to achieve the objective  of the 
Strategy  a  binding  legal  commitment  is  required.  As  regards  the  choice  of  instrument,  a 
flexible approach has been taken respecting subsidiarity. The Commission proposes a Marine 
Strategy  Directive,  ambitious  in  its  scope  but  not  overly  prescriptive  in  its  tools.  A 
prescriptive instrument would have been the wrong avenue, making it impossible to take into 
account the regional dimension.  

5.4. 

Features of the Marine Strategy Directive 

The  objective  is  to  achieve  good  environmental  status  of  Europe’s  marine  environment  by 
2021. This date will coincide with the first review of River Basin Management Plans under 
the  EU  Water  Framework  Directive  (WFD),  allowing  for  synergies  on  the  further 
implementation of both Directives. 

The Directive will only define common objectives and principles at EU level. The Directive 
will  establish  European  Marine  Regions  and  identify  potential  sub-regions  as  management 
units  for  implementation,  on  the  basis  of  hydrological,  oceanographic  and  bio-geographic 
features. No specific management measures will be set down at EU level. 

For  the  marine  waters  under  their  sovereignty or  jurisdiction  within  each  Marine  Region  or 
sub-region, Member States will be required to develop in close cooperation with one another 
Marine Strategies including an assessment of pressures and threats impacting upon the marine 
environment;  regional  environmental  objectives;  indicators  and  monitoring  measures  to 
evaluate progress towards these objectives. On this basis, Member States will be requested to 
develop  and  implement  programmes  of  measures  in  order  to  achieve  good  environmental 
status, in close collaboration with other Member States and third countries concerned. To do 
so, they will be encouraged to work within regional seas conventions.  

When  issues  identified  by  Member  States  fall  within  the  scope  of  Community  competence, 
Member  States  will  be  required  to  inform  the  Commission.  The  Commission  may  indicate 
how EU policies are addressing the problem or refer, when relevant, to planned adjustments 
or measures to be taken as part of the management and regular policy-making cycle of these 
policies  –  e.g.  CFP  or  Common  Agricultural  Policy  (CAP).  Where  issues  concern  activities 
that are dealt with in the context of global agreements and conventions such as UNCLOS or 
IMO, a co-ordinated EU position in these bodies may be developed.  

The  Directive  foresees  special  situations  and  areas  where  it  would  be  impossible  for  a 
Member  State  to  achieve  the  level  of  ambition  of  the  environmental  targets  set,  in  order  to 
take into account the particular contexts of certain Marine Regions.  

The  implementation  process  will  be  iterative  and  management  will  be  adaptive  through 
regular  reviews  taking  into  account  data  collected  from  monitoring  programmes,  new 
developments and the impacts of measures introduced. 

6. 

SYNERGIES WITH OTHER POLICIES 

6.1. 

The future EU Maritime Policy 

The Communication of March 2005 on the future EU Maritime Policy underlines the growing 
international  recognition  that  ocean  affairs  are  interlinked  and  require  a  comprehensive 

EN 

6 

   EN 

 
approach  to  manage  effectively  the  competing  uses  of  the  seas  and  bolster  their  growth 
potential without impairing marine ecosystems. 

In  developing  improved  co-ordination  in  relation  to  environmental  issues,  the  Strategy  will 
deliver  the  environmental  pillar  of  the  future  Maritime  Policy.  It  will  set  out  the  course  of 
action required to protect marine ecosystems upon which the sustainable wealth, productivity 
and  employment  opportunities,  and  broader  human  welfare  derived  from  oceans  and  seas 
depend. 

One of the central issues to be tackled by the future Maritime Policy will be the question of 
the overall governance framework through which the users and uses of oceans and seas can be 
regulated.  This  will  be  addressed  in  the  Green  Paper  on  Maritime  Policy.  The  governance 
arrangements  foreseen  in  the  Marine  Strategy  constitute  a  first  step.  Options  for  further 
development of a broader governance framework to be elaborated under the maritime policy 
should also take account of the highly diverse legal and political specificities in each of the 
European regional seas, ranging from the Baltic Sea  with seven EU Member States and  the 
Russian  Federation  to  the  Mediterranean  where  Exclusive  Economic  Zones  have  not  been 
declared and the EU has to work jointly with a number of third countries. 

6.2. 

Other EU policies  

6.2.1. 

Synergies with other environmental measures and initiatives 

While a number of measures and initiatives have been taken at EU level which contribute to 
some extent to the protection of the marine environment, these measures were not specifically 
designed to protect the marine environment 

– 

– 

– 

– 

– 

In  enhancing  environmental  protection  of  sea  catchment  areas  inland  through 
improved  freshwater  quality,  implementation  of  the  WFD  will  make  an  important 
contribution.  Regular  discussions  between  the  Commission  and  Member  States 
Water  Directors  –overseeing  the  implementation  process  of  the  WFD  through  its 
Common Implementation Strategy- on the Strategy and its articulation with the WFD 
will  continue  to  take  place  building  upon  past  practice,  in  order  to  optimise 
synergies.  

Implementation  of  other  relevant  EU  water  legislation  –  Urban  Waste  Water 
Treatment and Nitrates Directives- also remains a priority as it will lead to reductions 
in marine eutrophication. 

Continued efforts to combat climate change contribute to achieving the objectives of 
the  Strategy.  In  this  context,  the  contribution  of  off-shore  wind  power  to  reducing 
greenhouse gas emissions should be evaluated in a balanced way taking into account 
environmental as well as competitiveness aspects. 

The  Strategy  does  not  override  or  obviate  obligations  under  the  Habitats  and  Birds 
Directives in the marine environment. The Strategy will however foster longer-term 
support for the protection and restoration of these habitats and species, in particular 
by improving the wider environmental condition of the marine environment.  

Given  the  inextricable  links  between  the  coastal  zone  and  the  marine  environment, 
the  implementation  of  the  Strategy  will  provide  a  supportive  framework  for  the 

EN 

7 

   EN 

 
national  strategies  foreseen  by  the  Recommendation  on  Integrated  Coastal  Zone 
Management and for spatial planning in general.  

Considerable synergy will be achieved between the Strategy and the implementation 
of  the  other  Thematic  Strategies  developed  as  part  of  the  6th  EAP  –  Air,  Soil, 
Pesticides, Recycling, Resources and Urban environment. In particular, the key issue 
of  emissions  from  shipping  is  addressed  through  the  Air  Strategy  and  in  particular 
the recently adopted marine fuel sulphur Directive.  

The  tracing  of  the  contamination  of  marine biota which the Environment &  Health 
Strategy will enable will also contribute to the Strategy.  

– 

– 

6.2.2.  Continued efforts on integration  

– 

– 

– 

– 

– 

The  contribution  from  fisheries  will  be  through  the  reformed  CFP  and  the 
environmental remediation measures it foresees, which should benefit biodiversity of 
harvested  fish  stocks  and  of  non-target  marine  species  and  ecosystems.  Synergies 
will be developed with the newly established Regional Advisory Councils. In light of 
priority actions emerging from the implementation of the Strategy at regional level, 
new  fisheries  management  measures  may  be  called  for  which  would  need  to  be 
considered under the CFP.  

The extensive maritime safety legislative packages developed in the past few years at 
EU level will play an essential role. Assessments made at regional level as part of the 
Strategy  may  point  to  the  need  for  complementary  efforts  and  initiatives  to  further 
reduce the environmental impacts of shipping such as the development of alternative 
means of transporting crude oil and petroleum products for example by pipelines or 
by rail 

Land-based human activities have a significant impact upon the quality of the marine 
environment  and  this  underlines  the  importance  of  integrating  considerations  of 
marine protection into key policy areas such as agriculture, energy, industry, tourism 
and coastal and regional development. The relationship between the marine strategy 
and the peripheral coastal regions of the EU will require particular attention. 

The  EU’s  7th  Framework  Programme  for  Research  will  play  an  important  role  by 
stepping up applied research activities on marine ecosystems and dynamics as well 
as on the sustainable use of marine resources. 

Actions  to  ensure  the  industrial  and  civil  wastes  having  an  impact  on  the  marine 
environment  are  properly  managed  under  Community  rules  should  be  actively 
pursued. With regard to the effective management of nuclear waste the Commission 
would underline the importance of achieving the adoption of its recent proposal on 
the management of nuclear waste.  

6.2.3.  The international dimension 

Implementing the Strategy will enable the EU to fulfil obligations contracted under relevant 
international agreements and will improve the EU’s contribution to globally agreed goals and 
targets.  Equally,  Member  States  are  encouraged  to  ratify  and  implement  international 
conventions, the purpose of which is to protect the marine environment (e.g. the International 

EN 

8 

   EN 

 
Convention for the Control and Management of Ships’ Ballast Water and Sediments and the 
International Convention on the Control of Harmful Anti-Fouling Systems on Ships). As the 
marine environment is by essence transboundary, continued EU efforts to advance protection 
of the marine environment at global level remain a priority, including in the sensitive area of 
conservation and use of deep water resources.  

The EU will continue to lead in the framework of the UN Convention on Biological Diversity 
(CBD) to implement relevant decisions in order to halt the loss of biodiversity globally. The 
Strategy  will  boost  the  EU’s  efforts  to  achieve  marine-related  CBD  objectives.  The 
Commission  will  intensify  steps  to  increase  the  sustainability  of  fisheries  agreements  with 
developing countries contracted under the CFP. 

EU  development  co-operation  policy  continues  to  remain  essential  to  support  developing 
countries’  efforts  to  protect,  conserve  and  sustainably  exploit  their  own  marine  resources, 
including in the area of ship dismantling.  

6.3. 

Co-operation with non EU actors  

6.3.1.  Co-operation with regional seas conventions  

Regional  seas  conventions,  which  provide  fora  within  which  the  Community,  EU  Member 
States and third countries work jointly and have acquired extensive expertise in protecting the 
marine  environment,  should  be  used  to  promote  the  necessary  co-ordination.  The  Strategy 
will  facilitate  enhanced  co-operation  with  these  conventions  as  well  as  further  stimulate 
exchanges  and  cross-fertilisation  between  them.  This  will  provide  the  best  possible 
framework for co-operation and permit substantial efficiency gains as no ad hoc structure will 
be established. 

6.3.2.  Co-operation with third countries  

The Strategy aims at strengthening interaction with third countries with which the EU shares 
oceans and seas. Bi-lateral frameworks for co-operation between the EU and third countries, 
including  the  Partnership  and  Co-operation  Agreements  concluded  with  the  majority  of  the 
neighbouring countries as well as the Action Plans developed in the context of the European 
Neighbourhood Policy will be of particular importance. The EU-Russia Energy dialogue will 
also contribute to the protection of the marine environment by reinforcing the transport of oil 
over land and by improving the security of the maritime transport of oil. 

Appropriate financing support should be channelled through existing and future mechanisms 
to  support  co-operation  efforts  with  third  countries  concerned  –  in  particular,  the  European 
Neighbourhood Policy Instrument and other relevant funding instruments.  

7. 

CONCLUSION 

The marine environment is under threat. This requires effective EU action as the protection of 
the  resource  base  is  a  precondition  for  achieving  sustainable  wealth  and  generating 
employment from Europe’s oceans and seas as well as enhancing quality of life. As the EU 
seeks  to  revitalise  and  reinvigorate  its  economy,  effective  protection  of  the  marine 
environment can make a substantial contribution.  

The Strategy will be reviewed in 2010 and feed into the final evaluation of the 6th EAP. 

EN 

9 

   EN