Proposal for a Directive of the European Parliament and of the Council establishing a Framework for Community Action in the field of Marine Environmental Policy (Marine Strategy Directive) [SEC(2005) 1290]
Date: 2005-10-24
Institutions: European Commission
Subjects: EU programme, action programme, environmental policy, environmental protection, marine environment

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.10.2005 
COM(2005) 505 final 

2005/0211 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

establishing a Framework for Community Action in the field of Marine Environmental 
Policy 
(Marine Strategy Directive) 

[SEC(2005) 1290] 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The  marine  environment  is  faced  with  a  number  of  threats  including  loss  or 
degradation of biodiversity and changes in its structure, loss of habitats, contamination 
by dangerous substances and nutrients and impacts of climate change. 

The EU's 6th Environment Action Programme (6th EAP) requests the development of 
a  Thematic  Strategy  for  the  protection  and  conservation  of  the  European  marine 
environment (hereinafter the Strategy) with the overall aim to "promote sustainable use 
of the seas and conserve marine ecosystems". 

As a first step in the development of the Strategy, the Commission in 2002 produced 
the  Communication  entitled  "Towards  a  strategy  to  protect  and  conserve  the  marine 
environment". The Environment Council Conclusions of 4 March 2003 welcomed the 
Commission  Communication,  endorsed  the  approach  and  the  outline  of  its  objectives 
and  requested  an  ambitious  Strategy  by  2005.  The  Commission  Legislative  Work 
Programme 2005 commits to the adoption of the Strategy by 2005. 

•  General context 

While  measures  to  control  and  reduce  pressures  and  impacts  on  the  marine 
environment  do  exist,  they  have  been  developed  in  a  sector  by  sector  approach 
resulting  in  a  patchwork  of  policies,  legislation,  programmes  and  actions  plans  at 
national, regional, EU and international level, which contribute to the protection of the 
marine environment. At the EU level, while there are a number of policies affecting the 
marine  environment,  and  while  a  reflection  has  begun  on  a  future  all-encompassing 
Maritime Policy for the Union, there is no overall, integrated policy for the protection 
of the marine environment.  

The  general  picture  that  emerges  from  this  policy  framework  is  a  mixed  one.  On  the 
positive  side,  some progress has been made in certain  areas, e.g. in reducing nutrient 
inputs  or  pollution  from  hazardous  substances  in  particular  heavy  metals.  However, 
overall,  the  state  of  the  marine  environment  has  been  deteriorating  significantly  over 
recent decades. As a result, Europe's oceans and seas are under threat, in some cases to 
the extent that their structure and function is being jeopardised.  

The current policy framework is not delivering a high level of protection of the marine 
environment.  A  strong,  integrated,  EU  policy  on  marine  protection  is  therefore 
required. 

•  Existing provisions in the area of the proposal 

A wide variety of EU measures contribute to the protection of the marine environment. 
However,  as  the  policy  framework  in  place  is  sectoral  and  as  its  geographic  scope 
varies,  there  is  no  integrated  policy  focused  on  the  protection  of  the  marine 

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environment. 

•  Consistency with other policies and objectives of the Union 

The high level of protection of the marine environment which the proposed Directive 
will provide is essential to realise the full economic and social potential of oceans and 
seas, thus making a strong contribution to the Lisbon agenda and to the EU Sustainable 
Development Strategy.  

The  proposal  will  also  make  an  important  contribution  to  the  work  on  a  future  EU 
Maritime Policy, announced in the Strategic Objectives of the Commission for 2005-
2009, aimed at developing a thriving maritime economy and the full potential of sea-
based activity in an environmentally sustainable manner. 

One  of  the  central  issues  to  be  tackled  within  this  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 foreseen 
for  2006.  The  governance  arrangements  foreseen  in  the  Marine  Strategy  constitute  a 
first  step.  Options  for  further  development of  a  broader  governance  framework  to  be 
elaborated  under  the  Maritime  Policy  should  also  take  account  of  the  highly  diverse 
legal and political specificities in each of the European regional seas, ranging from the 
Baltic  Sea  with  seven  EU  Member  States  and  the  Russian  Federation  to  the 
Mediterranean  where  Exclusive  Economic  Zones  (EEZs)  have  not  been  declared  and 
the EU has to work jointly with a number of third countries. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The Strategy has been prepared with the help of an extensive consultation process from 
2002 to 2004 including all EU Member States and candidate countries, key European 
third  countries  sharing  ocean  and  seas  with  the  Union,  16  international  commissions 
and  conventions,  21  key  industry  and  civil  society  organisations  as  well  as  scientists 
and academics. 

The process was kicked off at a stakeholder conference held in Koge, Denmark, on 4-6 
December 2002. Further to the Koge conference four ad hoc working groups involving 
all  key  stakeholder  constituencies  were  set  up  to  deal  with  key  aspects  of  the 
development of the Strategy.  

Summary of responses and how they have been taken into account 

All working groups delivered contributions to a closing stakeholder conference held in 
Rotterdam,  Netherlands,  on  11-12  November  2004,  from  which  a  wide  consensus 
emerged on the approach proposed in the Strategy. The need for strong EU action was 
underscored by a large majority of stakeholders.  

The proposed Directive fully integrates the results of consultations held since 2002. In 
particular, the need for a dual EU/regional approach, the setting-up of Marine Regions 

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as  management  units  for  the  implementation  of  the  Strategy  and  the  need  for  co-
operation  between  Member  States  in  devising  Marine  Strategies  notably  through  the 
use of existing instruments deriving from international agreements, are at the centre of 
the proposed Directive.  

An open consultation was conducted over the internet from 14/03/2005 to 09/05/2005. 
results  are  available  on 
The  Commission 
http://europa.eu.int/comm/environment/water/pdf/consultation_marine.pdf. 

response(s).  The 

received  133 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

The  preparatory  work  focused  notably  on  (a)  the  application  of  the  ecosystem-based 
approach  to  management  of  human  activities  impacting  the  marine  environment;  (b) 
monitoring  and  assessment  issues;  and  (c)  the  particular  challenge  of  hazardous 
substances.  

In addition, the Commission has also paid very close attention over the past three years 
to  reports,  studies  and  policy  statements  from  national  and  regional  organisations, 
countries, research institutes and U.N. bodies in relation to the protection of the marine 
environment.  

Methodology used 

Substantive work on all aspects relevant to the development of an EU Marine Strategy 
was produced as part of the consultation process. Two important deliverables from this 
process  include  the  production  of  (a)  a  guidance  document  on  the  application  of  the 
ecosystem-based  approach  to  the  marine  environment;  and  of  a  (b)  study  on  the 
identification of European Marine Regions on the basis of hydrological, oceanographic 
and bio-geographic features to guide implementation of the Strategy. 

Main organisations/experts consulted 

The  International  Council  for  the  Exploration  of  the  Seas  (ICES)  was  a  privileged 
partner  in  the  consultation  process  which  carried  out  the  work  on  the  two  above-
mentioned  documents.  A  number  of  additional  experts  and  scientific  organisations 
were also involved in the preparatory process.  

Summary of advice received and used 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has  been 
mentioned. There is a broad consensus on the existence of such risks. 

Broad  consensus  was  reached  on  the  magnitude  of  threats  facing  the  marine 
environment,  generating  potentially  irreversible  or  nonlinear  changes  to  marine 
ecosystems,  with  wide  ranging  economic  and  social  consequences.  The  principal 
threats  to  the  marine  environment  that  were  identified  include  effects  of  climate 
change; impacts of commercial fishing; oil spills and discharges; introduction of non-

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native  species;  eutrophication  and  the  related  growth  of  harmful  algal  blooms;  litter 
pollution;  contamination  by  dangerous  substances  and  microbiological  pollution; 
radionuclide discharges; and noise pollution. 

Climate Change and fisheries were highlighted as two of the most important pressures 
on the marine environment.  

In short, what emerges from this process is an unambiguous message that Europe's seas 
and  oceans  are  at  high  risk  and  efforts  to  protect  them  need  to  be  urgently  set  up  to 
safeguard  their  long  term  productivity  and  thus  marine-related  economic  and  social 
activities.  

Means used to make the expert advice publicly available 

All relevant analysis carried out during the preparatory phase of the proposed Directive 
will  be  made  available.  The  ICES  guidance  document  on  the  application  and 
implementation of the ecosystem-based approach has already been published by ICES 
and  will  be  made  available  from  the  Commission's  website.  The  ICES  study  on  EU 
Marine  Regions  has  been  made  available  to  all  stakeholders  through  the  CIRCA 
system.  

•  Impact assessment 

Two  main  options  were  considered.  The  first  option  consisted  of  a  strictly  voluntary 
approach  based  on  a  Commission  Communication  setting  out  non-binding 
recommendations  as  to  how  to  effectively  protect  Europe's  marine  environment 
through  developing  Regional  Marine  Strategies  at  the  level  of  Marine  Regions  to  be 
defined at EU level.  

The second option examined was the combination of a flexible legal instrument and of 
a  Communication.  The  legal  instrument  would  take  the  form  of  a  Marine  Strategy 
Directive,  ambitious  in  its  scope  but  not  overly  prescriptive  in  its  tools.  No  specific 
management measures would be set down at EU level as the Directive would have to 
be made operational and implemented at the regional level.  

In  addition  to  these  two  options,  a  no-action  scenario  was  considered  as  a  reference 
scenario  against  which  to  appraise  the  costs  anticipated  from  the  measures  proposed 
under the two options.  

The Commission carried out an impact assessment, which is accessible on the website 
of the Commission. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The end objective of the proposed Directive is to achieve good environmental status of 
the  marine  environment  by  2021.  The  proposed  Directive  will  only  define  common 
objectives and principles at EU level. The proposed Directive will establish European 
Marine  Regions  as  management  units  for  implementation.  For  their  marine  waters 
within  each  Marine  Region,  Member  States  will  be  required  to  develop  Marine 

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Strategies on the basis of the completion of a number of steps. In developing Marine 
Strategies, Member States will be invited to co-operate actively among themselves and 
also with relevant third countries. Finally, in order to take into account the particular 
contexts of certain Marine Regions, 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 the framework of the Directive. .  

•  Legal basis 

Article 175(1) of the EC Treaty is the appropriate legal basis.  

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

The marine environment does not accord with existing geo-political boundaries. It is by 
essence transboundary and therefore requires co-operation and common principles. In 
these  conditions,  applying  a  purely  national  approach  to  the  marine  environment  is 
doomed to fail.  

Member  States  bordering  marine  regions  may  well  come  to  different  conclusions 
concerning the approaches, diagnoses and programmes of measures to be set in place, 
irrespective of the unity of marine ecosystems. Member States may well take different 
and even contradictory routes and different lengths of time to take appropriate action, 
resulting in ineffective protection of the marine environment. 

The  result  would  be  that  the  marine  environment  would  not  improve.  The  ocean's 
capacity  to  absorb  new  pressures  on  the  marine  environment  such  as  climate  change 
and increased maritime transport would thus be significantly reduced. 

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

The proposal will establish a common EU framework to address shared challenges and 
will  establish  common  principles  and  approaches  to  the  protection  of  the  marine 
environment across Europe.  

While  several  EU  Member  States  have  developed  national  measures  to  protect  the 
marine  environment  and  have  been  actively  co-operating  in  relevant  international 
agreements,  progress  has  been  hampered  by  the  fact  that  national  measures  do  not 
influence  the  activities  of  other  countries  bordering  a  given  marine  area;  and 
international co-operation notably in the framework of regional marine conventions has 
produced  mixed  results  due  to  the  lack  of  enforcement  and  control  of  these 
organisations.  

The  proposed  legislative  instrument  is  limited  to  what  Member  States  cannot 
satisfactorily achieve - i.e. setting up an EU-wide framework through which Europe's 

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marine  environment  can  be  more  effectively  protected.  Detailed  objectives  and 
management  measures  required  to  achieve  good  environmental  status  in  each  EU 
Marine Region will not be defined at EU level.  

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The  proposed  legislative  instrument  takes  the  form  of  a  Marine  Strategy  Directive. 
Ample  scope  will  be  left  for  national  decision  and  regional  concertation.  The 
establishment of environmental targets at regional level and the planning and execution 
of measures required to deliver these targets and thus good environmental status of the 
marine environment in the European waters under the sovereignty or jurisdiction of EU 
Member States within each Marine Region will lie with Member States.  

The  administrative  burden  of  the  proposed  Directive  has  been  estimated  at 
approximately €90 million per annum for the EU as a whole in the first two years, €70 
million after that. On the other hand, there will be significant efficiency gains in terms 
of avoiding duplication in monitoring and assessment.  

There will be implementation costs resulting from programmes of measures agreed at 
regional  level.  It  is  foreseen  that  detailed  impact  assessments  of  the  programmes  of 
measures  to  be  developed  by  Member  States  will  be  carried  out  to  ensure  that 
environmental targets are achieved at a minimum cost.  

It  appears  from  the  Impact  Assessment  that  while  there  may  be  important  social  and 
economic  costs  in  the  short-term,  medium  and  long-term  environment,  social  and 
economic benefits will outweigh these costs by a considerable amount. 

•  Choice of instruments 

Proposed instruments: Marine Strategy Directive. 

Other means would not be adequate for the following reason(s). 

Developing a prescriptive legislative instrument (in the form of a Regulation or a more 
stringent  Directive)  would  have  been  an  option.  However,  a  Regulation  or  a  more 
stringent  Directive  would  have  resulted  in  neglecting  the  diversity  of  conditions  and 
needs  in  the  EU's  marine  environment  by  not  allowing  Member  States  to  make  a 
number  of  policy  choices  for  implementation  at  regional  level.  Therefore,  such  an 
approach was not retained. 

to 

implement 

Another option would have been to adopt a Recommendation outlining the steps to be 
level.  However,  as 
taken 
Recommendations  have  no  binding  force,  there  would  have  been  no  guarantee  that 
Member  States  would  have  committed  themselves  to  rigorous  implementation.  This 
option was therefore rejected. 

the  Marine  Strategy  at 

regional 

A  third  option  would  have  been  to  adopt  a  Decision,  binding  in  its  entirety  upon  the 

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limited number of Member States to whom it is addressed. However, as 20 out of 25 
Member  States  are  maritime  countries  and  planned  enlargements  will  increase  this 
trend;  and  as  effective  protection  of  the  marine  environment  also  requires  the 
involvement  of  land-locked  countries  in  a  regional  sea's  catchment  area,  targeting  a 
limited  number  of  specific  addressees  would  not  be  appropriate.  Finally,  a  Decision 
would not have provided any flexibility in terms of implementation as it is binding in 
its entirety. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

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2005/0211 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

establishing a Framework for Community Action in the field of Marine Environmental 
Policy 
(Marine Strategy Directive) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
175(1) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

(3) 

The  marine  environment  is  a  precious  heritage  that  must  be  protected,  restored  and 
treated  as  such  with  the  ultimate  aim  of  providing  biologically  diverse  and  dynamic 
oceans and seas that are safe, clean, healthy and productive. 

In  line  with  Decision  No  1600/2002/EC  of  the  European  Parliament  and  of  the 
Council  of  22  July  2002  laying  down  the  Sixth  Community  Environment  Action 
Programme,  a  thematic  strategy  for  the  protection  and  conservation  of  the  marine 
environment  should  be  developed,  within  three  years  of  the  adoption  of  that 
Programme,  with  the  overall  aims  of  promoting  sustainable  use  of  the  seas  and 
conserving marine ecosystems.  

In  order  to  promote  sustainable  use  of  the  seas  and  to  conserve  marine  ecosystems, 
priority should be given to achieving good environmental status in the Community’s 
marine  environment, 
that 
environment, and to ensuring that subsequent deterioration is prevented.  

the  protection  and  preservation  of 

to  continuing 

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OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

In order to achieve those objectives, a transparent and coherent legislative framework 
is required, to provide an overall framework for action and to enable the action taken 
to  be  coordinated,  and  consistent,  and  properly  integrated  with  action  under  other 
Community legislation as well as international agreements.  

The diverse conditions, problems and needs of the various Marine Regions making up 
the  marine  environment  in  the  Community  require  different  and  specific  solutions. 
That diversity should be taken into account in the preparation, planning and execution 
of  measures  to  achieve  good  environmental  status  in  the  Community’s  marine 
environment in the framework of Marine Regions and Sub-Regions.  

It is therefore appropriate that each Member State should develop  a Marine Strategy 
for  its  European  waters  which,  while  being  specific  to  its  own  waters,  reflects  the 
overall  perspective  of  the  Marine  Region  concerned.  Marine  Strategies  should 
culminate  in  the  execution  of  programmes  of  measures  designed  to  achieve  good 
environmental status. 

By reason of the transboundary nature of the marine environment, the development of 
Marine  Strategies  should  be  coordinated  for  each  Marine  Region.  Since  Marine 
Regions are shared both with other Member States and with third countries, Member 
States  should  endeavour  to  ensure  the  closest  possible  coordination  with  all  the 
Member  States  and  other  countries  concerned.  Where  practical  and  appropriate, 
existing institutional structures established in Marine Regions should be used to ensure 
such coordination. 

Since  action  at  international  level  is  indispensable  for  the  attainment  of  those 
objectives,  this  Directive  should  enhance  the  effectiveness  of  the  Community’s 
contribution under international agreements. 

The Community and Member States are a party to the United Nations Convention on 
the  Law  of  the  Seas  (UNCLOS)  approved  by  Council  Decision  98/392/EC  of  23 
March 1998 concerning the conclusion by the European Community of the UNCLOS 
and  the  Agreement  of  28  July  1994  relating  to  the  implementation  of  Part  XI 
thereof(5).  The  obligations  of  the  Community  and  Member  States  under  those 
agreements should therefore be fully taken into account in this Directive. 

(10)  This Directive should also support the strong position taken by the Community, in the 
context  of  the  Convention  on  Biological  Diversity6,  on  halting  biodiversity  loss, 
ensuring  the  conservational  and  sustainable  use  of  marine  biodiversity  and  on  the 
creation of a global network of marine protected areas by 2012. Additionally, it should 
contribute  to  the  achievement  of  the  objectives  of  the  Seventh  Conference  of  the 
Parties  to  the  Convention  on  Biological  Diversity  (CBD/COP7),  which  adopted  an 
elaborate  programme  of  work  on  marine  and  coastal  biodiversity  with  a  number  of 
goals, targets and activities aimed at halting the loss of biological diversity nationally, 
regionally  and  globally  and  at  securing  the  capacity  of  the  marine  ecosystem  to 
support  the  provision  of  goods  and  services,  and  a  programme  of  work  on  protected 
areas  with  the  objective  of  establishing  and  maintaining  ecologically  representative 

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6 

OJ L 179, 23.6.1998, p.1. 
Council Decision 93/626/EC, JO L 309, 13.12.1993, p. 1-20 

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national  and  regional  systems  of  marine  protected  areas  by  2012.  The  obligation  for 
Member States to designate Natura 2000 sites under the Habitats Directive will make 
an important contribution to this process. 

(11)  This Directive should contribute to the fulfilment of the obligations of the Community 
and  the  Member  States  under  several  other  relevant  international  agreements  under 
which they have entered into important commitments relating to the protection of the 
marine  environment  from  pollution:  the  Convention  on  the  Protection  of  the  Marine 
Environment of the Baltic Sea Area, approved by Council Decision 94/157/EC (7),the 
Convention for the Protection of the Marine Environment of the North-East Atlantic, 
approved by Council Decision 98/249/EC (8), and its new Annex V on the Protection 
and  Conservation  of  the  Ecosystems  and  Biological  Diversity  of  the  Maritime  Area 
and the related Appendix III, approved by Council Decision 2000/340/EC(9), and the 
Convention for the Protection of the Marine Environment and the Coastal Region of 
the  Mediterranean,  as  amended  in  1995  and  approved  by  Council  Decision 
77/585/EEC(10), and its Protocol for the Protection of the Mediterranean Sea Against 
Pollution from Land-Based Sources, approved by Council Decision 83/101/EEC (11).  

(12)  Since the programmes of measures executed under Marine Strategies will be effective 
only if they are devised on the basis of a sound knowledge of the state of the marine 
environment in a particular area and tailored as closely as possible to the needs of the 
waters concerned in the case of each Member State and within the general perspective 
of  the  Marine  Region  concerned,  it  is  necessary  to  provide  for  the  preparation  at 
national level of an appropriate framework for informed policy-making.  

(13)  As  a  first  step  in  that  preparation,  Member  States  across  a  Marine  Region  should 
undertake  analyses  of  the  characteristics  of  their  marine  waters,  identifying  the 
predominant pressures and impacts on those waters, their economic and social use and 
the cost of degradation of the marine environment.  

(14)  On the basis of such analyses, Member States should then determine for the European 
waters a set of characteristics for good environmental status. For those purposes, it is 
appropriate to make provision for generic qualitative descriptors, detailed criteria and 
standards to be developed in the near future by the Commission with the involvement 
of all interested parties.  

(15)  The  next  step  towards  achieving  good  environmental  status  should  be  the 
establishment  of  environmental  targets  and  monitoring  programmes  for  ongoing 
assessment,  enabling  the  state  of  the  waters  concerned  to  be  evaluated  on  a  regular 
basis.  

(16)  On  the  basis  of  those  frameworks,  Member  States  should  establish  and  implement 
programmes of measures which are designed to achieve good environmental status in 
the  waters  concerned,  while  accommodating  existing  Community  and  international 
requirements and the needs of the Marine Region concerned.  

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11 

OJ L 73, 16.3.1994, p.19. 
OJ L 104, 3.4.1998, p.1. 
OJ L 118, 8.5.2000, p.44. 
OJ L 240, 19.9.1977, p.1. Decision as amended by Decision 99/802/EC (OJ L 322, 14.12.1999). 
OJ L 67, 12.3.1983, p.1. 

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(17)  Although  it  is  appropriate,  given  the  precision  of  focus  needed,  that  those  steps  be 
undertaken  by  the  Member  States,  it  is  essential,  in  order  to  ensure  the  cohesion  of 
action  across  the  Community  as  a  whole  and  in  relation  to  commitments  at  global 
level,  to  make  both  the  preparatory  framework  and  the  programmes  of  measures 
subject to the approval of the Commission. 

(18)  For  reasons  of  fairness  and  feasibility,  it  is  appropriate  to  make  provision  for  cases 
where it would be impossible for a Member State to achieve the level of ambition of 
the environmental targets set.  

(19) 

In  that  context,  it  is  necessary  to  make  provision  for  two  types  of  special  case.  The 
first  concerns  a  situation  where  it  is  impossible  for  the  Member  State  to  meet  its 
environmental  targets  because  of  action  or  inaction  on  the  part  of  another  country, 
natural  causes  or  force  majeure,  or  because  of  actions  which  that  Member  State  has 
itself  taken  for  reasons  of  public  interest  which  were  held  to  outweigh  the  negative 
impact  on  the  environment.  It  is  appropriate  to  allow  Member  States  to  take  ad  hoc 
measures in such cases in lieu of measures integrated in its programme of measures. 
Ad  hoc  measures  should  be  designed  to  prevent  further  deterioration  in  the  status  of 
the  marine  waters  affected  and  to  mitigate  the  adverse  impact  within  the  Marine 
Region concerned.  

(20)  The second type of special case is that where a Member State identifies an issue which 
has an impact on the environmental status of its European marine waters, even perhaps 
of  the  entire  Marine  Region  concerned,  but  cannot  be  tackled  by  measures  taken  at 
national  level.  In  such  cases,  provision  should  be  made  for  the  Commission  to  be 
informed in the framework of submission of programmes of measures. 

(21)  However, it is necessary that the flexibility introduced for special cases be subject to 
control at Community level. As regards the first type of case, it is therefore appropriate 
that, in the course of the assessment to be made by the Commission before approving 
the programme of measures, due consideration be given to the efficacy of any ad hoc 
measures taken. Moreover, in cases where the Member State refers to action taken for 
overriding  reasons  of  public  interest,  the  Commission  should  ensure  that  any 
modifications or alterations made to the marine environment as a consequence do not 
permanently exclude or compromise the achievement of good environmental status in 
the Marine Region concerned.  

(22)  As regards the second type of special case, the Commission should, before approving 
the  programme  of  measures,  consider  the  validity  of  the  view  taken  by  the  Member 
State concerned, that is to say, that measures taken at national level would not suffice, 
hence that action at Community level is necessary. 

(23) 

In  view  of  the  dynamic  nature  of  marine  ecosystems  and  of  their  natural  variability, 
and of the fact that the pressures and impacts on them will vary with the evolvement of 
different patterns of human activity and the impact of climate change, it is essential to 
recognise that the definition of good environmental status is dynamic and flexible and 
must  be  adapted  over  time.  Accordingly,  it  is  appropriate  that  protection  of  marine 
environment  be  flexible  and  adaptive.  It  is  necessary,  therefore,  to  provide  for  the 
updating of Marine Strategies on a regular basis.  

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(24) 

It  is  also  necessary  to  provide  for  the  publication  of  programmes  of  measures  and 
updates thereof, and for interim reports to be presented to the Commission, describing 
progress in the implementation of the programme.  

(25)  To  ensure  the  active  involvement  of  the  general  public  in  the  establishment, 
implementation  and  updating  of  Marine  Strategies,  it  is  necessary  to  provide  proper 
information on the different elements of Marine Strategies, or their related updates, as 
well  as,  upon  request,  relevant  background  documents  and  information  used  for  the 
development of the Marine Strategies. 

(26) 

It  is  appropriate  that  the  Commission  should  present  a  first  evaluation  report  on  the 
implementation  of  this  Directive  within  two  years  of  receiving  all  programmes  of 
measures  and,  in  any  case,  by  2021  at  the  latest.  Subsequent  Commission  reports 
should be published every six years thereafter. 

(27)  Provision  should  be  made  for  the  adoption  of  adaptations  of  standards  for  the 
assessment of the status of the marine environment, monitoring, environmental targets 
and  of  technical  formats  for  the  purposes  of  transmission  and  processing  of  data  in 
order to be compatible with Directive 12. 

(28)  Measures  regulating  fisheries  management  can  only  be  taken  in  the  context  of  the 
Common Fisheries Policy, as set out in Council Regulation (EC) No 2371/2002 of 20 
December 2002 on the conservation and sustainable exploitation of fisheries resources 
under the Common Fisheries Policy,13 based on scientific advice, and are therefore not 
addressed  by  this  Directive.  The  control  of  discharges  and  emissions  resulting  from 
the use of radioactive material is regulated by Articles 30 and 31 of the EURATOM 
Treaty and is therefore not addressed by this Directive. 

(29)  Since  the  objectives  of  the  action  to  be  taken  cannot  be  sufficiently  achieved  by  the 
Member States and can therefore, by reason of the scale and effects of the action, be 
better  achieved  at  Community  level,  the  Community  may  adopt  measures,  in 
accordance  with  the principle of subsidiarity as set out in Article 5 of  the Treaty. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Directive does not go beyond what is necessary in order to achieve those objectives. 

(30)  This Directive respects the fundamental rights and observes the principles recognised 
in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union.  In 
particular,  this  seeks  to  promote  the  integration  into  Community  policies  of  a  high 
level  of  environmental  protection  and  the  improvement  of  environmental  quality  in 
accordance with the principle of sustainable development as laid down in Article 37 of 
the Charter of Fundamental Rights of the European Union.  

(31)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission14, 

12 
13 
14 

insert reference to INSPIRE Directive once adopted 
OJ L 358, 31/12/2002, p. 59. 
OJ L 184, 17.7.1999, p. 23. 

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HAVE ADOPTED THIS DIRECTIVE: 

Chapter I 
General provisions 

Article 1 
Subject-matter 

This Directive establishes a framework for the development of Marine Strategies designed to 
achieve good environmental status in the marine environment [by the year 2021 at the latest], 
and  to  ensure  the  continued  protection  and  preservation  of  that  environment  and  the 
prevention of deterioration. 

For  the  purposes  of  this  Directive,  “environmental  status”  means  the  overall  state  of  the 
environment in marine waters, taking into account the structure, function and processes of the 
constituent  marine  ecosystems  together  with  natural  physiographic,  geographic  and  climatic 
factors,  as  well  as  physical  and  chemical  conditions  including  those  resulting  from  human 
activities in the area concerned.  

Article 2 
Scope 

This Directive is applicable to all European waters on the seaward side of the baseline from 
which the extent of territorial waters is measured extending to the outmost reach of the area 
covered  by  the  sovereignty  or  jurisdiction  of  Member  States  including  the  bed  of  all  those 
waters and its sub-soils, hereinafter “European marine waters”. 

1. 

2. 

Article 3 
Marine Regions and Sub-Regions 

Member States shall, when implementing their obligations under this Directive, take 
due account of the fact that their European marine waters form an integral part of the 
following Marine Regions: 

(a) 

the Baltic Sea; 

(b) 

the North East Atlantic Ocean; 

(c) 

the Mediterranean Sea. 

Member  States  may,  in  order  to  take  into  account  the  specificities  of  a  particular 
area,  implement  this  Directive  by  reference  to  subdivisions  of  the  marine  waters 
referred to in paragraph 1, provided that such subdivisions are delimited in a manner 
compatible with the following Marine Sub-Regions:  

(a) 

in the North-East Atlantic: 

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(i) 

in the Greater North Sea, including the Kattegat, the English Channel, the 
marine  waters  covered  by  the  sovereignty  or  jurisdiction  of  Belgium, 
Denmark,  France,  Germany,  the  Netherlands,  Sweden  and  the  United 
Kingdom; 

(ii) 

in  the  Celtic  Seas,  the  marine  waters  covered  by  the  sovereignty  or 
jurisdiction of Ireland and the United Kingdom; 

(iii) 

in the Bay of Biscay and the Iberian Coast, the marine waters covered by 
the sovereignty or jurisdiction of France, Portugal and Spain; 

(iv) 

in  the  Atlantic  Ocean,  the  marine  waters  covered  by  the  sovereignty  or 
jurisdiction  of  Portugal  surrounding  the  Azores  and  Madeira,  and  of 
Spain, surrounding the Canary Islands; 

(b) 

in the Mediterranean: 

(i) 

in  the  Western  Mediterranean  Sea,  the  marine  waters  covered  by  the 
sovereignty or jurisdiction of Spain, France and Italy; 

(ii) 

in  the  Adriatic  Sea,  the  marine  waters  covered  by  the  sovereignty  or 
jurisdiction of Italy and Slovenia; 

(iii) 

in  the  Ionian  Sea,  the  marine  waters  covered  by  the  sovereignty  or 
jurisdiction of Greece, Italy and Malta; 

(iv) 

in  the  Aegean-Levantine  Sea,  the  marine  waters  covered  by  the 
sovereignty or jurisdiction of Greece and Cyprus. 

Member States shall inform the Commission of any subdivision by the date specified 
in the first subparagraph of Article 23(1). 

Article 4 
Marine Strategies 

Each  Member  State  shall,  in  respect  of  each  Marine  Region  concerned,  develop  a  Marine 
Strategy for its European marine waters in accordance with the following plan of action: 

(a) 

Preparation: 

(i) 

an  initial  assessment,  to  be  completed  by  [4  years  after  date  of  entry  into 
force],  of  the  current  environmental  status  of  the  waters  concerned  and  the 
environmental impact of human  activities thereon, in accordance with Article 
7; 

(ii) 

a determination, to be established by [4 years after date of entry into force], of 
good environmental status for the waters concerned, in accordance with Article 
8(1); 

(iii)  establishment,  by  [5  years  after  date  of  entry  into  force],  of  a  series  of 

environmental targets, in accordance with Article 9(1); 

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(iv)  establishment  and  implementation,  by  [6  years  after  date  of  entry  into  force] 
except  where  otherwise  specified  in  the  relevant  Community  legislation,  of  a 
monitoring programme for ongoing assessment and regular updating of targets, 
in accordance with Article 10(1);  

(b) 

Programmes of measures:  

(i) 

development,  by  2016  at  the  latest,  of  a  programme  of  measures  designed  to 
achieve good environment status, in accordance with Article 12(1), (2) and (3); 

(ii) 

entry into operation of the programme provided for in point (i), by 2018 at the 
latest, in accordance with Article 12(6). 

Article 5 
Co-ordination and co-operation 

1. 

2. 

For  the  purposes  of  this  Directive,  Member  States  with  marine  waters  within  the 
same Marine Region or Sub-Region shall co-ordinate their actions. 

Where  practical  and  appropriate,  Member  States  shall  use  existing  institutional 
structures established in that Marine Region or Sub-Region.  

For the purposes of this Directive, Member States shall, within each Marine Region 
or  Sub-Region,  make  every  effort  to  co-ordinate  their  actions  with  third  countries 
having sovereignty or jurisdiction over waters in the same Region or Sub-Region.  

In  that  context,  Member  States  shall,  as  far  as  possible,  build  upon  existing 
programmes and activities developed in the framework of structures stemming from 
international agreements. 

Article 6 
Competent authorities 

1. 

Member States shall, by the date specified in the first subparagraph of Article 23(1), 
designate  for  each  Marine  Region  concerned  the  competent  authority  for  the 
implementation of this Directive with respect to their European marine waters. 

Within six months of that date, Member States shall provide the Commission with a 
list  of  the  competent  authorities  designated,  together  with  the  items  of  information 
listed in Annex I. 

At  the  same  time,  Member  States  shall  send  the  Commission  a  list  of  the  national 
competent  authorities  of  all  the  relevant  international  bodies  in  which  they 
participate.  

2. 

Member  States  shall  inform  the  Commission  of  any  changes  to  the  information 
provided pursuant to paragraph 1 within three months of such a change coming into 
effect. 

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Chapter II 
Marine Strategies: Preparation 

Article 7 
Assessment 

1. 

Member  States  shall  make  an  initial  assessment  of  their  European  marine  waters, 
comprising the following: 

(a) 

(b) 

an analysis of the essential characteristics and current environmental status of 
those waters, based on the non-exhaustive list of elements set out in Table 1 of 
Annex  II,  and  covering  the  habitat  types,  the  biological  components,  the 
physico-chemical characteristics and the hydromorphology;  

an  analysis  of  the  predominant  pressures  and  impacts,  including  human 
activity, on the characteristics and environmental status of those waters based 
on  the  non-exhaustive  list  of  elements  set  out  in  Table  2  of  Annex  II,  and 
covering the qualitative and quantitative mix of the various pressures, as well 
as discernible trends; 

(c) 

an economic and social analysis of their use and of the cost of degradation of 
the marine environment. 

The  analyses  referred  to  in  paragraph  1  shall  take  into  account  elements  regarding 
coastal, transitional and territorial waters covered by relevant provisions of Directive 
2000/60/EC so as to produce a comprehensive assessment of the status of the marine 
environment. 

Article 8 
Determination of good environmental status 

By reference to the initial assessment made pursuant to Article 7(1), Member States 
shall,  in  respect  of  each  Marine  Region  concerned,  determine  for  the  European 
marine waters a set of characteristics for good environmental status, on the basis of 
the generic qualitative descriptors, criteria and standards provided for in paragraph 3.  

They  shall  take  into  account  the  elements  listed  in  Annex  II  and,  in  particular,  the 
habitat  types,  the  biological  components,  the  physico-chemical  characteristics,  the 
hydromorphology. 

Member  States  shall  notify  to  the  Commission  the  assessment  made  pursuant  to 
Article  7(1)  and  the  determination  made  pursuant  to  paragraph  1  of  this  Article  no 
later than three months after completion of the latter. 

The Commission, after consultation of all interested parties, shall, by [2 years after 
the date of entry into force] at the latest, lay down, in accordance with the procedure 
referred  to  in  Article  [22(2)]  and  on  the  basis  of  Annex  II,  generic  qualitative 

2. 

1. 

2. 

3. 

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descriptors, detailed criteria and standards for the recognition of good environmental 
status.  

Article 9 
Establishment of environmental targets 

1. 

On the basis of the initial assessment made pursuant to Article 7(1), Member States 
shall, in respect of each Marine Region concerned, establish a comprehensive set of 
environmental  targets  and  associated  indicators  for  all  of  their  European  marine 
waters, taking into account the non-exhaustive list of characteristics set out in Annex 
III.  

When  devising  those  targets  and  indicators,  Member  States  shall  take  into  account 
the  continuing  application  of  existing  environmental  targets,  set  out  at  national, 
Community or international level in respect of the same waters. 

2. 

Member  States  shall  notify  the  environmental  targets  to  the  Commission  no  later 
than three months after their establishment. 

Article 10 
Establishment of monitoring programmes  

1. 

2. 

3. 

On the basis of the initial assessment made pursuant to Article 7(1), Member States 
shall establish and implement co-ordinated monitoring programmes for the ongoing 
assessment of the environmental status of their European marine waters on the basis 
of  the  lists  set  out  in  Annexes  II  and  IV,  and  by  reference  to  the  environmental 
targets established pursuant to Article 9.  

Those  programmes  shall  be  consistent  within  Marine  Regions  or  Sub-Regions  and 
shall  build  upon  provisions  for  assessment  and  monitoring  laid  down  by  relevant 
Community legislation or under international agreements. 

Member States shall notify the monitoring programmes to the Commission no later 
than three months after their establishment. 

Where appropriate, the Commission shall, in accordance with the procedure referred 
to  in  Article  [22(2)],  adopt  specifications  and  standardised  methods  for  monitoring 
and  assessment  which  take  into  account  existing  commitments  and  ensure 
comparability between monitoring and assessment results. 

Article 11 
Approval 

On the basis of all the notifications made pursuant to Articles 7(1), 8(2), 9(2) and 10(2) within 
each Marine Region, the Commission shall assess whether, in the case of each Member State, 
the elements notified constitute a framework which meets the requirements of this Directive. 

In  making  those  assessments,  the  Commission  shall  consider  the  coherence  of  frameworks 
within the different Marine Regions and across the Community. 

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For the purposes of the assessment, the Commission may ask the Member State concerned to 
provide any additional information necessary to enable it to arrive at its decision. 

Within  six  months  of  receiving  notification  of  the  monitoring  programmes  established 
pursuant to Article 10, the Commission may decide, in the case of any Member State, to reject 
the framework or any element thereof, on the basis that it does not comply with this Directive. 

Chapter III 
Marine Strategies: Programmes of measures 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

Article 12 
Programmes of measures 

Member  States  shall,  in  respect  of  each  Marine  Region  concerned,  identify  the 
measures which need to be taken in order to achieve good environmental status, as 
determined pursuant to Article 8(1), in all of their European marine waters.  

Those measures shall be devised on the basis of the initial assessment made pursuant 
to Article 7(1) and by reference to the environmental targets established pursuant to 
Article 9(1), and taking into consideration the types of measure listed in Annex V.  

Member  States  shall  integrate  the  measures  devised  pursuant  to  paragraph  1  into  a 
programme  of  measures,  taking  into  account  measures  required  under  relevant 
Community legislation or international agreements. 

When  drawing  up  the  programme  of  measures  pursuant  to  paragraph  2,  Member 
States shall give due consideration to sustainable development and, in particular, to 
the social and economic impacts of the measures envisaged. 

Member States shall ensure that measures are cost-effective, technically feasible and 
shall carry out impact assessments, including detailed cost-benefit analyses, prior to 
the introduction of any new measure.  

Member States shall indicate in their programmes of measures how the measures are 
to be implemented and how they will contribute to achievement of the environmental 
targets established pursuant to Article 9(1). 

Member States shall notify the Commission and any other Member State concerned 
of their programmes of measures, within three months of their completion. 

Subject  to  Article  15,  Member  States  shall  ensure  that  the  programmes  are  made 
operational within two years of their completion. 

Article 13 
Special areas 

Where a Member State identifies an area within its European marine waters where, 
because  of  any  of  the  following  reasons,  the  environmental  targets  cannot  be 
achieved  through  measures  taken  by  that  Member  State,  it  shall  identify  that  area 

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clearly in its programme of measures and provide the Commission with the evidence 
necessary to substantiate its view: 

(a) 

action or inaction on the part of another Member State or a third country; 

(b)  natural causes or force majeure; 

(c)  modifications  or  alterations  to  the  physical  characteristics  of  marine  waters 
brought about by actions taken for overriding reasons of public interest which 
outweighed the negative impact on the environment. 

However,  the  Member  State  concerned  shall  take  appropriate  ad  hoc  measures  to 
prevent  further  deterioration  in  the  status  of  the  marine  waters  affected  and  to 
mitigate the adverse impact within the Marine Region concerned. 

In the situation covered by point (c) of paragraph 1, Member States shall ensure that 
the  modifications  or  alterations  do  not  permanently  exclude  or  compromise  the 
achievement of good environmental status in the Marine Region concerned. 

The  ad  hoc  measures  referred  to  in  the  second  subparagraph  of  paragraph  1  shall 
form an integral part of a programme of measures. 

2. 

3. 

Article 14 
Information 

Where a Member State identifies an issue which has an impact on the environmental status of 
its  European  marine  waters  and  which  cannot  be  tackled  by  measures  adopted  at  national 
level,  it  shall  inform  the  Commission  accordingly  and  provide  the  evidence  necessary  to 
substantiate its view. 

Article 15 
Approval 

On the basis of the notifications of programmes of measures made pursuant to Article 12(5), 
the  Commission  shall  assess  whether,  in  the  case  of  each  Member  State,  the  programmes 
notified  constitute  an  appropriate  means  of  achieving  good  environmental  status  as 
determined pursuant to Article 8(1). 

In  making  that  assessment,  the  Commission  shall  consider  the  coherence  across  the 
Community of programmes of measures. 

For the purposes of the assessment, the Commission may ask the Member State concerned to 
provide any additional information necessary to enable it to arrive at its decision. 

Within six months of receiving notification of the programmes of measures, the Commission 
may decide, in the case of any Member State, to reject a programme or any aspect thereof, on 
the basis that it does not comply with this Directive. 

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Chapter IV 
Updating, reports and public information 

Article 16 
Updating 

1. 

2. 

Member States shall ensure that, in respect of each Marine Region concerned, their 
Marine Strategies are kept up-to-date. 

For the purposes of paragraph 1, Member States shall review the following elements 
of their Marine Strategies every six years after their initial establishment: 

(a) 

the  initial  assessment  and  the  determination  of  good  environmental  status, 
provided for in Articles 7(1) and 8(1), respectively; 

(b) 

the environmental targets established pursuant to Article 9(1); 

(c) 

the monitoring programmes established pursuant to Article 10(1); 

(d) 

the programmes of measures established pursuant to Article 12(2). 

3. 

Details of any updates made following the reviews provided for in paragraph 2 shall 
be sent to the Commission and to any other Member States concerned within three 
months of their publication in accordance with Article 18(2). 

4. 

Articles 11 and 15 shall apply mutatis mutandis. 

Article 17 
Interim reports 

Member States shall, within three years of the publication of each programme of measures or 
update thereof in accordance with Article 18(2), submit to the Commission an interim report 
describing progress in the implementation of that programme. 

Article 18 
Public consultation and information 

1. 

2. 

In  accordance  with  Directive  2003/35/EC,  Member  States  shall  ensure  the  active 
involvement  of  all  interested  parties  in  the  implementation  of  this  Directive,  in 
particular  in  the  establishment  of  the  Marine  Strategies  provided  for  in  Chapters  II 
and III, and their updating in accordance with Article 16. 

Member  States  shall  publish  and  make  available  for  comments  to  the  public 
summaries  of  the  following  elements  of  their  Marine  Strategies,  or  the  related 
updates: 

(a) 

the  initial  assessment  and  the  determination  of  good  environmental  status, 
provided for in Articles 7(1) and 8(1), respectively; 

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(b) 

the environmental targets established pursuant to Article 9(1); 

(c) 

the monitoring programmes established pursuant to Article 10(1); 

(d) 

the programmes of measures established pursuant to Article 12(2). 

3. 

In  accordance  with  Directive  2003/4/EC,  access  shall  be  given  upon  request  to 
background  documents  and  information  used  for  the  development  of  the  Marine 
Strategies.  In  particular,  the  data  and  information  resulting  from  the  initial 
assessment  and  the  monitoring  programmes  shall  be  made  available  to  the  public 
over the internet or any other appropriate means of telecommunication.  

Member States shall provide the Commission, for the performance of its tasks, with 
unrestricted access and use rights in respect of that data and information. 

Article 19 
Commission reports 

1. 

The Commission shall publish a first evaluation report on the implementation of this 
Directive within two years of receiving all programmes of measures and, in any case, 
by 2021 at the latest.  

The Commission shall publish further reports every six years thereafter.  

It shall submit the reports to the European Parliament and to the Council. 

2. 

The reports provided for in paragraph 1 shall include the following: 

(a) 

a review of progress in the implementation of this Directive; 

(b) 

(c) 

(d) 

(e) 

(f) 

a review of the status of the marine environment in the Community, undertaken 
in  co-ordination  with  the  European  Environment  Agency  and  the  relevant 
regional marine and fisheries organisations and conventions;  

a  survey  of  the  Marine  Strategies,  together  with  suggestions  for  their 
improvement;  

a  summary  of  the  assessments  made  by  the  Commission,  in  accordance  with 
Article 15, in relation to information received from the Member States pursuant 
to Article 14; 

a summary of the response to each of the reports to the Commission made by 
Member States pursuant to Article 17; 

a  summary  of  the  responses  to  comments  made  by  the  European  Parliament 
and the Council on previous Marine Strategies. 

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Article 20 
Review of this Directive 

The  Commission  shall  review  this  Directive  by  [15  years  after  the  date  of  entry  into  force] 
and shall, where appropriate, propose any necessary amendments. 

Chapter V 
Final provisions 

Article 21 
Technical adaptations  

1. 

2. 

1. 

2. 

Annexes  II,  III  and  IV  shall  be  adapted  to  scientific  and  technical  progress  in 
accordance with the procedure referred to in Article [22(2)], taking into account the 
periods for the review and updating of Marine Strategies, laid down in Article 16(2).  

Where necessary, the Commission may, in accordance with the procedure referred to 
in Article [22(2)], adopt the following: 

(a) 

standards for the application of Annexes [II], [III] and [IV]; 

(b) 

technical  formats  for  the  purposes  of  transmission  and  processing  of  data, 
including statistical and cartographic data.  

Article 22 
Committee 

The Commission shall be assisted by the committee established by Article [21(1)] of 
Directive 2000/60/EC, hereinafter referred to as "the Committee". 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8  thereof. 
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 

3. 

The Committee shall adopt its Rules of Procedure. 

Article 23 
Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [three years after the date of 
entry into force] at the latest. They shall forthwith communicate to the Commission 
the text of those provisions and a correlation table between those provisions and this 
Directive. 

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When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member  States  shall  communicate  to  the  Commission  the  texts  of  the  main 
provisions of national law which they adopt in the field covered by this Directive. 

Article 24 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union.  

Article 25 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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Annex I 
Article 6(2) 

(1) 

(2) 

(3) 

(4) 

(5) 

Name and address of the competent authority – the official name and address of the 
authority identified. 

Legal  status  of  competent  authority  –  a  description  of  the  legal  status  of  the 
competent authority and, where relevant, a summary or copy of its statute, founding 
treaty or equivalent legal document. 

Responsibilities – a description of the legal and administrative responsibilities of the 
competent authority and of its role for the marine waters concerned. 

Membership – when the competent authority acts as a co-ordinating body for other 
competent authorities, a list is required of these bodies together with a summary of 
the institutional relationships established in order to ensure co-ordination. 

Regional  co-ordination  -  a  summary  is  required  of  the  mechanisms  established  in 
order  to  ensure  co-ordination  between  the  Member  States  whose  European  marine 
waters fall within the same Marine Region. 

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Physical  and  chemical 
features. 

Habitat types 

Biological Elements 

Annex II 
Articles 7(1), 8(1) and 10(1) 

Table 1 – Characteristics 

-  bathymetric features; 

- 

- 

annual and seasonal temperature regime; 

predominant 
currents 
cycling/replacement times; 

and 

estimated 

re-

- 

salinity including trends and gradients across the region. 

-  The predominant habitat type(s) with a description of the 
features-depth, 
characteristic  physical  and  chemical 
temperature  regime,  currents,  salinity,  structure  and 
substrate of the bed; 

- 

Identification  and  mapping  of  special  habitat  types 
especially  those  recognised  or  identified  under  EU 
legislation  (habitats  and  birds  directives)  or  international 
conventions  as  being  of  special  scientific  or  biodiversity 
interest;  

-  Other 

their 
special  areas  which  by  virtue  of 
characteristics,  location,  or  strategic  importance  merit  a 
particular  reference.  This  may  include  areas  subject  to 
intense  or  specific  pressures  or  areas  which  merit  a 
specific protection regime. 

-  A  description  of  the  biological  communities  associated 
with  the  predominant  habitats.  This  would  include 
information of the typical phytoplankton and zooplankton 
communities  including  the  typical  species,  seasonal  and 
geographical  variability  and  estimates  of  primary  and 
secondary  productivity.  Information  on  the  invertebrate 
bottom  fauna  including  species  composition,  biomass, 
productivity  and  annual/seasonal  variability  should  also 
be provided. Finally, information on the structure of fish 
populations  including  the  abundance,  distribution  and 
age/size structure of the populations should be presented. 

-  A  description  of  the  population  dynamics,  natural  and 
actual  range  and  status  of  all  species  of  marine  mammal 
occurring in the region/sub-region. For species covered by 
EU 
international 
agreements,  a  description  of  the  main  threats  and 
protection/management measures in place should also be 
provided; 

(habitats  directive)  or 

legislation 

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-  A  description  of  the  population  dynamics,  natural  and 
actual range and status of all species of seabirds occurring 
in  the  region/sub-region.  For  species  covered  by  EU 
legislation (birds directive) or international agreements, a 
and 
description 
protection/management  measures  in  place  shall  also  be 
provided; 

threats 

main 

the 

of 

-  A  description  of  the  population  dynamics,  natural  and 
actual range and status of all other species occurring in the 
region/sub-region which are the subject of EU legislation 
or international agreements including a description of the 
main  threats  and  protection/management  measures  in 
place. 

-  An 

inventory  of 

the  occurrence,  abundance  and 
distribution  of  non-indigenous,  exotic  species  which  are 
present in the region/sub-region. 

-  A description of incidences of nutrient enrichment-inputs, 
sediment/water 
(currents 

nutrient 
interactions), spatial distribution, consequences; 

cycling 

and 

Other Features 

-  A  description  of  the  general  state  of  chemical  pollution 
including  problem  chemicals,  sediment  contamination, 
hot spots, health issues (contamination of fish flesh); 

-  Any  other  features,  characteristics  typical/peculiar  to  the 

region/sub-region ( e.g. dumped munitions) 

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General 

Table 2 - Pressures and Impacts 

Pollution in the form of the direct or indirect introduction, as a result of human activity, of
substances or energy, including human-induced marine underwater noise, into the marine 
environment which results or is likely to result in such deleterious effects as harm to living
resources  and  marine  life,  hazards  to  human  health,  hindrance  to  marine  activities,
including fishing, tourism and recreation and other legitimate uses of the sea, impairment 
of quality for use of sea water and reduction of amenities. 

Physical loss 

Smothering (e.g. by artificial structures, disposal of dredge spoil) 

Sealing (e.g. by permanent constructions) 

Physical damage 

Siltation (e.g. run-off, dredging, outfalls) 

Abrasion (e.g. boating, anchoring, ) 

Selective extraction (e.g. aggregate dredging, entanglement) 

Non-physical disturbance 

Noise (e.g. boat activity, seismic) 

Visual (e.g. recreational activity) 

Toxic contamination 

Introduction  of  synthetic  compounds  (e.g.  pesticides,  antifoulants, 
PCBs) 

Introduction  of  non-synthetic  compounds 
hydrocarbons) 

(e.g.  heavy  metals, 

Non-toxic contamination 

Nutrient enrichment (e.g. agricultural run-off, outfalls) 

Introduction of radio nuclides

Organic enrichment (e.g. mariculture, outfalls) 

Changes in thermal regime (e.g. outfalls, power stations) 

Changes in turbidity (e.g. run-off, dredging) 

Biological disturbance 

Introduction of microbial pathogens 

Changes in salinity (e.g. water abstraction, outfalls) 

Introduction of non-native species and translocations 

Selective extraction of species (e.g. commercial & recreational fishing) 

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Annex III 
Article 9(1) 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

Adequate  coverage  of  the  elements  characterising  marine  waters  under  the 
sovereignty or jurisdiction of Member States within a Marine Region or Sub-Region.  

Need to set (a) targets establishing desired conditions based on the definition of good 
environmental  status;  (b)  measurable  targets  that  allow  for  monitoring;  and  (c) 
operational  targets  relating  to  concrete  implementation  measures  to  support  their 
achievement.  

Specification of environmental status to be achieved and formulation of the latter in 
terms  of  measurable  properties  of  the  elements  characterising  the  European  marine 
waters of a Member State within a Marine Region or Sub-Region. 

Consistency of the set of targets; absence of conflicts between them. 

Specification of the resources needed for the achievement of targets. 

Formulation of targets with a time scale for their achievement. 

Specification  of  indicators  intended  to  monitor  progress  and  guide  management 
decisions towards achievements of targets. 

Where  appropriate,  specification  of  reference  points  (target  and  limit  reference 
points).  

(9) 

Due consideration of social and economic concerns in setting targets. 

(10) 

Examination of the set of environmental targets, associated indicators and limit and 
target reference points developed in light of the environmental objective laid down in 
Article [1] in order to assess whether the achievement of the targets would lead the 
marine waters falling under the sovereignty or jurisdiction of Member States within a 
Marine Region to a status matching them. 

(11) 

Compatibility  of  targets  with  objectives  to  which  the  Community  and  its  Member 
States  have  committed  themselves  under  relevant  international  and  regional 
agreements. 

(12)  When  the  suite  of  targets  and  indicators  have  been  assembled,  they  should  be 
examined together relative to the environmental objective laid down in Article [1] to 
assess whether the achievement of the targets would lead the marine environment to 
a status matching them. 

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Annex IV 
Article 10(1) 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

Need to provide information for an assessment of the environmental status and for a 
measure  of  distance  from  and  progress  towards  good  environmental  status  in 
accordance with Annex [II] and with the detailed standards and criteria to be defined 
pursuant to Article [8(3)].  

Need  to  ensure  the  generation  of  the  information  enabling  the  identification  of 
suitable indicators for the environmental targets provided for in Article [9].  

Need  to  ensure  the  generation  of  the  information  allowing  the  assessment  of  the 
impact of the measures referred to in Article [12]. 

Need to include activities to identify the cause of the change and hence the possible 
corrective  measures  that  would  need  to  be  taken  to  return  the  good  environmental 
status, when deviations from the desired status range have been identified. 

Need  to  provide  information  on  chemical  contaminants  in  species  for  human 
consumption from commercial fishing areas. 

Need to include activities to confirm that the corrective measures deliver the desired 
changes and not any unwanted side effects. 

Need to aggregate the information on the basis of Marine Regions. 

Need to develop technical specifications and standardised methods for monitoring at 
Community level to allow comparability of information.  

Need  to  ensure  to  the  extent  possible  compatibility  with  existing  programmes 
developed  at  regional  and  international  level  with  a  view  to  fostering  consistency 
between these programmes and avoiding duplication of efforts. 

Need  to  include  as  part  of  the  initial  assessment  provided  for  in  Article  [7]  an 
assessment  of  major  changes  in  the  environmental  conditions  as  well  as,  where 
necessary, new and emerging issues. 

Need  to  address  as  part  of  the  initial  assessment  provided  for  in  Article  [7]  the 
elements  listed  in  Annex  II  and  their  natural  variability  and  to  evaluate  the  trends 
towards the achievement of the environmental targets laid down pursuant to Article 
[9(1)],  using,  as  appropriate  the  set  indicators  and  their  limit  or  target  reference 
points.  

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Annex V 
Article 12(1) 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Input controls: management measures that influence the amount of a human activity 
that is permitted. 

Output  controls:  management  measures  that influence the degree of perturbation of 
an ecosystem component that is permitted. 

Spatial  and  temporal  distribution  controls:  management  measures  which  influence 
where and when an activity is allowed to occur. 

Management co-ordination measures: tools to ensure management is coordinated. 

Economic incentives: management measures which make it in the economic interest 
of  those  using  the  marine  ecosystem  to  act  in  ways  which  help  to  achieve  the 
ecological objectives for the ecosystem. 

Mitigation  and  remediation  Tools:  management  tools  which  guide  human  activities 
to restore damaged components of marine ecosystems. 

(7) 

Communication, stakeholder involvement and raising public awareness. 

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