Common Position (EC) No 12/2007 of 23 July 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of 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)
Date: 2007-07-23
Institutions: Council of the European Union
Subjects: EU action, EU environmental policy, action programme, biodiversity, environmental protection, management of resources, marine ecosystem, marine environment, regional cooperation

16.10.2007

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Official Journal of the European Union

C 242E/11

COMMON POSITION (EC) No 12/2007

adopted by the Council on 23 July 2007

with a view to adopting Directive …/…/EC of the European Parliament and of the Council of …
establishing a Framework for Community Action in the field of Marine Environmental Policy
(Marine Strategy Framework Directive)

(Text with EEA relevance)

(2007/C 242 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(6)

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure
Article 251 of the Treaty (3),

laid down in

Whereas:

(1)

(2)

(3)

(4)

(5)

Marine waters under the sovereignty and jurisdiction of
Member States of the European Union include waters in
the Mediterranean Sea, the Baltic Sea, the Black Sea and
the North-East Atlantic Ocean,
including the waters
surrounding the Azores, Madeira and the Canary Islands.

It is evident that the pressure on natural marine resources
and the demand for marine ecological services are often
too high and that the Community needs to reduce its
impact on marine waters.

The marine environment is a precious heritage that must
be protected, preserved and, where practicable, restored
with the ultimate aim of maintaining biodiversity and
providing diverse and dynamic oceans and seas which are
clean, healthy and productive. In that respect, this Direc-
tive should deliver the environmental pillar of the future
Maritime Policy for the European Union.

Sixth Community

In line with Decision No 1600/2002/EC of the European
Parliament and of the Council of 22 July 2002 laying
Environment Action
down the
Programme (4), a thematic strategy for the protection and
conservation of the marine environment has been devel-
oped with the overall aim of promoting sustainable use
of the seas and conserving marine ecosystems.

The development and implementation of the thematic
the conservation of
strategy should be aimed at
the
marine
approach should include
protected areas and should address all human activities
that have an impact on the marine environment.

ecosystems. This

(7)

(8)

(9)

It is necessary to continue to establish biological and
environmental targets and reference frameworks taking
into account the objectives laid down in Council Direc-
tive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (5) (herein-
after referred to as the ‘Habitats Directive’), Council Direc-
tive 79/409/EEC of 2 April 1979 on the conservation of
wild birds (6) (hereinafter referred to as the ‘Birds Direc-
tive’), Directive 2000/60/EC of the European Parliament
and of the Council of 23 October 2000 establishing a
framework for Community action in the field of water
policy (7), and relevant international agreements.

By applying an ecosystem-based approach to the manage-
ment of human activities while enabling a sustainable use
of marine goods and services, priority should be given to
achieving or maintaining good environmental status in
the Community's marine environment, to continuing its
protection and preservation, and to preventing subse-
quent deterioration.

In order to achieve those objectives, a transparent and
coherent legislative framework is required. This frame-
work should contribute to coherence between different
policies and foster
the integration of environmental
concerns into other policies, such as the common fish-
eries policy, the common agricultural policy and other
relevant Community policies. The legislative framework
framework for action and
should provide an overall
enable the action taken to be coordinated, consistent and
properly integrated with action under other Community
legislation and international agreements.

The diverse conditions, problems and needs of
the
various marine regions or sub-regions making up the
marine environment in the Community require different
and specific solutions. That diversity should be taken into
account at all stages of the preparation of marine strate-
gies, but especially during the preparation, planning and
execution of measures to achieve good environmental
status in the Community's marine environment at the
level of marine regions and sub-regions.

(1) OJ C 185, 8.8.2006, p. 20.
(2) OJ C 206, 29.8.2006, p. 5.
(3) Opinion of the European Parliament of 14 November 2006 (not yet
published in the Official Journal), Council Common Position of 23 July
2007 and Position of the European Parliament of … (not yet published
in the Official Journal).
(4) OJ L 242, 10.9.2002, p. 1.

(5) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive

2006/105/EC (OJ L 363, 20.12.2006, p. 368).

(6) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive

2006/105/EC.

(7) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision

No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

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(16)

(17)

(10)

(11)

Each Member State should therefore develop a Marine
Strategy for its marine waters which, while being specific
to its own waters, reflects the overall perspective of the
marine region or sub-region concerned. Marine Strategies
should culminate in the execution of programmes of
measures designed to achieve or maintain good environ-
mental status. However, Member States should not be
required to take specific steps where there is no signifi-
cant risk to the marine environment, or where the costs
would be disproportionate taking account of the risks to
the marine environment, provided that any decision not
to take action is properly justified.

By reason of the transboundary nature of the marine
environment, Member States should cooperate to ensure
the coordinated development of Marine Strategies for
each marine region or sub-region. Since marine regions
or sub-regions are shared both with other Member States
and with third countries, Member States should make
every effort to ensure close coordination with all Member
States and third countries concerned. Where practical
and appropriate, existing institutional structures estab-
lished in marine regions or sub-regions,
in particular
Regional Sea Conventions, should be used to ensure such
coordination.

(12) Member States having borders on the same marine
region or sub-region covered by this Directive, where the
status of the sea is critical to the extent that urgent action
is needed, should endeavour to agree on a plan of action
including the earlier entry into operation of programmes
of measures. In such cases, the Commission should be
invited to consider providing supportive action to
Member States for their enhanced efforts to improve the
marine environment by making the region in question a
pilot project.

(13) Not all Member States have marine waters as defined in
this Directive and, therefore, the effect of the provisions
of this Directive which exclusively address Member States
which have marine waters should be limited to those
Member States.

and its Member States under those agreements should
therefore be taken fully into account in this Directive.

biodiversity

This Directive should also support the strong position
taken by the Community, in the context of the Conven-
tion on Biological Diversity approved by Council Deci-
sion 93/626/EEC (2), on halting
loss,
ensuring the conservation 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, which
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, region-
ally and globally and at securing the capacity of
the
marine ecosystems 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 systems of marine protected
areas by 2012. The obligation for Member States to
designate Natura 2000 sites under the Birds Directive
and the Habitats Directive will make an important contri-
bution to this process.

adopted

an

the

the Marine Environment of
approved

This Directive should contribute to the fulfilment of the
the Com-
obligations and important commitments of
munity and the Member States under several relevant
international agreements relating to the protection of the
marine environment from pollution: the Convention on
the Protection of
the
by Council Decision
Sea Area,
Baltic
94/157/EC (3),
Protection
the Convention for
of the Marine Environment of the North-East Atlantic,
approved by Council Decision 98/249/EC (4),
including
its new Annex V on the Protection and Conservation of
the Ecosystems and Biological Diversity of the Maritime
Area and the corresponding Appendix 3, approved by
Council Decision 2000/340/EC (5), the Convention for
the Marine Environment and the
the Protection of
the Mediterranean, approved by
Coastal Region of
Council Decision 77/585/EEC (6), and its amendments
from 1995,
Decision
1999/802/EC (7), as well as its Protocol for the Protection
of the Mediterranean Sea Against Pollution from Land-
Council Decision
Based
83/101/EEC (8),
from 1996,
approved by Council Decision 1999/801/EC (9). This
Directive should also contribute to the fulfilment of
Member States' obligations under the Convention on the
the Black Sea Against Pollution, under
Protection of
which they have entered into important commitments
relating to the protection of
the marine environment
from pollution, and to which the Community is not yet a
party but in respect of which it has observer status.

approved
its

amendments

approved

Sources,

Council

and

by

by

(14)

(15)

level

international

is indispensable to
Since action at
achieve cooperation and coordination,
this Directive
should further enhance the coherence of the contribution
of the Community and its Member States under interna-
tional agreements.

The Community and its Member States are each parties
to the United Nations Convention on the Law of the Sea
(UNCLOS) approved by Council Decision 98/392/EC of
23 March 1998 concerning the conclusion by the
European Community of the UNCLOS and the Agree-
ment of 28 July 1994 relating to the implementation of
Part XI thereof (1). The obligations of the Community

(1) OJ L 179, 23.6.1998, p. 1.

(2) OJ L 309, 13.12.1993, p. 1.
(3) OJ L 73, 16.3.1994, p. 19.
(4) OJ L 104, 3.4.1998, p. 1.
(5) OJ L 118, 19.5.2000, p. 44.
(6) OJ L 240, 19.9.1977, p. 1.
(7) OJ L 322, 14.12.1999, p. 32.
(8) OJ L 67, 12.3.1983, p. 1.
(9) OJ L 322, 14.12.1999, p. 18.

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(18)

(19)

(20)

Third countries with waters in the same marine region or
sub-region as a Member State should be invited to parti-
cipate in the process laid down in this Directive, thereby
facilitating achievement of good environmental status in
the marine region or sub-region concerned.

Ensuring the integration of conservation objectives,
management measures and monitoring and assessment
activities
set up for marine protected areas which
Member States may wish to designate as part of
programmes of measures is crucial for the achievement
of the objectives of this Directive.

of

the marine

Since 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
in a particular area and are tailored as
environment
closely as possible to the needs of the waters concerned
in the case of each Member State and from the general
perspective
sub-region
concerned, provision should be made for the preparation
at national level of an appropriate framework, including
marine research and monitoring operations, for informed
policy-making. At Community level, support for asso-
ciated research should be continuously enshrined in
research and development policies. Recognition of
marine issues in the Seventh Framework Programme on
Research and Development is an important step in that
direction.

region or

(21) As a first step in the preparation of programmes of
measures, Member States across a marine region or
sub-region should undertake an analysis of the character-
istics of, and pressures and impacts on, their marine
waters,
and
impacts on those waters, and an economic and social
analysis of their use and of the cost of degradation of the
marine environment. They may use assessments already
carried out in the context of Regional Sea Conventions as
a basis for their analyses.

the predominant pressures

identifying

(22) On the basis of such analyses, Member States should
then determine for their marine waters a set of character-
istics for good environmental status. For those purposes,
it is appropriate to make provision for the development
of criteria and methodological standards to ensure consis-
tency and to allow for comparison between marine
regions or sub-regions of the extent to which good envir-
onmental status is being achieved.

(23)

The next step towards achieving good environmental
status should be the establishment of environmental
targets and monitoring programmes for ongoing assess-
ment, enabling the state of the marine waters concerned
to be evaluated on a regular basis.

(24) Member States should then establish and implement
programmes of measures which are designed to achieve
or maintain good environmental status in the waters
concerned, while accommodating existing Community
and international requirements and the needs of
the
marine region or sub-region concerned.

(25)

It is appropriate that Member States take the abovemen-
In
tioned steps, given the precision of

focus needed.

(26)

(27)

(28)

it

is essential

order to ensure cohesion of action across the Community
as a whole and in relation to commitments at global
level,
that Member States notify the
Commission of the steps taken, in order to enable the
Commission to assess the coherence of action across the
marine region or sub-region concerned and to advise
Member States as appropriate.

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.

In that context provision should be made for two special
cases. The first special case refers to the situation where it
is impossible for a Member State to meet its environ-
mental targets because of action or inaction for which
the Member State concerned is not
responsible, or
because of natural causes or force majeure, or because of
actions which that Member State has itself
taken for
reasons of overriding public interest which outweigh the
negative impact on the environment, or because natural
conditions do not allow timely improvement
in the
status of marine waters. The Member State concerned
should substantiate why it considers that such a special
case has arisen and identify the area concerned, and
should take appropriate ad hoc measures with the aim of
continuing
targets,
the
the
preventing further deterioration in the status of
marine waters affected and mitigating the adverse impact
within the marine region or sub-region concerned.

environmental

pursue

to

the

region or

entire marine

The second special case refers to the situation where a
Member State identifies an issue which has an impact on
the environmental status of its marine waters, perhaps
sub-region
even of
concerned, but which cannot be tackled by measures
taken at national
level or which is linked to another
Community policy or to an international agreement. In
such a case, arrangements should be made to inform the
Commission of this within the framework of notification
of programmes of measures and, where Community
action is needed, to make appropriate recommendations
to the Commission and the Council.

(29) However,

the flexibility introduced for

special cases
should be subject to control at Community level. As
regards the first special case, it is therefore appropriate
that, in the course of assessment, due consideration be
given to the efficacy of any ad hoc measures taken. More-
over, in cases where the Member State refers to action
taken for overriding reasons of public interest, it should
be ensured that any changes to the marine environment
as a consequence do not permanently preclude or
compromise the achievement of good environmental
status in the marine region or sub-region concerned or
across marine waters of other Member States. The
Commission should advise Member States accordingly if
it considers that the measures envisaged are not sufficient
or suitable to ensure coherence of action across the
marine region or sub-region concerned.

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(30) As regards the second special case,

the Commission
should consider the issue and respond within a period of
six months. The Commission should reflect, as appro-
the Member State
the
priate,
concerned when
to
proposals
related
the European Parliament and the Council.

recommendations of

presenting

(31)

(32)

(33)

(34)

(35)

it

is essential

In view of the dynamic nature of marine ecosystems and
their natural variability, and given that the pressures and
impacts on them may vary with the evolvement of
different patterns of human activity and the impact of
the
climate change,
determination of good environmental status may have to
be adapted over time. Accordingly, it is appropriate that
programmes of measures for the protection and manage-
ment of the marine environment be flexible and adaptive,
and take account of scientific and technological develop-
ments. Provision should therefore be made for
the
updating of Marine Strategies on a regular basis.

to recognise that

Provision should also be made for the publication of
programmes of measures and updates thereof, and for
the presentation to the Commission of interim reports
these
describing progress
programmes.

in the implementation of

establishment,

To ensure the active involvement of the general public in
implementation and updating of
the
Marine Strategies, provision should be made for proper
public information on the different elements of Marine
Strategies, or their related updates, as well as, upon
request, relevant information used for the development
of the Marine Strategies in accordance with Community
legislation on public access to environmental
informa-
tion.

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.

Provision should be made for the adoption of methodo-
logical standards for the assessment of the status of the
marine environment, monitoring, environmental targets
and the adoption of technical formats for the purposes of
transmission and processing of data in line with Directive
the
2007/2/EC of
Council of 14 March 2007 establishing an Infrastructure
for Spatial
Information in the European Community
(Inspire) (1).

the European Parliament and of

(36) Measures

regulating fisheries management

should be
the Common Fisheries
taken only in the context of
Policy,
(EC)
set
No 2371/2002 of 20 December 2002 on the conserva-
tion and sustainable exploitation of fisheries resources

in Council Regulation

out

as

(1) OJ L 108, 25.4.2007, p. 1.

under the Common Fisheries Policy (2), based on scien-
tific advice, and this Directive does not therefore address
such measures. Articles 30 and 31 of the Euratom Treaty
regulate discharges and emissions resulting from the use
of radioactive material and this Directive should therefore
not address them.

(37)

The common fisheries policy should take into account
the environmental impacts of fishing and the objectives
of this Directive.

(38)

(39)

(40)

(41)

In the event that Member States consider that action in
the fields mentioned above or other fields linked to
another Community policy or to an international agree-
ment is desirable, they should make appropriate recom-
mendations for Community action.

Since the objectives of this Directive, namely protection
and preservation of the marine environment, the preven-
tion of its deterioration and where practicable the restora-
that environment in areas where it has been
tion of
adversely affected, cannot be sufficiently achieved by
Member States and can therefore, by reason of the scale
and effects of the Directive, be better achieved at Com-
munity 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.

Programmes of measures and subsequent action by
Member States should be based on an ecosystem-based
approach to the management of human activities and on
the principles referred to in Article 174 of the Treaty, in
particular the precautionary principle.

the fundamental

This Directive respects
rights, and
observes the principles, recognised by the Charter of
Fundamental Rights of the European Union (3),
in par-
ticular Article 37 thereof which seeks to promote the
integration into the policies of the Union of a high level
of environmental protection and the improvement of
environmental quality in accordance with the principle of
sustainable development.

(42)

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
implementing powers
the exercise of
conferred on the Commission (4).

(2) OJ L 358, 31.12.2002, p. 59.
(3) OJ C 364, 18.12.2000, p. 1.
(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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Power should be conferred on the Commission to adapt
Annexes III, IV and V to this Directive to scientific and
technical progress. Since those measures are of general
scope and are designed to amend non-essential elements
of this Directive, they must be adopted in accordance
with the regulatory procedure with scrutiny provided for
in Article 5a of Decision 1999/468/EC.

in a manner that is compatible, so far as reasonable and practic-
able, with the objectives of this Directive.

(43)

(44)

for

standards

Power should be conferred on the Commission to lay
down criteria and methodological
the
recognition of good environmental status and to adopt
specifications and standardised methods for monitoring
and assessment. Since those measures are of general
scope and are designed to supplement this Directive by
the addition of new non-essential elements, they must be
adopted in accordance with the regulatory procedure
with scrutiny provided for in Article 5a of Decision
1999/468/EC,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject-matter

1.
This Directive establishes a framework for the protection
and preservation of the marine environment, the prevention of
its deterioration and, where practicable, the restoration of that
environment in areas where it has been adversely affected.

For that purpose, Marine Strategies shall be developed and
implemented with the aim of achieving or maintaining good
environmental
in the marine environment by the
status
year 2021 at the latest.

2. Marine Strategies shall apply an ecosystem-based approach
to the management of human activities while enabling the
sustainable use of marine goods and services.

This Directive shall contribute to coherence between, and
3.
aim to ensure the integration of environmental concerns into,
the different policies, agreements and legislative measures which
have an impact on the marine environment.

Article 2

Scope

This Directive shall apply to all marine waters as defined

1.
in Article 3(1).

2.
This Directive shall not apply to activities the sole purpose
of which is defence or national security. Member States shall,
however, endeavour to ensure that such activities are conducted

Article 3

Definitions

For the purposes of this Directive the following definitions shall
apply:

1.

2.

3.

4.

5.

‘marine waters’ means waters, the seabed and subsoil on
the seaward side of the baseline from which the extent of
territorial waters is measured extending to the outmost
reach of the area where a Member State has and/or exer-
cises jurisdictional rights, in accordance with the UNCLOS,
with the exception of waters adjacent to the countries and
territories mentioned in Annex II to the Treaty and the
French Overseas Departments and Collectivities. Marine
waters on the seaward side of the baseline to which Direc-
tive 2000/60/EC applies are included only insofar as rele-
vant elements for the protection of the marine environment
which are outside the scope of Directive 2000/60/EC are
concerned;

‘marine region’ means a sea region which is identified
under Article 4. Marine regions and their sub-regions are
designated for the purpose of facilitating implementation of
this Directive and are determined taking into account
hydrological, oceanographic and bio-geographic features;

‘Marine Strategy’ means
the strategy to be developed
and implemented in respect of each marine region or
sub-region concerned as laid down in Article 5;

‘environmental status’ means the overall state of the envir-
onment in marine waters, taking into account the structure,
function and processes of the constituent marine ecosys-
tems 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;

‘good environmental status’ means the environmental status
of marine waters where these provide ecologically diverse
and dynamic oceans and seas which are clean, healthy and
productive within their intrinsic conditions, and the use of
the marine environment is at a level that is sustainable,
thus safeguarding the potential for uses and activities by
current and future generations, i.e.:

(a) the

of

and

functions

processes

structure,

the
marine ecosystems, together with the associated physio-
graphic, geographic and climatic factors, allow those
ecosystems to function fully and to maintain their resili-
ence. Marine species and habitats are protected, human-
induced decline of biodiversity is prevented and diverse
biological components function in balance;

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the ecosystems,

(b) hydro-morphological, physical and chemical properties
including those properties which
of
result
from human activities in the area concerned,
support the ecosystems as described above. Anthropo-
genic inputs of substances and energy into the marine
environment do not cause pollution effects.

Good environmental status shall be determined at the level
of
the marine region or sub-region as referred to in
Article 4, on the basis of the generic qualitative descriptors
in Annex I. Adaptive management on the basis of
the
ecosystem approach shall be applied with a view to
progressing towards good environmental status;

6.

‘criteria’ means distinctive technical features that are closely
linked to generic qualitative descriptors;

7.

8.

‘environmental target’ means a qualitative or quantitative
statement on the desired condition of the different compo-
nents of marine waters in respect of each marine region or
sub-region. Environmental targets shall be established in
accordance with Article 10;

‘pollution’ means the direct or indirect introduction into
the marine environment, as a result of human activity, of
substances or energy,
including human-induced marine
underwater noise, which results or is likely to result in dele-
terious effects such as harm to living resources and marine
ecosystems, hazards to human health,
the hindering of
marine activities, including fishing, tourism and recreation
and other legitimate uses of the sea,
impairment of the
quality for use of sea water and reduction of amenities or,
in general,
impairment of the sustainable use of marine
goods and services;

9.

‘specific area’ means an area in the marine waters of a
Member State where environmental
targets cannot be
achieved through measures taken by that Member State for
reasons listed in Article 14;

Article 4

Marine regions and sub-regions

1. Member States shall, when implementing their obligations
under this Directive, take due account of the fact that marine
waters covered by their sovereignty or jurisdiction form an inte-
gral part of the following marine regions:

(a) the Baltic Sea;

(b) the North East Atlantic Ocean;

(c) the Mediterranean Sea;

(d) the Black Sea.

in order to take into account the
2. Member States may,
specificities of a particular area,
implement this Directive by
reference to subdivisions at the appropriate level of the marine
waters referred to in Paragraph 1, provided that such subdivi-
sions are delimited in a manner compatible with the following
marine sub-regions:

(a) in the North East Atlantic Ocean:

(i) the Greater North Sea, including the Kattegat, and the

English Channel;

(ii) the Celtic Seas;

(iii) the Bay of Biscay and the Iberian Coast;

(iv) in the Atlantic Ocean, the Macaronesian bio-geographic
surrounding the Azores,

region, being the waters
Madeira and the Canary Islands;

(b) in the Mediterranean Sea:

(i) the Western Mediterranean Sea;

(ii) the Adriatic Sea;

(iii) the Ionian Sea and the Central Mediterranean Sea;

(iv) the Aegean-Levantine Sea.

10.

‘regional cooperation’ means cooperation and coordination
of activities between Member States and, whenever possible,
third countries sharing the same marine region or sub-re-
gion,
for the purpose of developing and implementing
Marine Strategies;

Member States shall inform the Commission of any subdivisions
by the date specified in the first subparagraph of Article 24(1)
but may revise these upon completion of the initial assessment
referred in Article 5(2), point (a)(i).

11.

‘Regional Sea Convention’ means any of the international
together with
international agreements
conventions or
their governing bodies established for
the purpose of
protecting the marine environment of the marine regions
referred to in Article 4, such as the Convention on the
Protection of the Marine Environment of the Baltic Sea, the
Convention for the Protection of the Marine Environment
the North-East Atlantic and the Convention for the
of
Marine Environment and the Coastal Region of
the
Mediterranean Sea.

Article 5

Marine Strategies

Each Member State shall, in respect of each marine region
1.
or sub-region concerned, develop a Marine Strategy for its
marine waters in accordance with the plan of action set out in
points (a) and (b) of paragraph 2.

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2. Member States shall cooperate to ensure that, within each
marine region or sub-region, the measures required to achieve
the objectives of
the different
elements of the Marine Strategies referred to in points (a) and
(b), are coordinated, as follows:

this Directive,

in particular

(a) preparation:

(i) an initial assessment, to be completed by … (*), of the
current environmental status of the waters concerned
and the environmental
impact of human activities
thereon, in accordance with Article 8;

(ii) a determination, to be established by … (*), of good
in
for

the waters concerned,

environmental
accordance with Article 9(1);

status

specific steps where there is no significant risk to the marine
environment, or where the costs would be disproportionate
taking account of the risks to the marine environment.

Where, for either of these reasons, a Member State does not
take any steps, it shall provide the Commission with the neces-
sary justification to substantiate its decision.

Article 6

Regional cooperation

(iii) establishment, by … (**), of a series of environmental
in accordance with

targets and associated indicators,
Article 10(1);

(iv) establishment and implementation, by … (***) except
where otherwise specified in the relevant Community
legislation, of a monitoring programme for ongoing
assessment and regular updating of targets, in accord-
ance with Article 11(1);

(b) programme of measures:

In order

1.
to achieve the coordination referred to in
Article 5(2), Member States shall, where practical and appro-
priate, use existing regional institutional cooperation structures,
including those under Regional Sea Conventions, covering that
marine region or sub-region.

2.
For the purposes of this Directive, Member States shall,
within each marine region or sub-region, make every effort,
including mechanisms and
using relevant
fora,
international
structures of Regional Sea Conventions,
to coordinate their
actions with third countries having sovereignty or jurisdiction
over waters in the same marine region or sub-region.

(i) development, by 2016 at the latest, of a programme of
measures designed to achieve or maintain good environ-
mental status, in accordance with Article 13(1), (2) and
(3);

In that context, Member States shall, as far as possible, build
upon relevant existing programmes and activities developed in
the framework of structures stemming from international agree-
ments such as Regional Sea Conventions.

(ii) entry into operation of the programme provided for in
in accordance with

(i), by 2018 at

the latest,

point
Article 13(7).

3. Member States having borders on the same marine region
or sub-region covered by this Directive should, where the status
of the sea is so critical as to necessitate urgent action, endeavour
to agree on a plan of action in accordance with Paragraph 1
which includes an earlier entry into operation of programmes of
measures. In these cases:

(a) the Member States concerned shall inform the Commission

of their revised timetable and proceed accordingly;

Coordination and cooperation shall be extended, where appro-
priate, to all Member States in the catchment area of a marine
region or sub-region, including land-locked countries, in order
to allow Member States within that marine region or sub-region
to meet their obligations under this Directive, using established
cooperation structures prescribed in this Directive or in Direc-
tive 2000/60/EC.

Article 7

Competent authorities

(b) the Commission shall be invited to consider providing
supportive action to Member States for
their enhanced
efforts to improve the marine environment by making the
region in question a pilot project.

1. Member States shall, by … (****), for each marine region
or sub-region concerned, designate the authority or authorities
competent for the implementation of this Directive with respect
to their marine waters.

4. Member States
the
elements of Marine Strategies referred to in points (a) and (b) of
Paragraph 2, but in doing so they shall not be required to take

shall develop and implement all

By … (*****), Member States shall provide the Commission with
a list of the competent authorities designated, together with the
items of information listed in Annex II.

(*) Four years after the date of entry into force of this Directive.
(**) Five years after the date of entry into force of this Directive.
(***) Six years after the date of entry into force of this Directive.

(****) Three years after the date of entry into force of this Directive.
(*****) 42 months after the date of entry into force of this Directive.

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At the same time, Member States shall send to the Commission
a list of their competent authorities as regards those interna-
tional bodies in which they participate and which are relevant
for the implementation of this Directive.

Member States within the catchment area of each marine region
or sub-region shall also designate the authority or authorities
competent for cooperation and coordination as referred to in
Article 6.

2. Member States
inform the Commission of any
changes to the information provided pursuant to Paragraph 1
within six months of such a change coming into effect.

shall

CHAPTER II

MARINE STRATEGIES: PREPARATION

Article 8

Assessment

1. Member States shall make an initial assessment of their
marine waters, taking account of existing data where available
and comprising the following:

(a) an analysis of the essential characteristics and current envir-
onmental status of those waters, based on the indicative lists
of elements set out in Table 1 of Annex III, and covering the
physical and chemical features, the habitat types, the biolo-
gical features and the hydro-morphology;

(b) an analysis of

the predominant pressures and impacts,
including human activity, on the characteristics and environ-
mental status of those waters, based on the indicative lists
of elements set out in Table 2 of Annex III, and covering the
qualitative and quantitative mix of the various pressures, as
well as discernible trends;

(c) an economic and social analysis of the use of those waters
and of the cost of degradation of the marine environment.

2.
The analyses referred to in Paragraph 1 shall take into
account elements regarding coastal, transitional and territorial
waters covered by relevant provisions of Directive 2000/60/EC.
They shall also take into account, or use as their basis, other
relevant assessments such as those carried out jointly in the
context of Regional Sea Conventions, so as to produce a
comprehensive assessment of the status of the marine environ-
ment.

as well as criteria and methodological standards provided for in
Paragraph 3 of this Article.

They shall take into account the indicative lists of elements set
in particular, physical and chemical
out
features,
hydro-
features
morphology.

in Annex III and,
habitat

biological

types,

and

2. Member States shall notify the Commission of the assess-
ment made pursuant to Article 8(1) and of the determination
made pursuant
this Article within
to Paragraph 1 of
three months of completion of the latter.

3.
Criteria and methodological standards for the determin-
ation of good environmental status, which are designed to
this Directive by supple-
amend non-essential elements of
menting it, shall be laid down, on the basis of Annexes I and III,
in accordance with the regulatory procedure with scrutiny
referred to in Article 23(3) by … (*) in such a way as to ensure
consistency and to allow for comparison between marine
regions or sub-regions of the extent to which good environ-
mental status is being achieved. Before proposing such criteria
and standards the Commission shall consult all
interested
parties, including Regional Sea Conventions.

Article 10

Establishment of environmental targets

On the basis of the initial assessment made pursuant to
1.
Article 8(1), Member States shall,
in respect of each marine
region or sub-region, establish a comprehensive set of environ-
mental targets and associated indicators for their marine waters
so as to guide progress towards achieving good environmental
status in the marine environment, taking into account the indi-
cative list of characteristics set out in Annex IV.

When devising those targets and indicators, Member States shall
take into account the continuing application of relevant existing
environmental targets laid down at national, Community or
international level in respect of the same waters, ensuring that
these targets are mutually compatible.

2. Member States shall notify the Commission of the envir-
onmental targets within three months of their establishment.

Article 11

Monitoring programmes

Article 9

Determination of good environmental status

By reference to the initial assessment made pursuant to
1.
in respect of each marine
Article 8(1), Member States shall,
region or sub-region concerned, determine,
the marine
for
waters, a set of characteristics for good environmental status, on
the basis of the generic qualitative descriptors listed in Annex I

1.
On the basis of the initial assessment made pursuant to
Article 8(1), Member States shall establish and implement coor-
dinated monitoring programmes for the ongoing assessment of
the environmental status of their marine waters on the basis of
the indicative lists of elements set out in Annex III and the list
set out in Annex V, and by reference to the environmental
targets established pursuant to Article 10.

(*) Two years after entry into force of this Directive.

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Monitoring programmes shall build upon, and be compatible
with, relevant provisions for assessment and monitoring laid
down by Community legislation or under international agree-
ments.

3. 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.

2. Member States shall notify the Commission of the moni-
toring programmes within three months of their establishment.

3.
Specifications and standardised methods for monitoring
and assessment which take into account existing commitments
and ensure comparability between monitoring and assessment
results, and which are designed to amend non-essential elements
of
this Directive by supplementing it, shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 23(3).

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

Programmes of measures established pursuant

4.
to this
Article should include measures such as the use of special areas
of conservation pursuant to Directive 92/43/EEC and the use of
special protection areas pursuant to Directive 79/409/EEC, and
marine protected areas as agreed by the Community or
Member States concerned in the framework of international or
regional agreements to which they are parties.

Article 12

Notifications and Commission's advice

In this context Member States should ensure that these areas
contribute to a coherent and representative network of marine
protected areas.

the notifications made pursuant

On the basis of all
to
Articles 9(2), 10(2) and 11(2) in respect of each marine region
or sub-region, the Commission shall advise each Member State
on whether the elements notified constitute an appropriate
framework to meet the requirements of this Directive.

In formulating its advice, the Commission shall consider the
coherence of frameworks within the different marine regions or
sub-regions and across the Community and may ask the
Member State concerned to provide any additional information
that is available and necessary.

5. Member States shall
indicate in their programmes of
measures how the measures are to be implemented and how
they will contribute to the achievement of the environmental
targets established pursuant to Article 10(1).

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

7.
Subject to Article 16, Member States shall ensure that the
programmes are made operational within two years of their
establishment.

CHAPTER III

MARINE STRATEGIES: PROGRAMMES OF MEASURES

Article 13

Programmes of measures

1. Member States shall, in respect of each marine region or
sub-region concerned, identify the measures which need to be
taken in order to achieve or maintain good environmental
status, as determined pursuant to Article 9(1), in their marine
waters.

Those measures shall be devised on the basis of
the initial
assessment made pursuant to Article 8(1) and by reference to
the environmental targets established pursuant to Article 10(1),
and taking into consideration the types of measures listed in
Annex VI.

shall

integrate

2. Member States
the measures devised
pursuant to Paragraph 1 into a programme of measures, taking
into account relevant measures required under Community
legislation, in particular Directive 2000/60/EC, or international
agreements.

Article 14

Exceptions

1.
A Member State may identify specific areas within
its marine waters where, for any of the reasons listed under
points (a) to (d), the environmental targets cannot be achieved
through measures taken by that Member State, or, for reasons
referred to under point (e), they cannot be achieved within the
time schedule concerned:

(a) action or inaction for which the Member State concerned is

not responsible;

(b) natural causes;

(c) force majeure;

(d) changes to the characteristics of marine waters brought
about by actions taken for reasons of overriding public
interest which outweigh the negative impact on the environ-
ment, including any transboundary impact;

(e) natural conditions which do not allow timely improvement

in the status of the marine waters concerned.

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The Member State concerned shall identify such areas clearly in
its programme of measures and shall substantiate its view to the
Commission. In identifying specific areas a Member State shall
consider the consequences for Member States in the marine
region or sub-region concerned.

However, the Member State concerned shall take appropriate ad
hoc measures aiming to continue pursuing the environmental
targets, to prevent further deterioration in the status of the
marine waters affected for reasons identified under points (b),
(c) or (d) and to mitigate the adverse impact at the level of the
marine region or sub-region concerned or in the marine waters
of other Member States.

In the situation covered by point

2.
(d) of Paragraph 1,
Member States shall ensure that the changes do not permanently
preclude or compromise the achievement of good environ-
mental status at the level of the marine region or sub-region
concerned or in the marine waters of other Member States.

3.
The ad hoc measures referred to in the third subparagraph
of Paragraph 1 shall be integrated as far as practicable into the
programmes of measures.

Article 15

Recommendations for Community action

1. Where a Member State identifies an issue which has an
impact on the environmental status of its marine waters and
which cannot be tackled by measures adopted at national level,
or which is linked to another Community policy or interna-
tional agreement,
it shall inform the Commission accordingly
and provide a justification to substantiate its view.

tute an appropriate framework for achieving good environ-
mental status as determined pursuant to Article 9(1).

In formulating its advice, the Commission shall consider the
coherence of programmes of measures across the Community
and may ask the Member State concerned to provide any addi-
tional information that is available and necessary.

CHAPTER IV

UPDATING, REPORTS AND PUBLIC INFORMATION

Article 17

Updating

1. Member States shall ensure that, in respect of each marine
region or sub-region concerned, Marine Strategies are kept up
to date.

For the purposes of Paragraph 1, Member States shall
2.
review, in a coordinated manner as referred to in Article 5, the
following elements of their Marine Strategies every six years
after their initial establishment:

(a) the initial assessment and the determination of good envir-
onmental status, as provided for in Articles 8(1) and 9(1)
respectively;

(b) the

environmental

targets

established

pursuant

to

Article 10(1);

(c) the monitoring programmes

established pursuant

to

Article 11(1);

(d) the programmes of measures

established pursuant

to

The Commission shall respond within a period of six months.

Article 13(2).

2. Where action by Community institutions
is needed,
Member States shall make appropriate recommendations to the
Commission and the Council for measures regarding the issues
referred to in Paragraph 1. Unless otherwise specified in relevant
Community legislation, the Commission shall respond to any
such recommendation within a period of six months and, as
appropriate,
the recommendations when presenting
related proposals
to the European Parliament and to the
Council.

reflect

Details of any updates made following the reviews
3.
provided for in Paragraph 2 shall be sent to the Commission, to
the Regional Sea Conventions and to any other Member States
concerned within three months of their publication in accord-
ance with Article 19(2).

Articles 12 and 16 shall apply mutatis mutandis to this

4.
Article.

Article 16

Notifications and Commission's advice

Article 18

Interim reports

On the basis of the notifications of programmes of measures
made pursuant to Article 13(6), the Commission shall advise
each Member State on whether the programmes notified consti-

Member States shall, within three years of the publication of
each programme of measures or update thereof in accordance
with Article 19(2), submit to the Commission a brief interim
report describing progress
that
programme.

in the implementation of

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Article 19

Public consultation and information

1.
In accordance with relevant existing Community legisla-
tion, Member States shall ensure that all interested parties are
given early and effective opportunities to participate in the
implementation of this Directive.

2. Member States shall publish, and make available to the
public for comment, summaries of the following elements of
their Marine Strategies, or the related updates, as follows:

(a) the initial assessment and the determination of good envir-
onmental status, as provided for in Articles 8(1) and 9(1)
respectively;

(b) the

environmental

targets

established

pursuant

to

Article 10(1);

(c) the monitoring programmes

established pursuant

to

Article 11(1);

(d) the programmes of measures

established pursuant

to

Article 13(2).

to environmental

3. With regard to access
information,
Directive 2003/4/EC of the European Parliament and of the
Council of 28 January 2003 on public access to environmental
information and repealing Council Directive 90/313/EEC (1)
shall apply.

Member States shall provide the Commission, for the perfor-
mance of its tasks in relation to this Directive, with access and
use rights in respect of that data and information, in accordance
with Directive 2007/2/EC.

Article 20

Commission reports

(b) a review of the status of the marine environment in the
Community, undertaken in coordination with the European
Environment Agency and the relevant regional marine and
fisheries organisations and conventions;

(c) a survey of the Marine Strategies, together with suggestions

for their improvement;

(d) a summary of the information received from Member States
pursuant to Articles 12 and 16 and of the assessments
made by the Commission, in accordance with Article 16,
in relation to information received from Member States
pursuant to Article 15;

(e) a summary of the response to each of the reports submitted
to the Commission by Member States pursuant to Article 18;

(f) a summary of the responses to comments made by the
European Parliament and the Council on previous Marine
Strategies;

(g) a summary of

the contribution made by other relevant
Community policies to the attainment of the objectives of
this Directive.

Article 21

Review of this Directive

The Commission shall review this Directive by … (*) and shall,
where appropriate, propose any necessary amendments.

CHAPTER V

FINAL PROVISIONS

Article 22

Technical adaptations

The Commission shall publish a first evaluation report on
1.
the implementation of
this Directive within two years of
receiving all programmes of measures and, in any case, by 2021
at the latest.

Annexes III, IV and V may be amended in the light of
1.
scientific and technical progress in accordance with the regula-
tory procedure with scrutiny referred to in Article 23(3), taking
into account the periods for the review and updating of Marine
Strategies laid down in Article 17(2).

The Commission shall publish further reports every six years
thereafter. It shall submit the reports to the European Parliament
and to the Council.

The reports provided for in Paragraph 1 shall include the

2.
following:

(a) a review of progress in the implementation of this Directive;

In accordance with the procedure

2.
Article 23(2),

referred to in

(a) methodological standards may be adopted for the applica-

tion of Annexes I, III, IV and V;

(b) technical formats may be adopted for the purposes of trans-
including statistical and

mission and processing of data,
cartographic data.

(1) OJ L 41, 14.2.2003, p. 26.

(*) 15 years after the date of entry into force of this Directive.

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Article 23

Regulatory Committee

1.

The Commission shall be assisted by a committee.

2. 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. Where reference is made to this paragraph, Article 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

Article 24

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by … (*) at the latest. They shall forthwith communi-
cate to the Commission the text of those provisions.

When Member States adopt those measures, they shall contain a
reference to this Directive or shall be accompanied by such a
reference on the occasion of
their official publication. The
methods of making such reference shall be laid down by
Member States.

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

3. Member States without marine waters shall bring into
force only those measures which are necessary to ensure
compliance with requirements under Article 6 and Article 7.

Where such measures are already in force in national legislation,
Member States concerned shall communicate to the Commis-
sion the text of those measures.

Article 25

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 26

Addressees

This Directive is addressed to the Member States.

Done at …,

For the European Parliament

The President

…

For the Council

The President

…

(*) Three years after the date of entry into force of this Directive.

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ANNEX I

GENERIC QUALITATIVE DESCRIPTORS

TO BE CONSIDERED WHEN DETERMINING GOOD

ENVIRONMENTAL STATUS

(REFERRED TO IN ARTICLES 3, POINT (5), 9(1), 9(3) AND 22)

(1) All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity.

(2) Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems.

(3)

Populations of all commercially exploited fish and shellfish are within safe biological limits.

(4) Human-induced eutrophication is minimised, especially adverse effects thereof.

(5)

(6)

(7)

Species and habitats show a distribution, abundance and quality in line with prevailing physiographic, geographic
and climatic conditions. Biodiversity is maintained.

Sea floor integrity is at a level at which the functions of the ecosystems are safeguarded.

Permanent alteration of hydrographical conditions does not adversely affect marine ecosystems.

(8) Concentrations of contaminants are at levels not giving rise to pollution effects.

(9) Contaminants in fish and other seafood for human consumption do not exceed levels established by Community

legislation or other relevant standards.

(10) Properties and quantities of marine litter do not cause harm to the marine environment.

(11) Introduction of energy, including underwater noise, does not adversely affect the marine environment.

To determine the characteristics of good environmental status in a marine region or sub-region as provided for in
Article 9(1) of this Directive, Member States shall consider each of the generic qualitative descriptors listed in this Annex
in order to identify those descriptors which are to be used to determine good environmental status for that marine region
or sub-region. When a Member State considers that it is not appropriate to use one or several of those descriptors, it shall
provide the Commission with a justification in the framework of the notification made pursuant to Article 9(2) of this
Directive.

ANNEX II

COMPETENT AUTHORITIES

(REFERRED TO IN ARTICLE 7(1))

(1) Name and address of the competent authority or authorities — the official name and address of the competent

authority or authorities identified.

(2) Legal status of the competent authority or authorities — a brief description of the legal status of the competent

authority, or authorities.

(3) Responsibilities — a brief description of the legal and administrative responsibilities of the competent authority or

authorities, and of its role in relation to the marine waters concerned.

(4) Membership — when the competent authority or authorities acts as a coordinating body for other competent authori-
ties, a list of these is required together with a summary of the institutional relationships established in order to ensure
coordination.

(5) Regional or sub-regional coordination — a summary is required of the mechanisms established in order to ensure
coordination between the Member States whose marine waters fall within the same marine region or sub-region.

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ANNEX III

INDICATIVE LISTS OF CHARACTERISTICS, PRESSURES AND IMPACTS

(REFERRED TO IN ARTICLES 8(1), 9(1), 9(3), 11(1) AND 22)

Table 1

Characteristics

Physical and chemical features

— Topography and bathymetry of the seabed;

— Annual and seasonal temperature regime and ice cover, current velocity,
upwelling, wave exposure, mixing characteristics, turbidity, residence time;

— Spatial and temporal distribution of salinity;

— Spatial and temporal distribution of nutrients (DIN, TN, DIP, TP, TOC) and

oxygen;

— pH, pCO2 profiles or equivalent information used to measure marine acidi-

fication.

— The predominant seabed and water column habitat type(s) with a descrip-
tion of the characteristic physical and chemical features, such as depth,
water temperature regime, currents and other water movements, salinity,
structure and substrata composition of the seabed;

— Identification and mapping of special habitat types, especially those recog-
nised or identified under Community legislation (the Habitats Directive
and the Birds Directive) or international conventions as being of special
scientific or biodiversity interest;

— Habitats in areas which by virtue of their characteristics, location or stra-
tegic 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 predomi-
nant seabed and water column habitats. This would include information
on the phytoplankton and zooplankton communities, including the species
and seasonal and geographical variability;

— Information on angiosperms, macro-algae and invertebrate bottom fauna,
including species composition, biomass and annual/seasonal variability;

— Information on the structure of fish populations, including the abundance,

distribution and age/size structure of the populations;

— A description of the population dynamics, natural and actual range and
status of species of marine mammals and reptiles occurring in the marine
region or sub-region;

— A description of the population dynamics, natural and actual range and
status of species of seabirds occurring in the marine region or sub-region;

— A description of the population dynamics, natural and actual range and
status of other species occurring in the marine region or sub-region which
are the subject of Community legislation or international agreements;

— An inventory of the temporal occurrence, abundance and spatial distribu-
tion of non-indigenous, exotic species or, where relevant, genetically
distinct forms of native species, which are present in the marine region or
sub-region.

— A description of the situation with regard to chemicals, including chemicals
giving rise to concern, sediment contamination, hot spots, health issues
and contamination of biota (especially biota meant for human consump-
tion);

— A description of any other features or characteristics typical of or specific

to the marine region or sub-region.

Habitat types

Biological features

Other features

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Table 2

Pressures and impacts

Physical loss

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

— Sealing (e.g. by permanent constructions).

Physical damage

— Changes in siltation (e.g. by outfalls, increased run-off, dredging);

— Abrasion (e.g. by boating, anchoring, commercial fishing);

— Selective extraction (e.g. by commercial fishing, aggregate dredging, entan-

glement).

Other physical disturbance

— Underwater noise (e.g. boat activity, seismic);

— Marine litter.

Interference with natural hydrological
processes

— Significant changes in thermal regime (e.g. by outfalls, power stations);

— Significant changes in salinity regime (e.g. by constructions impeding water

movements, water abstraction).

Contamination by hazardous substances — Introduction of synthetic compounds (e.g. priority substances under Direc-
tive 2000/60/EC which are relevant
environment,
biologically active substances, pesticides, antifoulants, pharmaceuticals,
resulting e.g. from losses from diffuse sources, accidental pollution by
ships, atmospheric deposition);

the marine

for

— Introduction of non-synthetic compounds (e.g. heavy metals, hydrocar-
bons, resulting e.g. from accidental pollution by ships, atmospheric deposi-
tion, riverine inputs);

— Introduction of radio nuclide.

Nutrient and organic matter enrichment — Inputs of nitrogen and phosphorus (e.g. direct discharges from point
losses from diffuse sources including agriculture, atmospheric

sources,
deposition);

— Organic enrichment (e.g. mariculture, riverine inputs).

Biological disturbance

— Introduction of microbial pathogens;

— Introduction of non-indigenous species and translocations;

— Selective extraction of species (e.g. by commercial and recreational fishing).

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ANNEX IV

INDICATIVE LIST OF CHARACTERISTICS TO BE TAKEN INTO ACCOUNT FOR SETTING ENVIRONMENTAL
TARGETS

(REFERRED TO IN ARTICLES 10(1) AND 22)

(1) Adequate coverage of the elements characterising marine waters under the sovereignty or jurisdiction of Member

States within a marine region or sub-region.

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

(3)

Specification of environmental status to be achieved or maintained and formulation of that status in terms of
measurable properties of the elements characterising the marine waters of a Member State within a marine region or
sub-region.

(4) Consistency of the set of targets; absence of conflicts between them.

(5)

(6)

(7)

Specification of the resources needed for the achievement of targets.

Formulation of targets, including possible interim targets, with a timescale for their achievement.

Specification of indicators intended to monitor progress and guide management decisions with a view to achieving
targets.

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

(9) Due consideration of social and economic concerns in the setting of targets.

(10) Examination of the set of environmental targets, associated indicators and limit and target reference points developed
in light of the environmental objectives laid down in Article 1 of this Directive, 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, making use of those that are most relevant for the marine
region or sub-region concerned with a view to achieving the environmental objectives laid down in Article 1 of this
Directive.

(12) When the set of targets and indicators has been assembled, they should be examined together relative to the environ-
mental objectives laid down in Article 1 of this Directive to assess whether the achievement of the targets would
lead the marine environment to a status matching them.

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ANNEX V

MONITORING PROGRAMMES

(REFERRED TO IN ARTICLES 11(1) AND 22)

(1) Need to provide information for an assessment of the environmental status and for an estimate of the distance from,
and progress towards, good environmental status in accordance with Annex III and with the criteria and methodolo-
gical standards to be defined pursuant to Article 9(3) of this Directive.

(2) Need to ensure the generation of information enabling the identification of suitable indicators for the environmental

targets provided for in Article 10 of this Directive.

(3) Need to ensure the generation of information allowing the assessment of the impact of the measures referred to in

Article 13 of this Directive.

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

(5) Need to provide information on chemical contaminants in species for human consumption from commercial fishing

areas.

(6) Need to include activities to confirm that the corrective measures deliver the desired changes and not any unwanted

side effects.

(7) Need to aggregate the information on the basis of marine regions or sub-regions in accordance with Article 4 of this

Directive.

(8) Need to ensure comparability of assessment approaches and methods within and between marine regions and/or

sub-regions.

(9) Need to develop technical specifications and standardised methods for monitoring at Community level, so as to

allow comparability of information.

(10) Need to ensure, as far as possible, compatibility with existing programmes developed at regional and international
level with a view to fostering consistency between these programmes and avoiding duplication of effort, making use
of those monitoring guidelines that are the most relevant for the marine region or sub-region concerned.

(11) Need to include, as part of the initial assessment provided for in Article 8 of this Directive, an assessment of major

changes in the environmental conditions as well as, where necessary, new and emerging issues.

(12) Need to address, as part of the initial assessment provided for in Article 8 of this Directive, the relevant elements
listed in Annex III including their natural variability and to evaluate the trends towards the achievement of the
environmental targets laid down pursuant to Article 10(1) of this Directive, using, as appropriate, the indicators
established and their limit or target reference points.

ANNEX VI

PROGRAMMES OF MEASURES

(REFERRED TO IN ARTICLES 13(1) AND 22)

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

(2) Output controls: management measures that influence the degree of perturbation of an ecosystem component that is

permitted.

(3) Spatial and temporal distribution controls: management measures that influence where and when an activity is

allowed to occur.

(4) Management coordination measures: tools to ensure that management is coordinated.

(5) Economic incentives: management measures which make it in the economic interest of those using the marine ecosys-

tems to act in ways which help to achieve the good environmental status objective.

(6) 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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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

In October 2005, the Commission adopted its proposal (1) for a Directive of the European Parliament
and of the Council establishing A Framework for Community Action in the field of Marine Environ-
mental Policy (Marine Strategy Directive). This proposal was presented to the Council on
21 November 2005.

The European Parliament adopted its first reading Opinion on 13 November 2006.

The Committee of the Regions adopted its Opinion on 26 April 2006 (2).

The European Economic and Social Committee adopted its Opinion on 20 April 2006 (3).

The Council adopted its Common Position on 23 July 2007.

II. OBJECTIVE

The main objective of the proposed Directive, which should be seen as the environmental pillar of the
future EU Maritime Policy, is to establish a framework for the protection and preservation of the marine
environment, the prevention of its deterioration and, where practicable, the restoration of that environ-
ment in areas where it has been adversely affected.

This would be done through development and implementation, by the Member States, of marine strate-
gies with the aim of achieving or maintaining good environmental status in the marine environment by
the year 2021 at the latest.

Marine strategies would apply an ecosystem-based approach to the management of human activities
while enabling the sustainable use of marine goods and services.

Furthermore, the Directive would contribute to the coherence between, and would aim to ensure the
integration of environmental concerns into, the different policies, agreements and legislative measures
which have an impact on the marine environment.

Cooperation at regional level would be essential to successful implementation of the Directive. In return,
the Directive would contribute to enhancing action at international level, in particular in the context of
regional seas conventions for the protection of the marine environment, by providing a clear, legally
enforceable framework within which Member States would operate.

III. ANALYSIS OF THE COMMON POSITION

General

The common position incorporates a number of the European Parliament's first-reading amendments,
either verbatim,
in part or in spirit. These improve or clarify the text of the proposed Directive.
However, other amendments are not reflected in the common position because the Council agreed that
they were unnecessary or unacceptable or,
in several cases, because provisions from the original
Commission proposal were deleted or thoroughly redrafted.

In particular, the Council has sought to clarify the scope and objectives of the proposed Directive by
adding definitions of key terms and concepts (Article 3) as well as an annex (Annex I) containing
generic qualitative descriptors to guide determination of good environmental status, bearing in mind
that the proposal is for a framework Directive that should not burden implementation with too much
technical detail.

Furthermore, the Council has added or amended a number of provisions to specify Member States' obli-
gations in implementation. Notably, the obligations of Member States without marine waters are clarified
in a way that ensures that all EU Member States will cooperate towards achieving good environmental
status in the marine environment (Articles 6 and 24).

(1) Doc. 13759/05 — COM(2005) 505 final.
(2) OJ C 206, 29.8.2006, p. 5.
(3) OJ C 185, 8.8.2006, p. 20.

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The common position also foresees situations where environmental targets established by Member States
might not be achieved or might not be achieved within the timetable foreseen (Article 14). In such
cases, Member States would be under the twofold obligation to provide the Commission with justifica-
tions and to take ad hoc measures so as to mitigate damage. On the other hand, the text agreed by the
Council provides for situations where more urgent or stronger action is needed (cf. Article 5(3)
concerning pilot projects and Article 13(4) on marine protected areas).

Specific

(1) Good environmental status (GES)

The Council, very much like the EP, has considered that GES is central to this proposed Directive.
Both institutions have logically complemented the initial proposal with a definition and a set of
qualitative descriptors to guide determination of good environmental status in each marine region
or sub-region.

Although many of the elements covered by the 11 amendments adopted by the EP concerning GES
are addressed in the common position, it must be stressed that the two institutions have taken
rather different approaches. The Council's concept is mostly based on status (in other words: what
are the features that need to be present for the status of the marine environment to be considered
good; cf. Annex I), but recognises that, for obvious reasons, some human activities (related to agri-
culture, fisheries or shipping) are more likely than others to increase pressure on the marine environ-
ment (cf. Table 2 of Annex III). On the other hand, most EP amendments, though not all, focus on
human-induced, and even sector-specific, pressure upon that environment. Furthermore, the level of
technical detail in several EP amendments is not compatible with the Council's approach to this
proposal for a framework Directive.

(2) Objectives, timetables and costs

The Council stresses that it has adopted an ambitious and realistic approach to the related issues of
obligations and timetables.

As opposed to the EP, the Council is not in favour of an overall tightening of deadlines, in particular
2017 instead of 2021 for achieving good environmental status, given the high diversity of situations
across Europe. Nevertheless, the common position allows for speedier implementation wherever
Member States deem that it is desirable and/or feasible (cf. Article 5 (3)). It should also be noted that
the timetable adopted by the Council for this Directive is compatible with the implementation and
reporting timing under the Water Framework Directive.

The Council also considered that it would be unrealistic, no matter how desirable, to make achieve-
ment of good environmental status, even by 2021, a legally binding objective (compare EP amend-
ment 24 with Article 1 (1), second subparagraph in the common position). The common position
makes it mandatory to take a number of measures and steps according to a precise timetable. This
alone should ensure visible progress towards the GES objective, if not complete achievement by
2021.

Along similar lines, the Council also considered that Member States,
in developing and imple-
menting marine strategies, should not be under an obligation to take steps where there is no signifi-
cant risk to the environment, or where action would entail disproportionate costs taking into
account the risks to the marine environment. Here too, however, Member States are required to
provide the Commission with a justification.

(3) Marine strategies and regional cooperation

The Council can agree with the EP that cooperation within marine regions or sub-regions, both
amongst EU Member States and with third countries, is crucial. The common position emphasises
the need to use existing international institutional cooperation structures, including those established
under regional seas conventions, to avoid duplication of efforts.

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The Council cannot, however, accept the notion, suggested in amendment 33, of joint responsibility
for developing one single marine strategy per region or sub-region. This would dilute the legal
responsibility for compliance between several Member States and would hinder progress towards the
objective of the proposed Directive. The Council considers that the ultimate responsibility for
meeting obligations under Community legislation in general, and under this Directive in particular,
must lie strictly with individual Member States.

IV. CONCLUSION

The Council believes that
the common position represents a balanced package of measures that
would contribute to the pursuit of the objectives of Community environmental policy outlined in
Article 174(1) EC Treaty. It would respond adequately to the request set out in the 6th Community
Environment Action Programme (1), reflecting the urgent need to address increasing concerns in relation
to the state of Europe's oceans and seas and aiming ‘to promote the sustainable use of the seas and
conserve marine ecosystems’.

It would in particular advance significantly the protection and preservation of the marine environment.
It would also ensure effective implementation by the Member States, taking due account of specific
circumstances at regional or sub-regional level.

The Council looks forward to constructive discussions with the European Parliament with a view to the
early adoption of the Directive.

(1) Decision No 1600/2002/EC (OJ L 242, 10.9.2002, p. 1).