Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance)
Date: 2008-06-17
Institutions: Council of the European Union, European Parliament
Subjects: EU action, environmental protection, marine ecosystem, marine environment, marine pollution, prevention of pollution

25.6.2008

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Official Journal of the European Union

L 164/19

DIRECTIVES

DIRECTIVE 2008/56/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 June 2008

establishing a framework for community action in the field of marine environmental policy (Marine
Strategy Framework Directive)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

impact on marine waters regardless of where their effects
occur.

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

establishing the European

(3)

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)

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
including the waters
the North-east Atlantic Ocean,
surrounding the Azores, Madeira and the Canary Islands.

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

(1) OJ C 185, 18.8.2006, p. 20.
(2) OJ C 206, 29.8.2006, p. 5.
(3) Opinion of the European Parliament of 14 November 2006 (OJ C
314 E, 21.12.2006, p. 86), Council Common Position of 23 July
2007 (OJ C 242 E, 16.10.2007, p. 11) and Position of the European
Parliament of 11 December 2007 (not yet published in the Official
Journal). Council Decision of 14 May 2008.

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
inter alia, promote the integration of
Directive should,
environmental considerations
relevant policy
areas and deliver the environmental pillar of the future
maritime policy for the European Union.

into all

(4)

(5)

(6)

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
developed with the overall aim of promoting sustainable
use of the seas and conserving marine ecosystems.

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

ecosystems. This

including
The establishment of marine protected areas,
areas already designated or
to be designated under
Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and
flora (5) (hereinafter referred to as the ‘Habitats Directive’),
Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds (6) (hereinafter referred to as
the ‘Birds Directive’), and under international or regional
to which the European Community or
agreements
Member States concerned are Parties,
is an important
contribution to the achievement of good environmental
status under this Directive.

(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.

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(7)

(8)

(9)

(10)

(11)

Establishing such protected areas under this Directive will
be an important step towards fulfilling the commitments
undertaken at the World Summit on Sustainable Deve-
lopment and in the Convention on Biological Diversity,
approved by Council Decision 93/626/EEC (1), and will
contribute to the creation of coherent and representative
networks of such areas.

applying an ecosystem-based approach to the
By
management of human activities while
enabling a
sustainable use of marine goods and services, priority
should be given to achieving or maintaining good envi-
ronmental status in the Community’s marine environ-
ment,
to continuing its protection and preservation,
and to preventing subsequent deterioration.

is

required.

legislative

into other policies,

In order to achieve those objectives, a transparent and
coherent
This
framework
framework should contribute to coherence between
different policies and foster the integration of environ-
mental
the
concerns
the Common Agricultural
Common Fisheries Policy,
Policy and other relevant Community policies. The legis-
lative framework should provide an overall framework
for action and enable the action taken to be coordinated,
consistent and properly integrated with action under
other
international
legislation
agreements.

Community

such as

and

in

environment

the Community

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

should

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 subregion concerned. Marine
strategies
execution of
programmes of measures designed to achieve or
maintain good environmental status. However, Member
States should not be required to take specific steps where
there is no significant risk to the marine environment, or
where
taking
the
environment,
account of

costs would be disproportionate
the

to the marine

culminate

in the

risks

provided that any decision not
properly justified.

to take action is

(12)

(13)

the environmental status of

Coastal waters, including their seabed and subsoil, are an
integral part of the marine environment, and as such
in so far as
should also be covered by this Directive,
the
particular aspects of
marine environment are not already addressed through
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 (2) or other Community legislation, so as to ensure
complementarity while avoiding unnecessary overlaps.

should cooperate

By reason of the transboundary nature of the marine
environment, Member
to
States
ensure the coordinated development of marine strategies
subregion. Since marine
for each marine region or
regions or
subregions 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 established in marine regions or subregions,
in particular Regional Sea Conventions, should be used
to ensure such coordination.

(14) Member States having borders on the same marine
region or subregion 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.

(15) 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.

(16)

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.

(1) OJ L 309, 13.12.1993, p. 1.

(2) OJ L 327, 22.12.2000, p. 1. Directive as last amended by Directive

2008/32/EC (OJ L 81, 20.3.2008, p. 60).

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(17)

(18)

(19)

and

Community

the Unclos

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
the
of
European
Agreement of 28 July 1994 relating to the implemen-
the
tation of Part XI
Community
those
and
agreements should therefore be taken fully into account
in this Directive. In addition to the provisions applicable
to the marine waters of the Parties, the Unclos includes
general obligations to ensure that activities under the
jurisdiction or control of a Party do not cause damage
beyond its marine waters, and to avoid that damage or
hazards are transferred from one area to another or that
one type of pollution is transformed into another.

thereof (1). The obligations of
its Member

States under

by

Council

Pollution

amendments

from Land-Based

approved
its
and

Decision
Mediterranean,
77/585/EEC (5),
from 1995,
approved by Council Decision 1999/802/EC (6), as well
as its Protocol for the Protection of the Mediterranean
Sources,
Sea Against
approved by Council Decision 83/101/EEC (7), and its
amendments from 1996, approved by Council Decision
1999/801/EC (8). This Directive should also contribute to
the fulfilment of Member States’ obligations under the
Convention on the Protection of the Black Sea Against
Pollution, under which they have entered into important
commitments relating to the protection of the marine
environment
the
Community is not yet a party but in respect of which
it has observer status.

from pollution,

to which

and

in the

context of

This Directive should also support the strong position
taken by the Community,
the
Convention on Biological Diversity, on halting biodi-
versity loss, ensuring the conservation and sustainable
use of marine biodiversity, and on the creation of a
global network of marine protected areas by 2012. Addi-
tionally, it should contribute to the achievement of the
objectives of the Seventh Conference of the Parties to the
Convention on Biological Diversity, 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 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.

(20)

(21)

Third countries with waters in the same marine region or
subregion 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 subregion concerned.

It is crucial for the achievement of the objectives of this
Directive to ensure the integration of conservation
objectives, management measures and monitoring and
assessment
spatial protection
measures such as special areas of conservation, special
protection areas or marine protected areas.

set up for

activities

(22) Account should also be taken of biodiversity and the
for marine research associated with deep-

potential
water environments.

of

and

relating

agreements

international

commitments

This Directive should contribute to the fulfilment of the
the
important
obligations
several
Community and the Member States under
relevant
the
to
protection of the marine environment from pollution:
the Convention on the Protection of the Marine Environ-
the Baltic Sea Area, approved by Council
ment of
94/157/EC (2),
Decision
the
the North-
Protection of
East
Decision
98/249/EC (3),
including its new Annex V on the
Protection and Conservation of
the Ecosystems and
Biological Diversity of the Maritime Area and the corre-
sponding Appendix 3, approved by Council Decision
2000/340/EC (4), the Convention for the Protection of
the Marine Environment and the Coastal Region of the

the Convention
the Marine Environment of
Council

approved

Atlantic,

for

by

(23)

area

the state of

environment

in a particular

Since programmes of measures executed under marine
strategies will be effective only if they are devised on
the
the basis of a sound knowledge of
and are
marine
tailored as closely as possible to the needs of
the
waters concerned in the case of each Member State
and from the general perspective of the marine region
or subregion concerned, provision should be made for
the preparation at national
level of an appropriate
framework,
including marine research and monitoring
operations, for informed policymaking. At Community
level,
be
associated
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.

research should

support

for

(1) OJ L 179, 23.6.1998, p. 1.
(2) OJ L 73, 16.3.1994, p. 19.
(3) OJ L 104, 3.4.1998, p. 1.
(4) OJ L 118, 19.5.2000, p. 44.

(5) OJ L 240, 19.9.1977, p. 1.
(6) OJ L 322, 14.12.1999, p. 32.
(7) OJ L 67, 12.3.1983, p. 1.
(8) OJ L 322, 14.12.1999, p. 18.

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(24) As a first step in the preparation of programmes of
measures, Member States across a marine region or
subregion should undertake an analysis of the features
or characteristics of, and pressures and impacts on, their
marine waters, identifying the predominant pressures 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
sea
in the context of
conventions as a basis for their analyses.

regional

(25) On the basis of such analyses, Member States should
then determine for their marine waters a set of characte-
ristics for good environmental status. For those purposes,
it is appropriate to make provision for the development
of criteria and methodological
to ensure
standards
comparison between
consistency and to allow for
marine regions or subregions of the extent to which
is being achieved. These
good environmental
should be developed with the
involvement of all
interested parties.

status

(26)

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

and monitoring programmes

(30)

(31)

(27) 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 subregion concerned. Those measures
the precautionary
should be devised on the basis of
principle
action
should be taken, that environmental damage should, as
a priority, be rectified at source and that the polluter
should pay.

and the principles

that preventive

it should be recognised
marine environment. However,
that achieving or maintaining good environmental status
in every aspect may not be possible in all marine waters
by 2020. Therefore, 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 or to
achieve or maintain good environmental status.

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
targets,
of continuing to pursue the environmental
preventing further deterioration in the status of
the
adverse
marine waters
impact within the marine region or subregion concerned.

affected and mitigating the

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
even of the entire marine region or subregion concerned,
but which cannot be tackled by measures taken at
national
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.

or which

linked

level

to

is

(28)

to ensure

focus needed.

action across

It is appropriate that Member States take the abovemen-
In
tioned steps, given the precision of
order
the
cohesion of
Community as a whole and in relation to commitments
at global level, it is essential 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 subregion concerned and as appro-
priate provide guidance on possible necessary modifi-
cations.

(29) Member States should take the necessary measures to
achieve or maintain good environmental status in the

(32) However,

taken. Moreover,

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 due consideration be given to the efficacy of any ad-
hoc measures
in cases where the
Member State refers
to action taken for overriding
the Commission should
reasons of public interest,
assess whether any modifications or alterations made to
the marine environment as a consequence do not perma-
nently preclude or compromise the achievement of good
environmental status in the marine region or subregion
concerned or across marine waters of other Member
States. The Commission should provide guidance on
possible necessary modifications if it considers that the
measures envisaged are not sufficient or suitable to
ensure coherence of action across the marine region.

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(33) 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-
priate,
the Member State
concerned when presenting related proposals to the
European Parliament and the Council.

recommendations of

the

(34)

(35)

(36)

(37)

(38)

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
climate change, it is essential to recognise that the deter-
mination of good environmental status may have to be
it is appropriate that
adapted over time. Accordingly,
programmes of measures
the protection and
for
management of the marine environment be flexible and
adaptive and take account of scientific and technological
developments. Provision should therefore be made for
the updating of marine strategies on a regular basis.

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
the
implementation and updating of
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
infor-
mation.

to environmental

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 2019 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

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

(EC) No

2371/2002

(39) Measures regulating fisheries management can be taken
in the context of the Common Fisheries Policy, as set out
in Council Regulation
of
20 December 2002 on the conservation and sustainable
fisheries resources under the Common
exploitation of
Fisheries Policy (2), based on scientific advice with a
view to supporting the achievement of the objectives
addressed by this Directive, including the full closure to
fisheries of certain areas, to enable the integrity, structure
and functioning of ecosystems to be maintained or
restored and, where appropriate,
in order to safeguard,
spawning, nursery and feeding grounds.
inter alia,
Articles 30 and 31 of
the Euratom Treaty regulate
discharges and emissions resulting from the use of radio-
active material and this Directive should therefore not
address them.

(40)

including in the future
The Common Fisheries Policy,
reform, should take into account
the environmental
impacts of fishing and the objectives of this Directive.

(41)

(42)

(43)

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
they should make appropriate
is desirable,
agreement
recommendations for Community action.

The serious environmental concerns, in particular those
due to climate change, relating to the Arctic waters, a
neighbouring marine
particular
importance for the Community, need to be assessed by
the Community institutions and may require action to
ensure the environmental protection of the Arctic.

environment

of

cannot be

the marine

environment,

Since the objectives of this Directive, namely protection
and preservation of
the
prevention of
its deterioration and where practicable
the restoration of that environment in areas where it
sufficiently
has been adversely affected,
achieved by Member States and can therefore, by
the Directive, be
reason of
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.

the scale and effects of

(44)

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.

(2) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation

(EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

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(45)

(46)

(47)

(48)

the fundamental

rights, and
This Directive respects
observes the principles, recognised by the Charter of
in
Fundamental Rights of
particular 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.

the European Union (1),

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
implementing powers
the exercise of
procedures for
conferred on the Commission (2).

In particular, the Commission should be empowered 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
they must be adopted in
elements of
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.

this Directive,

The Commission should also be empowered to lay down
criteria and methodological standards to be used by the
Member States and to adopt specifications and stan-
dardised methods for monitoring and assessment. Since
those measures are of general scope and are designed to
amend non-essential elements of this Directive by supple-
menting it with 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

(a) protect and preserve the marine environment, prevent its
deterioration
restore marine
ecosystems in areas where they have been adversely affected;

or, where

practicable,

(b) prevent and reduce inputs in the marine environment, with
a view to phasing out pollution as defined in Article 3(8), so
as to ensure that there are no significant impacts on or risks
to marine biodiversity, marine ecosystems, human health or
legitimate uses of the sea.

3. Marine strategies shall apply an ecosystem-based approach
the
to the management of human activities, ensuring that
collective pressure of
is kept within levels
such activities
compatible with the achievement of good environmental
status and that the capacity of marine ecosystems to respond
to human-induced changes is not compromised, while enabling
the sustainable use of marine goods and services by present and
future generations.

This Directive shall contribute to coherence between, and
4.
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

1.
This Directive shall apply to all marine waters as defined
in Article 3(1), and shall take account of the transboundary
effects on the quality of
third
States in the same marine region or subregion.

the marine environment of

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

Article 3

Definitions

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

1.
This Directive establishes a framework within which
Member States shall take the necessary measures to achieve or
maintain good environmental status in the marine environment
by the year 2020 at the latest.

1.

‘marine waters’ means:

For that purpose, marine strategies shall be developed and

2.
implemented in order to:

(1) OJ C 364, 18.12.2000, p. 1.
(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

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

(a) 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 exercises jurisdic-
tional rights, in accordance with the Unclos, with the
exception of waters adjacent to the countries and terri-
tories mentioned in Annex II to the Treaty and the
French Overseas Departments and Collectivities; and

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2.

3.

4.

5.

(b) coastal waters as defined by Directive 2000/60/EC, their
seabed and their subsoil, in so far as particular aspects
of the environmental status of the marine environment
are not already addressed through that Directive or
other Community legislation;

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

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

taking into account

in marine waters,
function and processes of

‘environmental status’ means the overall state of the envi-
ronment
the
structure,
constituent
marine ecosystems together with natural physiographic,
geographic, biological, geological and climatic factors, as
well
conditions,
including those resulting from human activities inside or
outside the area concerned;

and chemical

as physical,

acoustic

the

‘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 structure, functions and processes of the constituent
marine ecosystems, together with the associated physio-
graphic, geographic, geological and climatic factors,
allow those ecosystems
to function fully and to
maintain their resilience to human-induced environ-
mental
are
protected, human-induced decline of biodiversity is
prevented and diverse biological components function
in balance;

change. Marine

and habitats

species

the ecosystems,

(b) hydro-morphological, physical and chemical properties
including those properties which
from human activities in the area concerned,
the ecosystems as described above. Anthro-
including
into the marine environment do not cause

of
result
support
pogenic inputs of substances and energy,
noise,
pollution effects;

the marine region or

Good environmental status shall be determined at the level
of
referred to in
Article 4, on the basis of the qualitative descriptors in
Annex I. Adaptive management on the basis of
the
ecosystem approach shall be applied with the aim of
attaining good environmental status;

subregion as

6.

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

7.

8.

9.

10.

‘environmental target’ means a qualitative or quantitative
statement on the desired condition of
the different
components of, and pressures and impacts on, marine
waters in respect of each marine region or subregion. Envi-
ronmental
targets are 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
deleterious effects such as harm to living resources and
marine ecosystems, including loss of biodiversity, hazards
the hindering of marine activities,
to human health,
tourism and recreation and other
including fishing,
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;

‘regional cooperation’ means cooperation and coordination
of activities between Member States and, whenever possible,
third countries
region or
subregion, for the purpose of developing and implementing
marine strategies;

same marine

sharing the

‘regional sea convention’ means any of the international
together with
conventions or
international agreements
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 Environ-
ment of the North-east Atlantic and the Convention for the
Marine Environment and the Coastal Region of the Medi-
terranean Sea.

Article 4

Marine regions or subregions

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
integral part of the following marine regions:

(a)

the Baltic Sea;

(b) the North-east Atlantic Ocean;

(c)

the Mediterranean Sea;

(d) the Black Sea.

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

the appropriate level of

(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 biogeographic
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.

Member States shall inform the Commission of any subdivisions
by the date specified in the first subparagraph of Article 26(1)
but may revise these upon completion of the initial assessment
referred in Article 5(2), point (a)(i).

Article 5

Marine strategies

Each Member State shall, in respect of each marine region
1.
or subregion 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.

2. Member States sharing a marine region or subregion shall
cooperate to ensure that, within each marine region or
subregion, the measures required to achieve the objectives of
this Directive, in particular the different elements of the marine
strategies referred to in points (a) and (b), are coherent and
coordinated across the marine region or subregion concerned,
in accordance with the following plan of action for which

Member States concerned endeavour
approach:

to follow a common

(a) preparation:

(i) an initial assessment, to be completed by 15 July 2012
the waters
impact of human

the current environmental
of
concerned and the environmental
activities thereon, in accordance with Article 8;

status of

(ii) a determination, to be established by 15 July 2012 of
good environmental status for the waters concerned, in
accordance with Article 9(1);

(iii) establishment, by 15 July 2012, of a series of environ-
mental targets and associated indicators, in accordance
with Article 10(1);

(iv) establishment and implementation, by 15 July 2014
except where otherwise
relevant
Community legislation, of a monitoring programme
and regular updating of
for ongoing assessment
targets, in accordance with Article 11(1);

specified in the

(b) programme of measures:

(i) development, by 2015 at the latest, of a programme of
measures designed to achieve or maintain good environ-
(2)
mental status,
and (3);

in accordance with Article 13(1),

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

(i), by 2016 at

the latest,

point
Article 13(10).

3. Member States having borders on the same marine region
or subregion covered by this Directive should, where the status
of the sea is so critical as to necessitate urgent action, devise a
plan of action in accordance with paragraph 1 which includes
an earlier entry into operation of programmes of measures as
well as possible stricter protective measures, provided that this
from being
does not prevent good environmental
achieved or maintained
region or
subregion. In these cases:

status
in another marine

(a)

the Member States concerned shall inform the Commission
of their revised timetable and proceed accordingly;

(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.

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Article 6

Regional cooperation

CHAPTER II

MARINE STRATEGIES: PREPARATION

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 subregion.

2.
For the purpose of establishing and implementing marine
strategies, Member States shall, within each marine region or
subregion, make every effort, using relevant
international
forums, including mechanisms and structures of Regional Sea
Conventions, to coordinate their actions with third countries
having sovereignty or jurisdiction over waters in the same
marine region or subregion.

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

structures

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

Article 7

Competent authorities

1. Member States shall, by 15 July 2010, for each marine
region or subregion concerned, designate the authority or auth-
orities competent for the implementation of this Directive with
respect to their marine waters.

By 15 January 2011, Member States
the
Commission with a list of the competent authorities designated,
together with the items of information listed in Annex II.

shall provide

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 subregion shall also designate the authority or authorities
competent for cooperation and coordination as referred to in
Article 6.

Article 8

Assessment

1.
In respect of each marine region or subregion, 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 features and characteristics, and
current environmental 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 biological features and the hydro-morphology;

(b) an analysis of

the predominant pressures and impacts,
including human activity, on the environmental status of
those waters which:

(i) is based on the indicative lists of elements set out in
Table 2 of Annex III, and covers the qualitative and
quantitative mix of the various pressures, as well as
discernible trends;

(ii) covers the main cumulative and synergetic effects; and

(iii) takes account of the relevant assessments which have
been made pursuant to existing Community legislation;

(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 existing Community
legislation, in particular Directive 2000/60/EC. They shall also
take into account, or use as
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 environment.

their basis, other

In preparing assessments pursuant

3.
to paragraph 1,
Member States shall, by means of the coordination established
pursuant to Articles 5 and 6, make every effort to ensure that:

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

(a) assessment methodologies are consistent across the marine

region or subregion;

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(b) transboundary impacts and transboundary features are taken

into account.

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 subregion concerned, determine,
the marine
for
waters, a set of characteristics for good environmental status,
on the basis of the qualitative descriptors listed in Annex I.

Member States shall take into account the indicative lists of
in particular,
elements set out in Table 1 of Annex III and,
physical
types, biological
features and hydro-morphology.

features, habitat

and chemical

Member States shall also take into account the pressures or
region or
impacts of human activities
subregion, having regard to the indicative lists set out
in
Table 2 of Annex III.

in each marine

shall notify the Commission of

the
2. Member States
assessment made pursuant to Article 8(1) and of the determi-
nation made pursuant to paragraph 1 of this Article within
three months of completion of the latter.

regulatory procedure with scrutiny

3.
Criteria and methodological standards to be used by the
Member States, which are designed to amend non-essential
elements of this Directive by supplementing it, shall be laid
down, on the basis of Annexes I and III, in accordance with
the
to in
Article 25(3) by 15 July 2010 in such a way as to ensure
consistency and to allow for comparison between marine
regions or subregions of the extent to which good environmen-
tal status is being achieved. Before proposing such criteria and
standards the Commission shall consult all
interested parties,
including Regional Sea Conventions.

referred

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 and that relevant trans-
boundary impacts and transboundary features are also taken
into account, to the extent possible.

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

Article 11

Monitoring programmes

On the basis of the initial assessment made pursuant to
1.
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.

Monitoring programmes shall be compatible within marine
regions or subregions and shall build upon, and be compatible
with, relevant provisions for assessment and monitoring laid
down by Community legislation,
including the Habitats and
Birds Directives, or under international agreements.

2. Member States sharing a marine region or subregion shall
draw up monitoring programmes in accordance with paragraph
1 and shall,
in the interest of coherence and coordination,
endeavour to ensure that:

(a) monitoring methods are consistent across the marine region
or subregion so as to facilitate comparability of monitoring
results;

(b) relevant transboundary impacts and transboundary features

are taken into account.

Article 10

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

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 subregion, 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 lists of pressures and impacts set out in Table 2 of Annex
III, and of characteristics set out in Annex IV.

4.
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
this Directive by supplementing it, shall be adopted in
of
accordance with the
regulatory procedure with scrutiny
referred to in Article 25(3).

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Article 12

Notifications and Commission’s assessment

On the basis of all the notifications made pursuant to Articles
in respect of each marine region or
9(2), 10(2) and 11(3)
subregion, the Commission shall assess whether,
in the case
the elements notified constitute an
of each Member State,
appropriate framework to meet
this
Directive and may ask the Member State concerned to
is available and
provide any additional
necessary.

the requirements of

information that

In drawing up those assessments,
consider
the coherence of
marine regions or subregions and across the Community.

the Commission shall
frameworks within the different

Within six months of receiving all
the
Commission informs Member States concerned whether, in its
opinion, the elements notified are consistent with this Directive
and provides guidance on any modifications
it considers
necessary.

those notifications,

CHAPTER III

MARINE STRATEGIES: PROGRAMMES OF MEASURES

Article 13

Programmes of measures

1. Member States shall, in respect of each marine region or
subregion 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.

3. When drawing up the programme of measures pursuant
to paragraph 2, Member States shall give due consideration to
in particular, to the social and
sustainable development and,
economic impacts of
the
competent authority or authorities referred to in Article 7 to
pursue their objectives in an integrated manner, Member States
may identify or establish administrative frameworks in order to
benefit from such interaction.

the measures envisaged. To assist

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
include spatial protection measures, contributing
Article shall
to coherent and representative networks of marine protected
areas, adequately covering the diversity of
the constituent
ecosystems, such as special areas of conservation pursuant to
the Habitats Directive, special protection areas pursuant to the
Birds Directive, 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.

5. Where Member States consider that the management of a
human activity at Community or international level is likely to
have a significant impact on the marine environment, particu-
larly in the areas addressed in paragraph 4, they shall, indivi-
dually or jointly, address the competent authority or interna-
tional organisation concerned with a view to the consideration
and possible adoption of measures that may be necessary in
order to achieve the objectives of this Directive, so as to enable
the integrity, structure and functioning of ecosystems to be
maintained or, where appropriate, restored.

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.

By 2013 at the latest, Member States shall make publicly
6.
available,
subregion,
in respect of each marine region or
relevant information on the areas referred to in paragraphs 4
and 5.

into

shall

required

integrate

the measures devised
2. Member States
to paragraph 1 into a programme of measures,
pursuant
relevant measures
under
taking
account
Community legislation,
in particular Directive 2000/60/EC,
Council Directive 91/271/EEC of 21 May 1991 concerning
urban waste-water treatment (1) and Directive 2006/7/EC of
the European Parliament and of the Council of 15 February
2006 concerning the management of bathing water quality (2),
as well as forthcoming legislation on environmental quality
standards
international
agreements.

field of water policy, or

in the

7. 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).

8. Member States shall consider the implications of
their
programmes of measures on waters beyond their marine
waters in order to minimise the risk of damage to, and if
possible have a positive impact on, those waters.

(1) OJ L 135, 30.5.1991, p. 40. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(2) OJ L 64, 4.3.2006, p. 37.

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

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Subject to Article 16, Member States shall ensure that
10.
the programmes are made operational within one year of their
establishment.

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

Article 14

Exceptions

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

achieved within the

they cannot be

time

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

not responsible;

(b) natural causes;

(c)

force majeure;

(d) modifications or alterations to the physical characteristics of
marine waters brought about by actions taken for reasons
of overriding public interest which outweigh the negative
impact on the environment,
including any transboundary
impact;

(e) natural conditions which do not allow timely improvement

in the status of the marine waters concerned.

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

However, the Member State concerned shall take appropriate
ad-hoc measures aiming to continue pursuing the environmen-
tal 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 subregion concerned or in the marine waters
of other Member States.

2.
In the situation covered by paragraph 1(d), Member States
shall ensure that the modifications or alterations do not perma-
nently preclude or compromise the achievement of good envi-
ronmental status at the level of the marine region or subregion
concerned or in the marine waters of other Member States.

shall develop and implement all

4. Member States
the
elements of marine strategies referred to in Article 5(2), but
shall not be required, except in respect of the initial assessment
described in Article 8, to take 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, and provided that
there is no further
deterioration.

Where, for either of these reasons, a Member State does not
it shall provide the Commission with the
take any steps,
necessary
its decision, while
avoiding that the achievement of good environmental status
be permanently compromised.

justification to substantiate

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.

The Commission shall respond within a period of six months.

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
the Commission shall
in relevant Community legislation,
respond to any such recommendation within a period of six
months and, as appropriate, reflect the recommendations when
presenting related proposals to the European Parliament and to
the Council.

Article 16

Notifications and Commission’s assessment

On the basis of the notifications of programmes of measures
made pursuant to Article 13(9), the Commission shall assess
in the case of each Member State, the programmes
whether,
the
notified constitute an appropriate framework to meet
requirements of this Directive, and may ask the Member State
concerned to provide any additional
is
available and necessary.

information that

In drawing up those assessments,
the Commission shall
consider the coherence of programmes of measures within the
different marine
the
Community.

and across

regions or

subregions

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the
Within six months of receiving all
Commission informs Member States concerned whether, in its
opinion, the programmes of measures notified are consistent
with this Directive and provides guidance on any modifications
it considers necessary.

those notifications,

CHAPTER IV

UPDATING, REPORTS AND PUBLIC INFORMATION

Article 17

Updating

report describing progress
programme.

in the implementation of

that

Article 19

Public consultation and information

In accordance with relevant existing Community legis-
1.
interested parties
lation, Member States shall ensure that all
are given early and effective opportunities to participate in the
involving, where possible,
implementation of
existing management bodies or structures,
including Regional
Sea Conventions, Scientific Advisory Bodies and Regional
Advisory Councils.

this Directive,

1. Member States shall ensure that, in respect of each marine
region or subregion concerned, marine strategies are kept up to
date.

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:

For the purposes of paragraph 1, Member States shall
in a coordinated manner as referred to in Article 5,
their marine strategies every six

2.
review,
the following elements of
years after their initial establishment:

(a)

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

(a)

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

(b) the

environmental

targets

established

pursuant

to

Article 10(1);

(b) the

environmental

targets

established

pursuant

to

Article 10(1);

(c)

the monitoring programmes
Article 11(1);

established pursuant

to

(c)

the monitoring programmes
Article 11(1);

established pursuant

to

(d) the programmes of measures

established pursuant

to

Article 13(2).

(d) the programmes of measures

established pursuant

to

Article 13(2).

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

3.
Details of any updates made following the reviews
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
accordance with Article 19(2).

Articles 12 and 16 shall apply mutatis mutandis to this

4.
Article.

Article 18

Interim reports

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

In accordance with Directive 2007/2/EC, Member States shall
provide the Commission, for the performance of its tasks in
relation to this Directive, in particular the review of the status of
under
in
the marine
Article 20(3)(b), with access and use rights in respect of data
and information resulting from the initial assessments made
pursuant to Article 8 and from the monitoring programmes
established pursuant to Article 11.

environment

Community

the

initial

than six months after

the data and information
No later
resulting from the
to
Article 8 and from the monitoring programmes established
pursuant to Article 11 have become available, such information
and data shall also be made available to the European Environ-
ment Agency, for the performance of its tasks.

assessment made pursuant

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

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Article 20

Commission reports

Article 21

Progress report on protected areas

The Commission shall publish a first evaluation report on
this Directive within two years of
in any case, by

1.
the implementation of
receiving all programmes of measures and,
2019 at the latest.

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

reports

submit

shall

It

the latest,

By 15 July 2012 at

2.
the Commission shall
publish a report assessing the contribution of this Directive to
the implementation of existing obligations, commitments and
initiatives of
the Community at
Community or international level in the sphere of environmen-
tal protection in marine waters.

the Member States or

That report shall be submitted to the European Parliament and
to the Council.

The reports provided for in paragraph 1 shall include the

3.
following:

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

(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;

On the basis of the information provided by the Member States
by 2013, the Commission shall report by 2014 on progress in
the establishment of marine protected areas, having regard to
existing obligations under applicable Community law and inter-
national commitments of
the Community and the Member
States.

The report shall be submitted to the European Parliament and
to the Council.

Article 22

Community financing

1.
Given the priority inherently attached to the establishment
of marine strategies, the implementation of this Directive shall
be supported by existing Community financial instruments in
accordance with applicable rules and conditions.

2.
The programmes drawn up by the Member States shall be
co-financed by the EU in accordance with existing financial
instruments.

Article 23

Review of this Directive

The Commission shall review this Directive by 15 July 2023
and
necessary
amendments.

shall, where

appropriate,

propose

any

CHAPTER V

FINAL PROVISIONS

Article 24

Technical adaptations

1.
Annexes III, IV and V may be amended in the light of
scientific and technical progress in accordance with the regu-
latory procedure with scrutiny referred to in Article 25(3),
taking into account the periods for the review and updating
of marine strategies laid down in Article 17(2).

In accordance with the regulatory procedure referred to in

2.
Article 25(2):

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

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

cation of Annexes I, III, IV and V;

(g) a summary of

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

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

mission and processing of data,
cartographic data.

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Article 25

Regulatory Committee

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.

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 26

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 15 July 2010 at the latest. They shall forthwith
communicate to the Commission the text of those provisions.

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
the
Commission the text of those measures.

communicate

concerned

States

shall

to

Article 27

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 28

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 17 June 2008.

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.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President
J. LENARČIČ

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ANNEX I

Qualitative descriptors for determining good environmental status

(referred to in Articles 3(5), 9(1), 9(3) and 24)

(1) Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of

species are in line with prevailing physiographic, geographic and climatic conditions.

(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, exhibiting a population

age and size distribution that is indicative of a healthy stock.

(4) All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity
and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive
capacity.

(5) Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity,

ecosystem degradation, harmful algae blooms and oxygen deficiency in bottom waters.

(6) Sea-floor integrity is at a level that ensures that the structure and functions of the ecosystems are safeguarded and

benthic ecosystems, in particular, are not adversely affected.

(7) 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 coastal and marine environment.

(11)

Introduction of energy, including underwater noise, is at levels that do not adversely affect the marine environment.

To determine the characteristics of good environmental status in a marine region or subregion as provided for in
Article 9(1), Member States shall consider each of the 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 subregion.
When a Member State considers that it is not appropriate to use one or more of those descriptors, it shall provide the
Commission with a justification in the framework of the notification made pursuant to Article 9(2).

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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
authorities, a list of these is required together with a summary of the institutional relationships established in
order to ensure coordination.

(5) Regional or subregional 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 subregion.

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ANNEX III

Indicative lists of characteristics, pressures and impacts

(referred to in Articles 8(1), 9(1), 9(3), 10(1), 11(1) and 24)

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,

Habitat types

Biological features

— 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 acidification.

— The predominant seabed and water column habitat type(s) with a description 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 recognised or iden-
tified 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 strategic importance
to intense or specific

merit a particular reference. This may include areas subject
pressures or areas which merit a specific protection regime.

— A description of the biological communities associated with the predominant seabed and
water column habitats. This would include information on the phytoplankton and
zooplankton communities,
including the species and seasonal and geographical varia-
bility,

— 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 subregion,

— a description of the population dynamics, natural and actual range and status of species

of seabirds occurring in the marine region or subregion,

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

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

Other features

— A description of the situation with regard to chemicals, including chemicals giving rise to
concern, sediment contamination, hotspots, health issues and contamination of biota
(especially biota meant for human consumption),

— a description of any other features or characteristics typical of or specific to the marine

region or subregion.

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Table 2

Pressures and impacts

Physical loss

Physical damage

— Smothering (e.g. by man-made structures, disposal of dredge spoil),
— sealing (e.g. by permanent constructions).

— Changes in siltation (e.g. by outfalls, increased run-off, dredging/disposal of dredge spoil),
— abrasion (e.g. impact on the seabed of commercial fishing, boating, anchoring),
— selective extraction (e.g. exploration and exploitation of living and non-living resources

on seabed and subsoil).

Other physical
disturbance

— Underwater noise (e.g. from shipping, underwater acoustic equipment),
— marine litter.

Interference with
hydrological processes

— Significant changes in thermal regime (e.g. by outfalls from power stations),
— significant changes in salinity regime (e.g. by constructions impeding water movements,

water abstraction).

Contamination by
hazardous substances

— Introduction of

synthetic

substances under Directive
2000/60/EC which are relevant for the marine environment such as pesticides, anti-
foulants, pharmaceuticals, resulting,
from losses from diffuse sources,
for example,
pollution by ships, atmospheric deposition and biologically active substances),

(e.g. priority

compounds

— introduction of non-synthetic substances and compounds (e.g. heavy metals, hydro-
from pollution by ships and oil, gas and mineral

carbons, resulting,
exploration and exploitation, atmospheric deposition, riverine inputs),

for example,

— introduction of radio-nuclides.

Systematic and/or
intentional release of
substances

— Introduction of other substances, whether solid, liquid or gas, in marine waters, resulting
release into the marine environment, as
international

from their systematic and/or
intentional
permitted in accordance with other Community legislation and/or
conventions.

Nutrient and organic
matter enrichment

— Inputs of fertilisers and other nitrogen — and phosphorus-rich substances (e.g. from
including agriculture, aquaculture, atmospheric deposition),

point and diffuse sources,

— inputs of organic matter (e.g. sewers, mariculture, riverine inputs).

Biological disturbance

— Introduction of microbial pathogens,
— introduction of non-indigenous species and translocations,
— selective extraction of species, including incidental non-target catches (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 24)

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

States within a marine region or subregion.

(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
subregion.

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

(5) Specification of the resources needed for the achievement of targets.

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

(7) 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
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.

the environmental objectives laid down in Article 1,

(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 subregion concerned with a view to achieving the environmental objectives laid down in Article 1.

(12) When the set of targets and indicators has been assembled, they should be examined together relative to the
environmental objectives 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 V

Monitoring programmes

(referred to in Articles 11(1) and 24)

(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 metho-
dological standards to be defined pursuant to Article 9(3).

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

targets provided for in Article 10.

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

Article 13.

(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 subregions in accordance with Article 4.

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

subregions.

(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 subregion concerned.

(11) Need to include, as part of the initial assessment provided for in Article 8, 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, 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), using, as appropriate, the indicators established and their limit or target
reference points.

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ANNEX VI

Programmes of measures

(referred to in Articles 13(1) and 24)

(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) Measures to improve the traceability, where feasible, of marine pollution.

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

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

(7) Mitigation and remediation tools: management tools which guide human activities to restore damaged components of

marine ecosystems.

(8) Communication, stakeholder involvement and raising public awareness.