REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Contribution of the Marine Strategy Framework Directive (2008/56/EC) to the implementation of existing obligations, commitments and initiatives of the Member States or the EU at EU or international level in the sphere of environmental protection in marine waters
Date: 2012-11-16
Institutions: European Commission
Subjects: international convention, marine ecosystem, marine environment, marine pollution, water protection

EUROPEAN 
COMMISSION 

Brussels, 16.11.2012  
COM(2012) 662 final 

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

Contribution of the Marine Strategy Framework Directive (2008/56/EC) to the 
implementation of existing obligations, commitments and initiatives of the Member 
States or the EU at EU or international level in the sphere of environmental protection 
in marine waters 

EN 

   EN 

 
 
 
 
  
 
REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

Contribution of the Marine Strategy Framework Directive (2008/56/EC) to the 
implementation of existing obligations, commitments and initiatives of the Member 
States or the EU at EU or international level in the sphere of environmental protection 
in marine waters 

1. 

INTRODUCTION  

The  Marine  Strategy  Framework  Directive  (hereafter  referred  to  as  Marine  Directive  or 
MSFD)1 aims to achieve Good Environmental Status of the EU's marine waters by 2020 and 
to protect the resource base upon which marine-related economic and social activities depend. 
Environmental status will be assessed on the basis of 11 qualitative descriptors2, considering 
environmental  state,  pressures  and  impacts  on  marine  ecosystems,  and  good  status  is  to  be 
achieved  via  the  development  and  implementation  of  a  strategy  for  marine  waters  in  each 
Member  State,  addressing  all  impacts  and  pressures  affecting  the  marine  environment. 
Increased cooperation across borders within marine regions and subregions is also at the heart 
of the Marine Directive. 

This  report  aims  to  meet  the  requirements  of  Article  20  (2)  of  the  MSFD:  to  assess  the 
Directive's  contribution  to  the  implementation  of  existing  obligations,  commitments  and 
initiatives of the Member States or the EU in the sphere of environmental protection in marine 
waters.  While  recognising  some  constitute  obligations  originating  from  international 
agreements,  these  various  strands  will  be  addressed  under  the  term  'commitments'  for  the 
purpose of this report. 

The  Marine  Directive  translates  a  very  large  number  of  international  and  EU  commitments 
related to environmental protection in the marine environment to the legal order of the Union. 
It  also  plays  an  important  role  in  enhancing  the  coherence  of  the  action  of  the  EU  and  its 
Member States under international agreements. 

The  full  breadth  of  these  commitments  has  been  analysed  in  depth  in  the  "Study  on  the 
contribution  of 
international 
obligations"3.  This  report  focuses  on  highlighting  the  MSFD  contribution  to  essential 
principles established at international level, to some key international commitments, including 
Regional Sea Conventions and to major EU policies. 

the  Marine  Strategy  Framework  Directive 

to  existing 

1 

2 

3 

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) OJ L 164, 25.6.2008. 
The 11 descriptors are 1. Biodiversity is maintained; 2. Non-indigenous species do not adversely alter 
the ecosystem; 3. Populations of commercial fish species are healthy; 4. Elements of food webs ensure 
long-term  abundance  and  reproduction;  5.  Eutrophication  is  minimised;  6.  Sea  floor  integrity  ensures 
the  functioning  of  the  ecosystem;  7.  Permanent  alteration  of  hydrographical  conditions  does  not 
adversely affect the ecosystem; 8. Concentrations of contaminants have no effects; 9. Contaminants in 
seafood  are  within  safe  levels;  10.  Marine  litter  does  not  cause  harm;  11.  Introduction  of  energy 
(including underwater noise) does not adversely affect the ecosystem. 
http://ec.europa.eu/environment/marine/ 

EN 

2 

   EN 

 
                                                 
2. 

GENERAL PRINCIPLES OF ENVIRONMENT AND MARINE POLICY  

Some  general  environment  principles  agreed  at  the  international  level,  such  as  those  of  the 
Rio Declaration4 are reflected, whenever relevant, in the MSFD. These are reaffirmed in the 
Rio+20 outcome document "The Future we want"5. 

2.1. 

The  ecosystem-based  approach  is  at  the  heart  of  the  Marine  Strategy 
Framework Directive  

The ecosystem-based approach to the management of the marine environment is an essential 
feature of the MSFD. There is no single internationally agreed definition of the approach, but 
its  overall  aim  is  to  ensure  that  the  collective  pressures  of  human  activities  do  not  exceed 
levels that compromise the capacity of ecosystems to respond.  

Decisions taken  by the Conference of Parties to the UN Convention on Biodiversity  (CBD) 
(COP  Decisions  V/6  and  VII/5),  and  the  Johannesburg  Plan  of  Implementation  (JPoI)  for 
instance,  include  explicit  requirements,  reaffirmed  at  the  Rio+20  conference,  to  adopt  or 
follow  an  ecosystem-based  approach  to  the  management  of  human  activities  affecting  the 
marine environment. 

The  Marine  Directive  not  only  explicitly  refers  to  the  ecosystem-based  approach  to 
management  of  the  marine  environment  as  a  guiding  principle  (recitals  8  and  44),  but  also 
requires its application in marine strategies (Articles 1 and 3). Thus, by virtue of the MSFD, 
the ecosystem-based approach becomes a legally-binding principle for the management of the 
marine environment. 

2.2. 

Integration of environmental concerns into other policies, and integrated cross-
sectoral management of marine waters 

The  need  to  integrate  objectives  of  environmental  protection  into  socio-economic  activities 
and other policies is often stressed in international instruments, together with the necessity to 
manage  the  marine  environment  and  coastal  areas  in  an  integrated  manner.  These 
requirements are in particular included in the Agenda 216 commitments, in CBD Decisions, 
and  confirmed  in  the  Rio+20  outcome  document.  It  is  a  fundamental  principle  of  the  EU 
environmental policy stressed in the TFEU7. The MSFD explicitly makes this approach one of 
its objectives (Article 1(4)). 

Specific tools for integrated cross-sectoral management of marine waters have been advanced 
at  the  international  level.  The  Integrated  Coastal  Zone  Management  (ICZM)  approach  has 
been  developed  as  a  management  tool  for  coastal  areas.  The  requirement  to  adopt  and 
implement  ICZM  is  explicitly  included  in  Agenda  21,  and  in  the  Protocol  on  ICZM  of  the 
Barcelona  Convention.  The  Marine  Spatial  Planning 
is  another 
complementary  tool  for  addressing  competing  uses  at  sea  whilst  ensuring  protection  of  the 
environment, which has been developed and promoted at the international level more recently 

(MSP)  process 

4 

5 
6 

7 

The Rio Declaration on Environment and Development, from the 1992 United Nations Conference on 
Environment  and  Development  (UNCED),  proclaimed  27  fundamental  principles  intended  to  guide 
future  decisions  and  policies  considering 
implications  of  socio-economic 
development. 
A/CONF.216/L.1. 
Agenda 21 is a non-binding blueprint and global action plan for sustainable development, agreed at the 
1992 UNCED http://www.un.org/esa/dsd/agenda21/. 
Article 11 of the Treaty on the Functioning of the European Union (TFEU). 

the  environmental 

EN 

3 

   EN 

 
                                                 
(included in COP Decision X/29 of the CBD) and is being developed in the context of the EU 
Integrated Maritime Policy (IMP).  

By  considering  overall  cumulative  impacts,  rather  than  regulating  specific  uses  in  isolation, 
the  Marine  Directive  contributes  to  the  implementation  of  an  integrated  management  of  the 
marine  waters.  The  Directive  requires  Member  State  to  include  spatial  and  temporal 
distribution  controls  measures  in  their  programmes  of  measures  (Annex  VI),  such  as  ICZM 
and MSP. 

2.3. 

The  precautionary  principle  and  the  polluter  pays  principle  in  the  marine 
environment 

The precautionary principle and the polluter pays principle are two fundamental principles of 
environmental protection policy and both have a basis in the TFEU8. Both are included in a 
number of international instruments dealing with environment issues and are also referred to 
specifically  in  relation  to  protection  of  the  marine  environment  since  Agenda  21  (chap. 
17.22), and the CBD (COP Decisions IV/5 and VIII/24).  

In line with these provisions, both principles are included in the Marine Directive, as guiding 
principles for its implementation, in recitals 27 and 44. In particular they are a basis for the 
programmes  of  measures  Member  States  must  develop  to  ensure  their  marine  waters  reach 
Good Environmental Status.  

2.4. 

Knowledge-based  adaptive  management  and  public 
participation  

information  and 

The  need  for  knowledge-based  adaptive  management  is  also  a  key  principle  addressed  in 
many  international  obligations9.  With  regard  to  the  protection  of  the  marine  environment, 
where there are still many uncertainties, this need is of particular importance.  

By  requiring  an  initial  assessment  (Article  8)  and  monitoring  programmes  (Article  11),  the 
MSFD contributes to the global review of the state of the marine environment. Furthermore, 
the  Directive  ensures  that  the  knowledge  base  thus  established  informs  subsequent 
management  measures  by  requiring  that  the  environmental  targets  (Article  10)  and  the 
programmes  of  measures  (Article  13)  are  based  on  the  initial  assessment.  This  leads  to  the 
concept  of  adaptive  management,  explicit  in  the  MSFD  (Article  3  (5)),  which  requires 
updating marine strategies in a six-year cycle.  

This  approach  is  fully  coherent  with  the  commitment  to  develop  a  UN  Regular  Process  for 
global reporting and assessment of the state of the marine environment, which supports such 
knowledge-based adaptive management. 

Access to information, public consultation and education are also general principles promoted 
at  the  international  level  in  environmental  commitments.  The  Aarhus  Convention10,  in 
particular,  is  a  specific  international  agreement  making  this  Rio  principle  operational.  The 
Marine  Directive  includes  specific  and  explicit  requirements  (Article  19  and  Annex  VI  (8)) 
contributing to the implementation of these commitments. 

8 
9 

10 

Article 191 TFEU. 
Agenda 21, the CBD, the UN Regular Process promote adaptive management, and most Regional Sea 
Conventions have reflected this approach in their instruments. 
Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in 
Environmental Matters, of the United Nations Economic Commission for Europe, adopted in 1998. 

EN 

4 

   EN 

 
                                                 
3. 

MAJOR 
AGREEMENTS  

INTERNATIONAL  TREATIES  AND  MULTILATERAL  ENVIRONMENTAL 

Beyond these general environment principles, the Marine Directive makes a large number of 
more  specific  commitments  drawn  from  Multilateral  Environmental  Agreements  and  other 
international agreements part of the EU's legal order for marine waters. 

3.1. 

UNCLOS and IMO 

The United Nations Convention on the Law of the Sea (UNCLOS) sets out the responsibilities 
and rights of nations with regard to seas and oceans and includes a number of obligations in 
relation  to  the  protection  and  preservation  of  the  marine  environment.  These  cover,  for 
instance, provisions on monitoring and assessment of the state of the marine environment, the 
prevention  of  pollution  at  sea  and  requirements  for  global  and  regional  cooperation.  The 
Marine  Directive  recognizes  and  takes  full  account  of  obligations  under  UNCLOS11.  In 
addition, within its geographical scope, the Directive translates the UNCLOS requirement for 
States to observe and measure the risks or effects of pollution of the marine environment12. It 
also implements various other obligations requiring States to take measures to prevent, reduce 
and control pollution of the marine environment from land-based sources, to prevent pollution 
at sea of the seabed and the subsoil and to prevent the introduction of non-indigenous species. 
The  MSFD  also  translates  UNCLOS  provisions  as  regards  sustainable  fisheries  and 
aquaculture,  innovation  and  investment  in  research.  Last  but  not  least,  it  facilitates  the 
obligation of States under UNCLOS to cooperate to protect the marine environment, through 
its emphasis on regional cooperation13. 

Some UNCLOS provisions, notably those on limiting pollution at source and on developing 
environmental impact assessments are also addressed by legislation outside the MSFD, such 
as the IPPC directive14 and the EIA/SEA directives15. 

Much the same can be said of IMO rules, such as those under MARPOL16 as modified by its 
1987  protocol,  or  the  OPRC  Convention  and  its  OPRC-HNS  protocol17,  but  also  of  the 
agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful 
substances (though outside IMO)18. There, a number of EU laws complementary to the MSFD 
contribute  practical  solutions  and  mechanisms  to  address  the  MSFD  aims  such  as  the 
Directive  on  Port  State  control19,  on  waste  reception  facilities  in  EU  ports20  or  the  Council 
Decision establishing a Community Civil Protection Mechanism21. 

11 
12 
13 
14 
15 
16 
17 

18 

19 
20 

21 

See MSFD recital 17. 
See MSFD Article 11 and Annex V. 
See MSFD article 6. 
Integrated Pollution Prevention and Control Directive 2008/1/EC, OJ L 24, 29.1.2008, p. 8–29 
Directives 2011/92/EU and 2001/42/EC. 
The International Convention for the Prevention of Pollution from Ships (MARPOL). 
The  International  Convention  on  Oil  Pollution  Preparedness,  Response  and  Co-operation  and  the 
Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious 
Substances. 
Agreement  for  cooperation  in  dealing  with  pollution  of  the  North  Sea  by  oil  and  other  harmful 
substances. 
Directive 2009/16/EC, OJ L 131, 28.5.2009, p. 57–100. 
Directive  2000/59/EC,  OJ  L  332,  28.12.2000,  p.  81–90,  as  last  amended  by  Regulation  (EC)  No 
1137/2008. 
Council Decision 2007/779/EC, Euratom (recast). 

EN 

5 

   EN 

 
                                                 
3.2. 

The  MSFD,  a  key  contribution  to  the  implementation  of  international 
commitments on marine biodiversity 

The Marine Directive is the first EU legislative instrument explicitly related to the protection 
of  marine  biodiversity  in  its  entirety.  It  contains  the  specific  regulatory  objective  that 
"biodiversity  is  maintained  by  2020",  as  the cornerstone  for  achieving  Good  Environmental 
Status  of  oceans  and  seas.  It  therefore  provides,  together  with  the  Habitats  and  Bird 
Directives22, a strong policy and legal framework to comply with international commitments 
related to the protection of marine biodiversity, such as those under the CBD (mentioned in 
recital 18 of the MSFD), or the Convention on Trade in Endangered Species. 

In  addition  to  implementing  the  CBD's  ecosystem  approach  and  principle  of  adaptive 
management, the MSFD also addresses some of more specific requirements of the CBD, such 
as for example the establishment of Marine Protected Areas (MPAs), which Member States 
must include in their marine strategies, as part of an overall approach to protecting the marine 
environment. In addition, the Directive will bring together these MPAs set up under various 
other  EU  or  international  obligations  into  one  framework:  a  coherent  and  representative 
network of MPAs (see below 5). 

3.3. 

The link to international climate change commitments 

The  Marine  Directive  concerns  itself  with  the  impacts  of  climate  change  on  oceans  and,  as 
such, contributes indirectly to the UN Framework Convention on Climate Change (UNFCC) 
and other instruments dealing with this issue.  

The  MSFD  improves  knowledge  of  climate  impacts  on  the  marine  environment.  It  requires 
Member States to consider, in their initial assessments, various climate-related factors such as 
changes in sea temperature and ice cover and ocean acidification. 

Member  States'  marine  strategies  under  the  MSFD  can  also  address  adaptation  to  climate 
change. Given that pressures and impacts may vary according to different patterns of human 
activity  and  the  impact  of  climate  change,  the  determination  of  Good  Environmental  Status 
may have to be adapted over time23. 

Finally,  healthy  oceans  play  an  important  mitigation  role,  as  carbon  sinks.  The  marine  area 
can be used for the purpose of renewable energy generation, and carbon capture and storage 
(CCS).  These  are  human  activities  whose  pressures  and  impacts  need  to  be  managed  in  the 
context of the Directive. 

4. 

THE KEY ROLE OF REGIONAL SEA CONVENTIONS 

Four  Regional  Sea  Conventions  (RSCs)  cover  the  marine  waters  of  MSFD:  the  Convention 
for  the  Protection  of  Marine  Environment  of  the  North  East  Atlantic  (OSPAR),  the 
Convention for the Protection of the Marine Environment of the Baltic Sea (HELCOM), the 
Convention  for  the  Protection  of  the  Marine  Environment  and  the  Coastal  Region  of  the 
Mediterranean  (Barcelona  Convention)  and  the  Convention  for  the  Protection  of  the  Black 
Sea  against  Pollution  (Bucharest  Convention)24.  Some  significant  differences  exist  between 

22 

23 
24 

Directive  92/43/EEC  on  the  conservation  of  natural  habitats  and  of  wild  fauna  and  flora  and  Birds 
Directive codified 2009/147/EC, OJ L 20, 26.1.2010, p. 7–25. 
Recital 34. 
See MSFD recital 19. 

EN 

6 

   EN 

 
                                                 
them, especially as far as the role of non-EU countries is concerned (e.g. 9 out of 10 parties 
are EU Member States in the Baltic, 7 out of 22 in the Mediterranean).  

The  RSCs  aim  to  improve  regional  governance  of  the  marine  regions  and  to  reinforce  the 
protection  of  the  marine  environment.  The  Marine  Directive  includes  numerous  provisions 
which aim at ensuring that its implementation not only contributes, but also builds upon the 
activities of the conventions, which cover EU marine regions or sub-regions.  

Article 6(1) clearly requires Member States to use existing regional institutional cooperation 
structures, including those under RSCs, to achieve coordination. Several of these Conventions 
have expressly agreed to take up the function to facilitate the regional implementation of the 
MSFD. Article 6(2) requires Member States to make every effort, using relevant international 
forums,  including  mechanisms  of  the  RSCs,  to  coordinate  their  actions  with  third  countries 
for  the  purpose  of  establishing  and  implementing  marine  strategies,  and  to  extend,  where 
appropriate,  coordination  and  co-operation  to  all  Member  States  including  land-locked 
countries. 

The MSFD ensures that RSCs and other international agreements are taken into account at all 
stages of the development of marine strategies, making sure that the methodologies used are 
consistent across the marine regions or sub-regions and that transboundary impacts are taken 
into account.  

On the other hand, the Marine Directive contributes to  the fulfilment of the obligations and 
important commitments of the EU and the Member States under these RSCs. 

the  maritime  environment.  The  RSCs  have  also 

This  includes,  for  example,  obligations  to  take  all  possible  steps  to  prevent  and  eliminate 
pollution  from  sea-based  and  land-based  sources,  including  the  impact  of  point  source 
integrated  explicit 
discharges  on 
commitments to adopt or follow an ecosystem-based approach to the management of marine 
waters  and  to  conserve  marine  resources,  including  obligations  to  take  measures  to  protect 
and  conserve  ecosystems  and  the  biological  diversity  such  as  requirements  to  regulate  the 
introduction of invasive species. The Marine Directive takes up all these elements, as essential 
characteristics for achieving Good Environmental Status. 

The  RSCs  also  contain  provisions  on  access  to  information  on  the  state  of  the  marine 
environment,  on  the  obligation  of  States  to  undertake  monitoring  and  research  programmes 
and  subsequent  reporting  obligations,  which  are  integrated  in  the  Marine  Directive  (see 
section 2.4). 

5. 

MSFD AND OTHER RELEVANT EU POLICIES  

Many  EU  policies  affect  the  marine  environment,  in  particular  those  dealing  with  fisheries, 
transport, industry, agriculture, regional development, research, energy, external relations, as 
well  as  important  elements  of  environment  policy  such  as  water.  But  these  policies  are  not 
specifically  designed  to  protect  the  marine  environment  in  a  coordinated  manner. 
Accordingly,  human  activities  impacting  the  marine  environment  are  addressed  in  a  sector-
by-sector manner.  

The  MSFD  aims  at  ensuring  the  coherence,  consistency  and  integration  of  measures  taken 
pursuant to various other EU legal instruments in order to meet its key objective. Therefore, 
as stipulated by Article 20, when considering the contribution of the MSFD to international 

EN 

7 

   EN 

 
obligations and commitments, it is necessary to take into account obligations set and measures 
provided by other EU legislation at community level.  

The Water Framework Directive25 (WFD) is closely linked to the Marine Directive. It sets the 
goal of achieving Good Status for all EU ground and surface waters, including coastal waters, 
by 2015, complementing the goal of achieving Good Environmental Status under the Marine 
Directive. Actions taken under the WFD will reduce marine pollution and nutrient input from 
land-based sources and will protect ecosystems in coastal and transitional waters, which are 
vital spawning grounds for many marine fish species. 

The  requirement  to  carry  out  an  Environmental  Impact  Assessment  (EIA)  for  projects  and 
activities  in  the  EU,  on  land  and  at  sea  is  set  out  in  the  Directive  2011/92/EU;  similar 
obligations  exist  for  the  preparation  of  plans  and  programmes  under  Directive  2001/42/EC, 
known  as  the  Strategic  Environmental  Assessment  (SEA)  Directive.  MSFD  does  not 
expressly contain the requirement to carry out an SEA for plans and programmes affecting the 
marine environment. However, the SEA applies on its own merits, as confirmed by the Court 
of Justice26, provided that its conditions are met, in particular that the plan in question sets the 
framework for future development of projects. Depending on their content, marine strategies 
may  have  to  be  made  subject  to  an  SEA.  Programmes  of  measures  are  likely  to  have  to 
undergo  an  SEA,  as  Annex  VI  of  the  MSFD  foresees  that  they  may  set  the  framework  for 
future projects and activities. 

In addition the Habitats Directive27(Article 6) requires an appropriate assessment to be carried 
out  for  any  plans  or  projects  likely  to  have  significant  effects  on  the  special  areas  of 
conservation  (SAC)  established  under  the  Directive  and  special  protection  areas  (SPA) 
established under the Birds Directive. As these special areas of conservation contribute to the 
Marine  Protected  Areas  established  under  the  MSFD,  an  assessment  under  Article  6  of  the 
Habitats  Directive  is  normally  required  for  marine  strategies  and  programmes  of  measures 
such activities. These assessments can be integrated into SEA procedures.  

A  number  of  high-level  political  commitments  on  the  protection  of  biodiversity  have  been 
made by the EU. The headline target is to halt the loss of biodiversity and the degradation of 
ecosystem services in the EU by 2020, and restoring them in so far as feasible. These political 
objectives have been enshrined in the EU2020 Biodiversity Strategy28 and are spelled out in 
specific targets and actions linked to the achievement of the objective of the Marine Directive 
and other pieces of EU legislation dealing with the protection of endangered species and the 
sustainable exploitation of fish stocks. 

Under  the  Habitats  and  Birds  Directives,  Member  States  are  to  ensure  a  favourable 
conservation status of a series of marine habitats and species and a positive population status 
of all naturally occurring marine species including migratory bird species. A large area of the 
EU's  coastal  and  marine  areas  has  already  or  will  be  designated  as  Natura  2000  sites  under 
these  Directives.  The  MSFD  recognises  that  the  establishment  of  MPAs,  including  Natura 
2000  sites  designated  or  to  be  designated  under  the  Habitats  and  Birds  Directives,  are  an 
important  contribution  to  the  achievement  of  Good  Environmental  Status  and  requires 

25 

26 
27 

28 

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. OJ L 327 on 22.12.2000.  
See cases C-105/09 and C-295/10. 
COUNCIL DIRECTIVE 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild 
fauna and flora (OJ L 206, 22.7.1992, p. 7). 
COM (2011) 244 final. Our life insurance, our natural capital: an EU biodiversity strategy to 2020. 

EN 

8 

   EN 

 
                                                 
networks of MPAs to be included in programmes of measures of the marine strategies (Article 
13(4)).  In  addition,  Article  13(4)  of  the  MSFD  requires  that  the  networks  of  MPAs  are 
coherent and representative, adequately covering the diversity of the constituent ecosystems, 
and  expressly  goes  beyond  Natura  2000  by  extending  such  networks  to  those  MPAs 
established under the RSCs. Furthermore, Article 13(5) ensures that an explicit link is made 
between  the  establishment  of  MPAs  and  possible  measures  under  the  Common  Fisheries 
Policy  (CFP).  The  MSFD  thus  acts  in  this  case  specifically  as  a  framework  within  which 
existing measures can be integrated and complemented with new initiatives.  

For  the  regulation  of  fishery  and  aquaculture  activities,  the  CFP  sets  out  a  collaborative 
approach to managing the EU’s shared fisheries. The proposed reform of the CFP in 201129 
requires all stock to be above levels capable of producing maximum sustainable yield and to 
take  into  account  the  environmental  impacts  of  fishing.  It  requires  expressly  integrating  the 
objectives of the MSFD. Thus the Marine Directive complements the CFP, providing the link 
between  fishery  policies  and  other  essential  aspects  of  environmental  protection  (such  as 
biodiversity conservation, protection of habitats and associated species). 

Various EU legislative instruments have an impact on the degree of pollution of the marine 
environment  down  the  line,  such  as  the  Nitrates  Directive30,  the  Priority  Substances 
Directive31, and the Waste Framework Directive32. The MSFD complements these particular 
pieces of EU legislation.  

There are also close linkages between the Marine Directive and the EU civil protection policy 
which establishes a framework for cooperation at EU level for managing all types of disasters 
in all phases of the disaster management cycle, including prevention, preparedness, response 
and recovery33. 

The  Marine  Directive  is  also  the  environmental  pillar  of  the  Integrated  Maritime  Policy 
(IMP). Its function is highlighted in a range of developments under the IMP, including marine 
spatial planning, marine knowledge and regional strategies.  

As such, the Marine Directive gives direction and contributes to the implementation of several 
obligations,  commitments  and  initiatives  at  EU  level,  ensuring  their  sustainability  and 
contributing to the objective of wider coherence set out in its Article 1(4). 

6. 

LOOKING AT THE FUTURE: THE MSFD AND THE IMPLEMENTATION OF THE RIO+20 
OUTCOME 

The  Rio+20  outcome  document,  "The  Future  We  Want",  reflects  a  number  of  concepts 
contained  in  the  Marine  Directive.  It  comprises  the  commitment  to  protect,  and  restore,  the 
health,  productivity  and  resilience  of  oceans  and  marine  ecosystems,  and  to  maintain  their 
biodiversity,  enabling  their  conservation  and  sustainable  use  for  present  and  future 
generations.  It  stresses  the  need  to  effectively  apply  an  ecosystem  approach  and  the 

29 

30 

31 
32 
33 

COM(2011)  425  final.  Proposal  for  a  Regulation  of  the  European  Parliament  and  the  Council  on  the 
Common Fisheries Policy. 
Directive  91/676/EEC,  OJ  L  375,  31.12.1991,  p.  1–8,  as  last  amended  by  Regulation  (EC)  No 
1137/2008 (OJ L 311, 21.11.2008, p. 1–54 ). 
Directive 2008/105/EC, OJ L 348, 24.12.2008, p. 84–97. 
Directive 2008/98/EC, OJ L 312, 22.11.2008, p.3-30. 
Council  Decision  2007/779/EC,  Euratom  (recast)  establishing  a  Community  Civil  Protection 
Mechanism. 

EN 

9 

   EN 

 
                                                 
precautionary  approach  in  the  management  of  activities  having  an  impact  on  the  marine 
environment.  The  document  also  contains  specific  commitments,  including  the  need  for 
coordinated strategies to combat pollution, to take action to significantly reduce marine debris 
by 2025, or to take action on invasive species. The MSFD will be one of the main EU policies 
to implement Rio+20 marine commitments in the EU. 

A major decision at Rio was also to address, on an urgent basis, the issue of the conservation 
and  sustainable  use  of  marine  biological  diversity  of  areas  beyond  national  jurisdiction, 
including  by  taking  a  decision  on  the  development  of  an  international  instrument  under 
UNCLOS.  In  pursuing  this  objective,  the  need  to  maintain  marine  biodiversity  as  agreed  at 
Rio and stipulated by the MSFD, should be taken into consideration, together with sectorial 
actions agreed at Rio, particularly on fisheries. These include the need to intensify our efforts 
to  meet  the  2015  target  to  maintain  or  restore  stocks  to  levels  that  can  produce  maximum 
sustainable yield34 on an urgent basis and to enhance action to manage by catch, discards and 
other  adverse  impacts  on  ecosystems  from  fisheries,  including  by  eliminating  destructive 
fishing practices. 

In  addition,  the  MSFD,  like  the  CBD,  combines  protection  and  sustainable  use  and  is 
indispensable to the pursuit of a green economy. On the basis of the Rio+20 outcome, the EU 
will continue to support a "blue economy", which extends the principles of the green economy 
inter alia to the conservation and sustainable use of marine resources. 

7. 

CONCLUSION 

The  MSFD  is  a  framework  directive  that  promotes  an  integrated  and  adaptive  management 
approach  to  human  activities  affecting  the  marine  environment.  By  its  very  nature,  it  is  a 
flexible  policy  instrument  to  translate  international  commitments  into  EU  policies  for  EU 
waters.  In  the  future,  this  flexibility,  including  its  regular  6  year  cycle  for  updating  marine 
strategies,  will  allow  it  to  adapt  to  new  commitments,  such  as  for  instance,  those  stemming 
from Rio+20 and its follow-up. 

Given the Marine Directive's geographical scope, which does not extend to the high seas, not 
all international commitments on the marine environment are within its remit. In a number of 
other cases different EU legislative instruments are better adapted to implement international 
commitments  in  specific  sectors.  One  positive  finding  is  that  they  increasingly  work  in 
synergy with the mechanisms of the MSFD and contribute to its objectives.  

The  Marine  Directive  is  now  entering  a  crucial  phase  in  its  implementation  through  the 
preparation  of  initial  assessments,  the  determination  of  Good  Environmental  Status  and  the 
establishment  of  environmental  targets  by  the  Member  States  which  will  be  analysed  for 
adequacy and coherence by the European Commission. The level of ambition with which the 
many  international  commitments  addressed  by  the  MSFD  will  be  implemented  in  Member 
States is therefore strongly linked to the way in which Good Environmental Status is defined 
and to the subsequent full implementation at national level of the Directive's provisions. 

In this context, the Regional Sea Conventions will continue to play a very important role, and 
they  will  be  closely  involved  in  the  follow-up  to  the  first  implementation  milestones  of  the 
Marine Directive, ensuring better coherence of national approaches within their region. 

34 

A target first agreed at the Johannesburg World Summit on Sustainable Development in 2002. 

EN 

10 

   EN