CELEX: 52005PC0505
Language: en
Date: 2005-10-24
Title: Proposal for a Directive of the European Parliament and of the Council establishing a Framework for Community Action in the field of Marine Environmental Policy (Marine Strategy Directive) [SEC(2005) 1290]

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    Brussels, 24.10.2005
                                                    COM(2005) 505 final
                                                    2005/0211 (COD)
                                       Proposal for a
       DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   establishing a Framework for Community Action in the field of Marine Environmental
                                          Policy
                               (Marine Strategy Directive)
                                    [SEC(2005) 1290]
                              (presented by the Commission)
EN                                                                                    EN
 ---pagebreak---                             EXPLANATORY MEMORANDUM
   1) CONTEXT OF THE PROPOSAL
      •   Grounds for and objectives of the proposal
      The marine environment is faced with a number of threats including loss or
      degradation of biodiversity and changes in its structure, loss of habitats, contamination
      by dangerous substances and nutrients and impacts of climate change.
      The EU's 6th Environment Action Programme (6th EAP) requests the development of
      a Thematic Strategy for the protection and conservation of the European marine
      environment (hereinafter the Strategy) with the overall aim to "promote sustainable use
      of the seas and conserve marine ecosystems".
      As a first step in the development of the Strategy, the Commission in 2002 produced
      the Communication entitled "Towards a strategy to protect and conserve the marine
      environment". The Environment Council Conclusions of 4 March 2003 welcomed the
      Commission Communication, endorsed the approach and the outline of its objectives
      and requested an ambitious Strategy by 2005. The Commission Legislative Work
      Programme 2005 commits to the adoption of the Strategy by 2005.
      •   General context
      While measures to control and reduce pressures and impacts on the marine
      environment do exist, they have been developed in a sector by sector approach
      resulting in a patchwork of policies, legislation, programmes and actions plans at
      national, regional, EU and international level, which contribute to the protection of the
      marine environment. At the EU level, while there are a number of policies affecting the
      marine environment, and while a reflection has begun on a future all-encompassing
      Maritime Policy for the Union, there is no overall, integrated policy for the protection
      of the marine environment.
      The general picture that emerges from this policy framework is a mixed one. On the
      positive side, some progress has been made in certain areas, e.g. in reducing nutrient
      inputs or pollution from hazardous substances in particular heavy metals. However,
      overall, the state of the marine environment has been deteriorating significantly over
      recent decades. As a result, Europe's oceans and seas are under threat, in some cases to
      the extent that their structure and function is being jeopardised.
      The current policy framework is not delivering a high level of protection of the marine
      environment. A strong, integrated, EU policy on marine protection is therefore
      required.
      •   Existing provisions in the area of the proposal
      A wide variety of EU measures contribute to the protection of the marine environment.
      However, as the policy framework in place is sectoral and as its geographic scope
      varies, there is no integrated policy focused on the protection of the marine
EN                                              2                                               EN
 ---pagebreak---       environment.
      •    Consistency with other policies and objectives of the Union
      The high level of protection of the marine environment which the proposed Directive
      will provide is essential to realise the full economic and social potential of oceans and
      seas, thus making a strong contribution to the Lisbon agenda and to the EU Sustainable
      Development Strategy.
      The proposal will also make an important contribution to the work on a future EU
      Maritime Policy, announced in the Strategic Objectives of the Commission for 2005-
      2009, aimed at developing a thriving maritime economy and the full potential of sea-
      based activity in an environmentally sustainable manner.
      One of the central issues to be tackled within this policy will be the question of the
      overall governance framework through which the users and uses of oceans and seas can
      be regulated. This will be addressed in the Green Paper on Maritime Policy foreseen
      for 2006. The governance arrangements foreseen in the Marine Strategy constitute a
      first step. Options for further development of a broader governance framework to be
      elaborated under the Maritime Policy should also take account of the highly diverse
      legal and political specificities in each of the European regional seas, ranging from the
      Baltic Sea with seven EU Member States and the Russian Federation to the
      Mediterranean where Exclusive Economic Zones (EEZs) have not been declared and
      the EU has to work jointly with a number of third countries.
   2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
      •    Consultation of interested parties
      Consultation methods, main sectors targeted and general profile of respondents
      The Strategy has been prepared with the help of an extensive consultation process from
      2002 to 2004 including all EU Member States and candidate countries, key European
      third countries sharing ocean and seas with the Union, 16 international commissions
      and conventions, 21 key industry and civil society organisations as well as scientists
      and academics.
      The process was kicked off at a stakeholder conference held in Koge, Denmark, on 4-6
      December 2002. Further to the Koge conference four ad hoc working groups involving
      all key stakeholder constituencies were set up to deal with key aspects of the
      development of the Strategy.
      Summary of responses and how they have been taken into account
      All working groups delivered contributions to a closing stakeholder conference held in
      Rotterdam, Netherlands, on 11-12 November 2004, from which a wide consensus
      emerged on the approach proposed in the Strategy. The need for strong EU action was
      underscored by a large majority of stakeholders.
      The proposed Directive fully integrates the results of consultations held since 2002. In
      particular, the need for a dual EU/regional approach, the setting-up of Marine Regions
EN                                              3                                               EN
 ---pagebreak---    as management units for the implementation of the Strategy and the need for co-
   operation between Member States in devising Marine Strategies notably through the
   use of existing instruments deriving from international agreements, are at the centre of
   the proposed Directive.
   An open consultation was conducted over the internet from 14/03/2005 to 09/05/2005.
   The Commission received 133 response(s). The results are available on
   http://europa.eu.int/comm/environment/water/pdf/consultation_marine.pdf.
   •   Collection and use of expertise
   Scientific/expertise domains concerned
   The preparatory work focused notably on (a) the application of the ecosystem-based
   approach to management of human activities impacting the marine environment; (b)
   monitoring and assessment issues; and (c) the particular challenge of hazardous
   substances.
   In addition, the Commission has also paid very close attention over the past three years
   to reports, studies and policy statements from national and regional organisations,
   countries, research institutes and U.N. bodies in relation to the protection of the marine
   environment.
   Methodology used
   Substantive work on all aspects relevant to the development of an EU Marine Strategy
   was produced as part of the consultation process. Two important deliverables from this
   process include the production of (a) a guidance document on the application of the
   ecosystem-based approach to the marine environment; and of a (b) study on the
   identification of European Marine Regions on the basis of hydrological, oceanographic
   and bio-geographic features to guide implementation of the Strategy.
   Main organisations/experts consulted
   The International Council for the Exploration of the Seas (ICES) was a privileged
   partner in the consultation process which carried out the work on the two above-
   mentioned documents. A number of additional experts and scientific organisations
   were also involved in the preparatory process.
   Summary of advice received and used
   The existence of potentially serious risks with irreversible consequences has been
   mentioned. There is a broad consensus on the existence of such risks.
   Broad consensus was reached on the magnitude of threats facing the marine
   environment, generating potentially irreversible or nonlinear changes to marine
   ecosystems, with wide ranging economic and social consequences. The principal
   threats to the marine environment that were identified include effects of climate
   change; impacts of commercial fishing; oil spills and discharges; introduction of non-
EN                                         4                                                  EN
 ---pagebreak---       native species; eutrophication and the related growth of harmful algal blooms; litter
      pollution; contamination by dangerous substances and microbiological pollution;
      radionuclide discharges; and noise pollution.
      Climate Change and fisheries were highlighted as two of the most important pressures
      on the marine environment.
      In short, what emerges from this process is an unambiguous message that Europe's seas
      and oceans are at high risk and efforts to protect them need to be urgently set up to
      safeguard their long term productivity and thus marine-related economic and social
      activities.
      Means used to make the expert advice publicly available
      All relevant analysis carried out during the preparatory phase of the proposed Directive
      will be made available. The ICES guidance document on the application and
      implementation of the ecosystem-based approach has already been published by ICES
      and will be made available from the Commission's website. The ICES study on EU
      Marine Regions has been made available to all stakeholders through the CIRCA
      system.
      •   Impact assessment
      Two main options were considered. The first option consisted of a strictly voluntary
      approach based on a Commission Communication setting out non-binding
      recommendations as to how to effectively protect Europe's marine environment
      through developing Regional Marine Strategies at the level of Marine Regions to be
      defined at EU level.
      The second option examined was the combination of a flexible legal instrument and of
      a Communication. The legal instrument would take the form of a Marine Strategy
      Directive, ambitious in its scope but not overly prescriptive in its tools. No specific
      management measures would be set down at EU level as the Directive would have to
      be made operational and implemented at the regional level.
      In addition to these two options, a no-action scenario was considered as a reference
      scenario against which to appraise the costs anticipated from the measures proposed
      under the two options.
      The Commission carried out an impact assessment, which is accessible on the website
      of the Commission.
   3) LEGAL ELEMENTS OF THE PROPOSAL
      •   Summary of the proposed action
      The end objective of the proposed Directive is to achieve good environmental status of
      the marine environment by 2021. The proposed Directive will only define common
      objectives and principles at EU level. The proposed Directive will establish European
      Marine Regions as management units for implementation. For their marine waters
      within each Marine Region, Member States will be required to develop Marine
EN                                            5                                                EN
 ---pagebreak---    Strategies on the basis of the completion of a number of steps. In developing Marine
   Strategies, Member States will be invited to co-operate actively among themselves and
   also with relevant third countries. Finally, in order to take into account the particular
   contexts of certain Marine Regions, the Directive foresees special situations and areas
   where it would be impossible for a Member State to achieve the level of ambition of
   the environmental targets set in the framework of the Directive. .
   •   Legal basis
   Article 175(1) of the EC Treaty is the appropriate legal basis.
   •   Subsidiarity principle
   The subsidiarity principle applies insofar as the proposal does not fall under the
   exclusive competence of the Community.
   The objectives of the proposal cannot be sufficiently achieved by the Member States
   for the following reason(s).
   The marine environment does not accord with existing geo-political boundaries. It is by
   essence transboundary and therefore requires co-operation and common principles. In
   these conditions, applying a purely national approach to the marine environment is
   doomed to fail.
   Member States bordering marine regions may well come to different conclusions
   concerning the approaches, diagnoses and programmes of measures to be set in place,
   irrespective of the unity of marine ecosystems. Member States may well take different
   and even contradictory routes and different lengths of time to take appropriate action,
   resulting in ineffective protection of the marine environment.
   The result would be that the marine environment would not improve. The ocean's
   capacity to absorb new pressures on the marine environment such as climate change
   and increased maritime transport would thus be significantly reduced.
   Community action will better achieve the objectives of the proposal for the following
   reason(s).
   The proposal will establish a common EU framework to address shared challenges and
   will establish common principles and approaches to the protection of the marine
   environment across Europe.
   While several EU Member States have developed national measures to protect the
   marine environment and have been actively co-operating in relevant international
   agreements, progress has been hampered by the fact that national measures do not
   influence the activities of other countries bordering a given marine area; and
   international co-operation notably in the framework of regional marine conventions has
   produced mixed results due to the lack of enforcement and control of these
   organisations.
   The proposed legislative instrument is limited to what Member States cannot
   satisfactorily achieve - i.e. setting up an EU-wide framework through which Europe's
EN                                          6                                                EN
 ---pagebreak---    marine environment can be more effectively protected. Detailed objectives and
   management measures required to achieve good environmental status in each EU
   Marine Region will not be defined at EU level.
   The proposal therefore complies with the subsidiarity principle.
   •   Proportionality principle
   The proposal complies with the proportionality principle for the following reason(s).
   The proposed legislative instrument takes the form of a Marine Strategy Directive.
   Ample scope will be left for national decision and regional concertation. The
   establishment of environmental targets at regional level and the planning and execution
   of measures required to deliver these targets and thus good environmental status of the
   marine environment in the European waters under the sovereignty or jurisdiction of EU
   Member States within each Marine Region will lie with Member States.
   The administrative burden of the proposed Directive has been estimated at
   approximately €90 million per annum for the EU as a whole in the first two years, €70
   million after that. On the other hand, there will be significant efficiency gains in terms
   of avoiding duplication in monitoring and assessment.
   There will be implementation costs resulting from programmes of measures agreed at
   regional level. It is foreseen that detailed impact assessments of the programmes of
   measures to be developed by Member States will be carried out to ensure that
   environmental targets are achieved at a minimum cost.
   It appears from the Impact Assessment that while there may be important social and
   economic costs in the short-term, medium and long-term environment, social and
   economic benefits will outweigh these costs by a considerable amount.
   •   Choice of instruments
   Proposed instruments: Marine Strategy Directive.
   Other means would not be adequate for the following reason(s).
   Developing a prescriptive legislative instrument (in the form of a Regulation or a more
   stringent Directive) would have been an option. However, a Regulation or a more
   stringent Directive would have resulted in neglecting the diversity of conditions and
   needs in the EU's marine environment by not allowing Member States to make a
   number of policy choices for implementation at regional level. Therefore, such an
   approach was not retained.
   Another option would have been to adopt a Recommendation outlining the steps to be
   taken to implement the Marine Strategy at regional level. However, as
   Recommendations have no binding force, there would have been no guarantee that
   Member States would have committed themselves to rigorous implementation. This
   option was therefore rejected.
   A third option would have been to adopt a Decision, binding in its entirety upon the
EN                                         7                                                  EN
 ---pagebreak---       limited number of Member States to whom it is addressed. However, as 20 out of 25
      Member States are maritime countries and planned enlargements will increase this
      trend; and as effective protection of the marine environment also requires the
      involvement of land-locked countries in a regional sea's catchment area, targeting a
      limited number of specific addressees would not be appropriate. Finally, a Decision
      would not have provided any flexibility in terms of implementation as it is binding in
      its entirety.
   4) BUDGETARY IMPLICATION
      The proposal has no implication for the Community budget.
   5) ADDITIONAL INFORMATION
      •    Review/revision/sunset clause
      The proposal includes a review clause.
      •    European Economic Area
      The proposed act concerns an EEA matter and should therefore extend to the European
      Economic Area.
EN                                           8                                               EN
 ---pagebreak---                                                           2005/0211 (COD)
                                             Proposal for a
         DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
     establishing a Framework for Community Action in the field of Marine Environmental
                                                 Policy
                                     (Marine Strategy Directive)
                                      (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article
   175(1) thereof,
   Having regard to the proposal from the Commission1,
   Having regard to the opinion of the European Economic and Social Committee2,
   Having regard to the opinion of the Committee of the Regions3,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty4,
   Whereas:
   (1)     The marine environment is a precious heritage that must be protected, restored and
           treated as such with the ultimate aim of providing biologically diverse and dynamic
           oceans and seas that are safe, clean, healthy and productive.
   (2)     In line with Decision No 1600/2002/EC of the European Parliament and of the
           Council of 22 July 2002 laying down the Sixth Community Environment Action
           Programme, a thematic strategy for the protection and conservation of the marine
           environment should be developed, within three years of the adoption of that
           Programme, with the overall aims of promoting sustainable use of the seas and
           conserving marine ecosystems.
   (3)     In order to promote sustainable use of the seas and to conserve marine ecosystems,
           priority should be given to achieving good environmental status in the Community’s
           marine environment, to continuing the protection and preservation of that
           environment, and to ensuring that subsequent deterioration is prevented.
   1
            OJ C , , p. .
   2
            OJ C , , p. .
   3
            OJ C , , p. .
   4
            OJ C , , p. .
EN                                                  9                                          EN
 ---pagebreak---    (4)  In order to achieve those objectives, a transparent and coherent legislative framework
        is required, to provide an overall framework for action and to enable the action taken
        to be coordinated, and consistent, and properly integrated with action under other
        Community legislation as well as international agreements.
   (5)  The diverse conditions, problems and needs of the various Marine Regions making up
        the marine environment in the Community require different and specific solutions.
        That diversity should be taken into account in the preparation, planning and execution
        of measures to achieve good environmental status in the Community’s marine
        environment in the framework of Marine Regions and Sub-Regions.
   (6)  It is therefore appropriate that each Member State should develop a Marine Strategy
        for its European waters which, while being specific to its own waters, reflects the
        overall perspective of the Marine Region concerned. Marine Strategies should
        culminate in the execution of programmes of measures designed to achieve good
        environmental status.
   (7)  By reason of the transboundary nature of the marine environment, the development of
        Marine Strategies should be coordinated for each Marine Region. Since Marine
        Regions are shared both with other Member States and with third countries, Member
        States should endeavour to ensure the closest possible coordination with all the
        Member States and other countries concerned. Where practical and appropriate,
        existing institutional structures established in Marine Regions should be used to ensure
        such coordination.
   (8)  Since action at international level is indispensable for the attainment of those
        objectives, this Directive should enhance the effectiveness of the Community’s
        contribution under international agreements.
   (9)  The Community and Member States are a party to the United Nations Convention on
        the Law of the Seas (UNCLOS) approved by Council Decision 98/392/EC of 23
        March 1998 concerning the conclusion by the European Community of the UNCLOS
        and the Agreement of 28 July 1994 relating to the implementation of Part XI
        thereof(5). The obligations of the Community and Member States under those
        agreements should therefore be fully taken into account in this Directive.
   (10) This Directive should also support the strong position taken by the Community, in the
        context of the Convention on Biological Diversity6, on halting biodiversity loss,
        ensuring the conservational and sustainable use of marine biodiversity and on the
        creation of a global network of marine protected areas by 2012. Additionally, it should
        contribute to the achievement of the objectives of the Seventh Conference of the
        Parties to the Convention on Biological Diversity (CBD/COP7), which adopted an
        elaborate programme of work on marine and coastal biodiversity with a number of
        goals, targets and activities aimed at halting the loss of biological diversity nationally,
        regionally and globally and at securing the capacity of the marine ecosystem to
        support the provision of goods and services, and a programme of work on protected
        areas with the objective of establishing and maintaining ecologically representative
   5
        OJ L 179, 23.6.1998, p.1.
   6
        Council Decision 93/626/EC, JO L 309, 13.12.1993, p. 1-20
EN                                                 10                                               EN
 ---pagebreak---         national and regional systems of marine protected areas by 2012. The obligation for
        Member States to designate Natura 2000 sites under the Habitats Directive will make
        an important contribution to this process.
   (11) This Directive should contribute to the fulfilment of the obligations of the Community
        and the Member States under several other relevant international agreements under
        which they have entered into important commitments relating to the protection of the
        marine environment from pollution: the Convention on the Protection of the Marine
        Environment of the Baltic Sea Area, approved by Council Decision 94/157/EC (7),the
        Convention for the Protection of the Marine Environment of the North-East Atlantic,
        approved by Council Decision 98/249/EC (8), and its new Annex V on the Protection
        and Conservation of the Ecosystems and Biological Diversity of the Maritime Area
        and the related Appendix III, approved by Council Decision 2000/340/EC(9), and the
        Convention for the Protection of the Marine Environment and the Coastal Region of
        the Mediterranean, as amended in 1995 and approved by Council Decision
        77/585/EEC(10), and its Protocol for the Protection of the Mediterranean Sea Against
        Pollution from Land-Based Sources, approved by Council Decision 83/101/EEC (11).
   (12) Since the programmes of measures executed under Marine Strategies will be effective
        only if they are devised on the basis of a sound knowledge of the state of the marine
        environment in a particular area and tailored as closely as possible to the needs of the
        waters concerned in the case of each Member State and within the general perspective
        of the Marine Region concerned, it is necessary to provide for the preparation at
        national level of an appropriate framework for informed policy-making.
   (13) As a first step in that preparation, Member States across a Marine Region should
        undertake analyses of the characteristics of their marine waters, identifying the
        predominant pressures and impacts on those waters, their economic and social use and
        the cost of degradation of the marine environment.
   (14) On the basis of such analyses, Member States should then determine for the European
        waters a set of characteristics for good environmental status. For those purposes, it is
        appropriate to make provision for generic qualitative descriptors, detailed criteria and
        standards to be developed in the near future by the Commission with the involvement
        of all interested parties.
   (15) The next step towards achieving good environmental status should be the
        establishment of environmental targets and monitoring programmes for ongoing
        assessment, enabling the state of the waters concerned to be evaluated on a regular
        basis.
   (16) On the basis of those frameworks, Member States should establish and implement
        programmes of measures which are designed to achieve good environmental status in
        the waters concerned, while accommodating existing Community and international
        requirements and the needs of the Marine Region concerned.
   7
        OJ L 73, 16.3.1994, p.19.
   8
        OJ L 104, 3.4.1998, p.1.
   9
        OJ L 118, 8.5.2000, p.44.
   10
        OJ L 240, 19.9.1977, p.1. Decision as amended by Decision 99/802/EC (OJ L 322, 14.12.1999).
   11
        OJ L 67, 12.3.1983, p.1.
EN                                                  11                                              EN
 ---pagebreak---    (17) Although it is appropriate, given the precision of focus needed, that those steps be
        undertaken by the Member States, it is essential, in order to ensure the cohesion of
        action across the Community as a whole and in relation to commitments at global
        level, to make both the preparatory framework and the programmes of measures
        subject to the approval of the Commission.
   (18) For reasons of fairness and feasibility, it is appropriate to make provision for cases
        where it would be impossible for a Member State to achieve the level of ambition of
        the environmental targets set.
   (19) In that context, it is necessary to make provision for two types of special case. The
        first concerns a situation where it is impossible for the Member State to meet its
        environmental targets because of action or inaction on the part of another country,
        natural causes or force majeure, or because of actions which that Member State has
        itself taken for reasons of public interest which were held to outweigh the negative
        impact on the environment. It is appropriate to allow Member States to take ad hoc
        measures in such cases in lieu of measures integrated in its programme of measures.
        Ad hoc measures should be designed to prevent further deterioration in the status of
        the marine waters affected and to mitigate the adverse impact within the Marine
        Region concerned.
   (20) The second type of special case is that where a Member State identifies an issue which
        has an impact on the environmental status of its European marine waters, even perhaps
        of the entire Marine Region concerned, but cannot be tackled by measures taken at
        national level. In such cases, provision should be made for the Commission to be
        informed in the framework of submission of programmes of measures.
   (21) However, it is necessary that the flexibility introduced for special cases be subject to
        control at Community level. As regards the first type of case, it is therefore appropriate
        that, in the course of the assessment to be made by the Commission before approving
        the programme of measures, due consideration be given to the efficacy of any ad hoc
        measures taken. Moreover, in cases where the Member State refers to action taken for
        overriding reasons of public interest, the Commission should ensure that any
        modifications or alterations made to the marine environment as a consequence do not
        permanently exclude or compromise the achievement of good environmental status in
        the Marine Region concerned.
   (22) As regards the second type of special case, the Commission should, before approving
        the programme of measures, consider the validity of the view taken by the Member
        State concerned, that is to say, that measures taken at national level would not suffice,
        hence that action at Community level is necessary.
   (23) In view of the dynamic nature of marine ecosystems and of their natural variability,
        and of the fact that the pressures and impacts on them will vary with the evolvement of
        different patterns of human activity and the impact of climate change, it is essential to
        recognise that the definition of good environmental status is dynamic and flexible and
        must be adapted over time. Accordingly, it is appropriate that protection of marine
        environment be flexible and adaptive. It is necessary, therefore, to provide for the
        updating of Marine Strategies on a regular basis.
EN                                              12                                                 EN
 ---pagebreak---    (24) It is also necessary to provide for the publication of programmes of measures and
        updates thereof, and for interim reports to be presented to the Commission, describing
        progress in the implementation of the programme.
   (25) To ensure the active involvement of the general public in the establishment,
        implementation and updating of Marine Strategies, it is necessary to provide proper
        information on the different elements of Marine Strategies, or their related updates, as
        well as, upon request, relevant background documents and information used for the
        development of the Marine Strategies.
   (26) It is appropriate that the Commission should present a first evaluation report on the
        implementation of this Directive within two years of receiving all programmes of
        measures and, in any case, by 2021 at the latest. Subsequent Commission reports
        should be published every six years thereafter.
   (27) Provision should be made for the adoption of adaptations of standards for the
        assessment of the status of the marine environment, monitoring, environmental targets
        and of technical formats for the purposes of transmission and processing of data in
        order to be compatible with Directive 12.
   (28) Measures regulating fisheries management can only be taken in the context of the
        Common Fisheries Policy, as set out in Council Regulation (EC) No 2371/2002 of 20
        December 2002 on the conservation and sustainable exploitation of fisheries resources
        under the Common Fisheries Policy,13 based on scientific advice, and are therefore not
        addressed by this Directive. The control of discharges and emissions resulting from
        the use of radioactive material is regulated by Articles 30 and 31 of the EURATOM
        Treaty and is therefore not addressed by this Directive.
   (29) Since the objectives of the action to be taken cannot be sufficiently achieved by the
        Member States and can therefore, by reason of the scale and effects of the action, be
        better achieved at Community level, the Community may adopt measures, in
        accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In
        accordance with the principle of proportionality, as set out in that Article, this
        Directive does not go beyond what is necessary in order to achieve those objectives.
   (30) This Directive respects the fundamental rights and observes the principles recognised
        in particular by the Charter of Fundamental Rights of the European Union. In
        particular, this seeks to promote the integration into Community policies of a high
        level of environmental protection and the improvement of environmental quality in
        accordance with the principle of sustainable development as laid down in Article 37 of
        the Charter of Fundamental Rights of the European Union.
   (31) The measures necessary for the implementation of this Directive should be adopted in
        accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the
        procedures for the exercise of implementing powers conferred on the Commission14,
   12
        insert reference to INSPIRE Directive once adopted
   13
        OJ L 358, 31/12/2002, p. 59.
   14
        OJ L 184, 17.7.1999, p. 23.
EN                                                   13                                          EN
 ---pagebreak---    HAVE ADOPTED THIS DIRECTIVE:
                                              Chapter I
                                       General provisions
                                                Article 1
                                             Subject-matter
   This Directive establishes a framework for the development of Marine Strategies designed to
   achieve good environmental status in the marine environment [by the year 2021 at the latest],
   and to ensure the continued protection and preservation of that environment and the
   prevention of deterioration.
   For the purposes of this Directive, “environmental status” means the overall state of the
   environment in marine waters, taking into account the structure, function and processes of the
   constituent marine ecosystems together with natural physiographic, geographic and climatic
   factors, as well as physical and chemical conditions including those resulting from human
   activities in the area concerned.
                                                Article 2
                                                 Scope
   This Directive is applicable to all European waters on the seaward side of the baseline from
   which the extent of territorial waters is measured extending to the outmost reach of the area
   covered by the sovereignty or jurisdiction of Member States including the bed of all those
   waters and its sub-soils, hereinafter “European marine waters”.
                                                Article 3
                                    Marine Regions and Sub-Regions
   1.        Member States shall, when implementing their obligations under this Directive, take
             due account of the fact that their European marine waters form an integral part of the
             following Marine Regions:
             (a)    the Baltic Sea;
             (b)    the North East Atlantic Ocean;
             (c)    the Mediterranean Sea.
   2.        Member States may, in order to take into account the specificities of a particular
             area, implement this Directive by reference to subdivisions of the marine waters
             referred to in paragraph 1, provided that such subdivisions are delimited in a manner
             compatible with the following Marine Sub-Regions:
             (a)    in the North-East Atlantic:
EN                                                 14                                               EN
 ---pagebreak---                    (i)    in the Greater North Sea, including the Kattegat, the English Channel, the
                          marine waters covered by the sovereignty or jurisdiction of Belgium,
                          Denmark, France, Germany, the Netherlands, Sweden and the United
                          Kingdom;
                   (ii)   in the Celtic Seas, the marine waters covered by the sovereignty or
                          jurisdiction of Ireland and the United Kingdom;
                   (iii) in the Bay of Biscay and the Iberian Coast, the marine waters covered by
                          the sovereignty or jurisdiction of France, Portugal and Spain;
                   (iv) in the Atlantic Ocean, the marine waters covered by the sovereignty or
                          jurisdiction of Portugal surrounding the Azores and Madeira, and of
                          Spain, surrounding the Canary Islands;
            (b)    in the Mediterranean:
                   (i)    in the Western Mediterranean Sea, the marine waters covered by the
                          sovereignty or jurisdiction of Spain, France and Italy;
                   (ii)   in the Adriatic Sea, the marine waters covered by the sovereignty or
                          jurisdiction of Italy and Slovenia;
                   (iii) in the Ionian Sea, the marine waters covered by the sovereignty or
                          jurisdiction of Greece, Italy and Malta;
                   (iv) in the Aegean-Levantine Sea, the marine waters covered by the
                          sovereignty or jurisdiction of Greece and Cyprus.
            Member States shall inform the Commission of any subdivision by the date specified
            in the first subparagraph of Article 23(1).
                                                  Article 4
                                             Marine Strategies
   Each Member State shall, in respect of each Marine Region concerned, develop a Marine
   Strategy for its European marine waters in accordance with the following plan of action:
   (a)      Preparation:
            (i)    an initial assessment, to be completed by [4 years after date of entry into
                   force], of the current environmental status of the waters concerned and the
                   environmental impact of human activities thereon, in accordance with Article
                   7;
            (ii)   a determination, to be established by [4 years after date of entry into force], of
                   good environmental status for the waters concerned, in accordance with Article
                   8(1);
            (iii) establishment, by [5 years after date of entry into force], of a series of
                   environmental targets, in accordance with Article 9(1);
EN                                                   15                                               EN
 ---pagebreak---        (iv) establishment and implementation, by [6 years after date of entry into force]
              except where otherwise specified in the relevant Community legislation, of a
              monitoring programme for ongoing assessment and regular updating of targets,
              in accordance with Article 10(1);
   (b) Programmes of measures:
       (i)    development, by 2016 at the latest, of a programme of measures designed to
              achieve good environment status, in accordance with Article 12(1), (2) and (3);
       (ii)   entry into operation of the programme provided for in point (i), by 2018 at the
              latest, in accordance with Article 12(6).
                                           Article 5
                                Co-ordination and co-operation
   1.  For the purposes of this Directive, Member States with marine waters within the
       same Marine Region or Sub-Region shall co-ordinate their actions.
       Where practical and appropriate, Member States shall use existing institutional
       structures established in that Marine Region or Sub-Region.
   2.  For the purposes of this Directive, Member States shall, within each Marine Region
       or Sub-Region, make every effort to co-ordinate their actions with third countries
       having sovereignty or jurisdiction over waters in the same Region or Sub-Region.
       In that context, Member States shall, as far as possible, build upon existing
       programmes and activities developed in the framework of structures stemming from
       international agreements.
                                           Article 6
                                    Competent authorities
   1.  Member States shall, by the date specified in the first subparagraph of Article 23(1),
       designate for each Marine Region concerned the competent authority for the
       implementation of this Directive with respect to their European marine waters.
       Within six months of that date, Member States shall provide the Commission with a
       list of the competent authorities designated, together with the items of information
       listed in Annex I.
       At the same time, Member States shall send the Commission a list of the national
       competent authorities of all the relevant international bodies in which they
       participate.
   2.  Member States shall inform the Commission of any changes to the information
       provided pursuant to paragraph 1 within three months of such a change coming into
       effect.
EN                                            16                                              EN
 ---pagebreak---                                        Chapter II
                        Marine Strategies: Preparation
                                           Article 7
                                         Assessment
   1. Member States shall make an initial assessment of their European marine waters,
      comprising the following:
      (a)    an analysis of the essential characteristics and current environmental status of
             those waters, based on the non-exhaustive list of elements set out in Table 1 of
             Annex II, and covering the habitat types, the biological components, the
             physico-chemical characteristics and the hydromorphology;
      (b)    an analysis of the predominant pressures and impacts, including human
             activity, on the characteristics and environmental status of those waters based
             on the non-exhaustive list of elements set out in Table 2 of Annex II, and
             covering the qualitative and quantitative mix of the various pressures, as well
             as discernible trends;
      (c)    an economic and social analysis of their use and of the cost of degradation of
             the marine environment.
   2. The analyses referred to in paragraph 1 shall take into account elements regarding
      coastal, transitional and territorial waters covered by relevant provisions of Directive
      2000/60/EC so as to produce a comprehensive assessment of the status of the marine
      environment.
                                           Article 8
                        Determination of good environmental status
   1. By reference to the initial assessment made pursuant to Article 7(1), Member States
      shall, in respect of each Marine Region concerned, determine for the European
      marine waters a set of characteristics for good environmental status, on the basis of
      the generic qualitative descriptors, criteria and standards provided for in paragraph 3.
      They shall take into account the elements listed in Annex II and, in particular, the
      habitat types, the biological components, the physico-chemical characteristics, the
      hydromorphology.
   2. Member States shall notify to the Commission the assessment made pursuant to
      Article 7(1) and the determination made pursuant to paragraph 1 of this Article no
      later than three months after completion of the latter.
   3. The Commission, after consultation of all interested parties, shall, by [2 years after
      the date of entry into force] at the latest, lay down, in accordance with the procedure
      referred to in Article [22(2)] and on the basis of Annex II, generic qualitative
EN                                            17                                               EN
 ---pagebreak---             descriptors, detailed criteria and standards for the recognition of good environmental
            status.
                                                Article 9
                                Establishment of environmental targets
   1.       On the basis of the initial assessment made pursuant to Article 7(1), Member States
            shall, in respect of each Marine Region concerned, establish a comprehensive set of
            environmental targets and associated indicators for all of their European marine
            waters, taking into account the non-exhaustive list of characteristics set out in Annex
            III.
            When devising those targets and indicators, Member States shall take into account
            the continuing application of existing environmental targets, set out at national,
            Community or international level in respect of the same waters.
   2.       Member States shall notify the environmental targets to the Commission no later
            than three months after their establishment.
                                               Article 10
                               Establishment of monitoring programmes
   1.       On the basis of the initial assessment made pursuant to Article 7(1), Member States
            shall establish and implement co-ordinated monitoring programmes for the ongoing
            assessment of the environmental status of their European marine waters on the basis
            of the lists set out in Annexes II and IV, and by reference to the environmental
            targets established pursuant to Article 9.
            Those programmes shall be consistent within Marine Regions or Sub-Regions and
            shall build upon provisions for assessment and monitoring laid down by relevant
            Community legislation or under international agreements.
   2.       Member States shall notify the monitoring programmes to the Commission no later
            than three months after their establishment.
   3.       Where appropriate, the Commission shall, in accordance with the procedure referred
            to in Article [22(2)], adopt specifications and standardised methods for monitoring
            and assessment which take into account existing commitments and ensure
            comparability between monitoring and assessment results.
                                               Article 11
                                                Approval
   On the basis of all the notifications made pursuant to Articles 7(1), 8(2), 9(2) and 10(2) within
   each Marine Region, the Commission shall assess whether, in the case of each Member State,
   the elements notified constitute a framework which meets the requirements of this Directive.
   In making those assessments, the Commission shall consider the coherence of frameworks
   within the different Marine Regions and across the Community.
EN                                                 18                                                EN
 ---pagebreak---    For the purposes of the assessment, the Commission may ask the Member State concerned to
   provide any additional information necessary to enable it to arrive at its decision.
   Within six months of receiving notification of the monitoring programmes established
   pursuant to Article 10, the Commission may decide, in the case of any Member State, to reject
   the framework or any element thereof, on the basis that it does not comply with this Directive.
                                           Chapter III
                   Marine Strategies: Programmes of measures
                                              Article 12
                                       Programmes of measures
   1.       Member States shall, in respect of each Marine Region concerned, identify the
            measures which need to be taken in order to achieve good environmental status, as
            determined pursuant to Article 8(1), in all of their European marine waters.
            Those measures shall be devised on the basis of the initial assessment made pursuant
            to Article 7(1) and by reference to the environmental targets established pursuant to
            Article 9(1), and taking into consideration the types of measure listed in Annex V.
   2.       Member States shall integrate the measures devised pursuant to paragraph 1 into a
            programme of measures, taking into account measures required under relevant
            Community legislation or international agreements.
   3.       When drawing up the programme of measures pursuant to paragraph 2, Member
            States shall give due consideration to sustainable development and, in particular, to
            the social and economic impacts of the measures envisaged.
            Member States shall ensure that measures are cost-effective, technically feasible and
            shall carry out impact assessments, including detailed cost-benefit analyses, prior to
            the introduction of any new measure.
   4.       Member States shall indicate in their programmes of measures how the measures are
            to be implemented and how they will contribute to achievement of the environmental
            targets established pursuant to Article 9(1).
   5.       Member States shall notify the Commission and any other Member State concerned
            of their programmes of measures, within three months of their completion.
   6.       Subject to Article 15, Member States shall ensure that the programmes are made
            operational within two years of their completion.
                                              Article 13
                                             Special areas
   1.       Where a Member State identifies an area within its European marine waters where,
            because of any of the following reasons, the environmental targets cannot be
            achieved through measures taken by that Member State, it shall identify that area
EN                                                19                                               EN
 ---pagebreak---              clearly in its programme of measures and provide the Commission with the evidence
             necessary to substantiate its view:
             (a)    action or inaction on the part of another Member State or a third country;
             (b)    natural causes or force majeure;
             (c)    modifications or alterations to the physical characteristics of marine waters
                    brought about by actions taken for overriding reasons of public interest which
                    outweighed the negative impact on the environment.
             However, the Member State concerned shall take appropriate ad hoc measures to
             prevent further deterioration in the status of the marine waters affected and to
             mitigate the adverse impact within the Marine Region concerned.
   2.        In the situation covered by point (c) of paragraph 1, Member States shall ensure that
             the modifications or alterations do not permanently exclude or compromise the
             achievement of good environmental status in the Marine Region concerned.
   3.        The ad hoc measures referred to in the second subparagraph of paragraph 1 shall
             form an integral part of a programme of measures.
                                                Article 14
                                               Information
   Where a Member State identifies an issue which has an impact on the environmental status of
   its European marine waters and which cannot be tackled by measures adopted at national
   level, it shall inform the Commission accordingly and provide the evidence necessary to
   substantiate its view.
                                                Article 15
                                                 Approval
   On the basis of the notifications of programmes of measures made pursuant to Article 12(5),
   the Commission shall assess whether, in the case of each Member State, the programmes
   notified constitute an appropriate means of achieving good environmental status as
   determined pursuant to Article 8(1).
   In making that assessment, the Commission shall consider the coherence across the
   Community of programmes of measures.
   For the purposes of the assessment, the Commission may ask the Member State concerned to
   provide any additional information necessary to enable it to arrive at its decision.
   Within six months of receiving notification of the programmes of measures, the Commission
   may decide, in the case of any Member State, to reject a programme or any aspect thereof, on
   the basis that it does not comply with this Directive.
EN                                                   20                                            EN
 ---pagebreak---                                             Chapter IV
                      Updating, reports and public information
                                               Article 16
                                               Updating
   1.       Member States shall ensure that, in respect of each Marine Region concerned, their
            Marine Strategies are kept up-to-date.
   2.       For the purposes of paragraph 1, Member States shall review the following elements
            of their Marine Strategies every six years after their initial establishment:
            (a)   the initial assessment and the determination of good environmental status,
                  provided for in Articles 7(1) and 8(1), respectively;
            (b)   the environmental targets established pursuant to Article 9(1);
            (c)   the monitoring programmes established pursuant to Article 10(1);
            (d)   the programmes of measures established pursuant to Article 12(2).
   3.       Details of any updates made following the reviews provided for in paragraph 2 shall
            be sent to the Commission and to any other Member States concerned within three
            months of their publication in accordance with Article 18(2).
   4.       Articles 11 and 15 shall apply mutatis mutandis.
                                               Article 17
                                            Interim reports
   Member States shall, within three years of the publication of each programme of measures or
   update thereof in accordance with Article 18(2), submit to the Commission an interim report
   describing progress in the implementation of that programme.
                                               Article 18
                                 Public consultation and information
   1.       In accordance with Directive 2003/35/EC, Member States shall ensure the active
            involvement of all interested parties in the implementation of this Directive, in
            particular in the establishment of the Marine Strategies provided for in Chapters II
            and III, and their updating in accordance with Article 16.
   2.       Member States shall publish and make available for comments to the public
            summaries of the following elements of their Marine Strategies, or the related
            updates:
            (a)   the initial assessment and the determination of good environmental status,
                  provided for in Articles 7(1) and 8(1), respectively;
EN                                                 21                                            EN
 ---pagebreak---       (b)    the environmental targets established pursuant to Article 9(1);
      (c)    the monitoring programmes established pursuant to Article 10(1);
      (d)    the programmes of measures established pursuant to Article 12(2).
   3. In accordance with Directive 2003/4/EC, access shall be given upon request to
      background documents and information used for the development of the Marine
      Strategies. In particular, the data and information resulting from the initial
      assessment and the monitoring programmes shall be made available to the public
      over the internet or any other appropriate means of telecommunication.
      Member States shall provide the Commission, for the performance of its tasks, with
      unrestricted access and use rights in respect of that data and information.
                                           Article 19
                                     Commission reports
   1. The Commission shall publish a first evaluation report on the implementation of this
      Directive within two years of receiving all programmes of measures and, in any case,
      by 2021 at the latest.
      The Commission shall publish further reports every six years thereafter.
      It shall submit the reports to the European Parliament and to the Council.
   2. The reports provided for in paragraph 1 shall include the following:
      (a)    a review of progress in the implementation of this Directive;
      (b)    a review of the status of the marine environment in the Community, undertaken
             in co-ordination with the European Environment Agency and the relevant
             regional marine and fisheries organisations and conventions;
      (c)    a survey of the Marine Strategies, together with suggestions for their
             improvement;
      (d)    a summary of the assessments made by the Commission, in accordance with
             Article 15, in relation to information received from the Member States pursuant
             to Article 14;
      (e)    a summary of the response to each of the reports to the Commission made by
             Member States pursuant to Article 17;
      (f)    a summary of the responses to comments made by the European Parliament
             and the Council on previous Marine Strategies.
EN                                             22                                            EN
 ---pagebreak---                                                 Article 20
                                        Review of this Directive
   The Commission shall review this Directive by [15 years after the date of entry into force]
   and shall, where appropriate, propose any necessary amendments.
                                             Chapter V
                                         Final provisions
                                                Article 21
                                         Technical adaptations
   1.       Annexes II, III and IV shall be adapted to scientific and technical progress in
            accordance with the procedure referred to in Article [22(2)], taking into account the
            periods for the review and updating of Marine Strategies, laid down in Article 16(2).
   2.       Where necessary, the Commission may, in accordance with the procedure referred to
            in Article [22(2)], adopt the following:
            (a)   standards for the application of Annexes [II], [III] and [IV];
            (b)   technical formats for the purposes of transmission and processing of data,
                  including statistical and cartographic data.
                                                Article 22
                                               Committee
   1.       The Commission shall be assisted by the committee established by Article [21(1)] of
            Directive 2000/60/EC, hereinafter referred to as "the 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.       The Committee shall adopt its Rules of Procedure.
                                                Article 23
                                              Transposition
   1.       Member States shall bring into force the laws, regulations and administrative
            provisions necessary to comply with this Directive by [three years after the date of
            entry into force] at the latest. They shall forthwith communicate to the Commission
            the text of those provisions and a correlation table between those provisions and this
            Directive.
EN                                                  23                                             EN
 ---pagebreak---             When Member States adopt those provisions, they shall contain a reference to this
            Directive or be accompanied by such a reference on the occasion of their official
            publication. Member States shall determine how such reference is to be made.
   2.       Member States shall communicate to the Commission the texts of the main
            provisions of national law which they adopt in the field covered by this Directive.
                                              Article 24
                                          Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
                                              Article 25
                                             Addressees
   This Directive is addressed to the Member States.
   Done at Brussels,
   For the European Parliament                  For the Council
   The President                                The President
EN                                                24                                               EN
 ---pagebreak---                                            Annex I
                                          Article 6(2)
   (1) Name and address of the competent authority – the official name and address of the
       authority identified.
   (2) Legal status of competent authority – a description of the legal status of the
       competent authority and, where relevant, a summary or copy of its statute, founding
       treaty or equivalent legal document.
   (3) Responsibilities – a description of the legal and administrative responsibilities of the
       competent authority and of its role for the marine waters concerned.
   (4) Membership – when the competent authority acts as a co-ordinating body for other
       competent authorities, a list is required of these bodies together with a summary of
       the institutional relationships established in order to ensure co-ordination.
   (5) Regional co-ordination - a summary is required of the mechanisms established in
       order to ensure co-ordination between the Member States whose European marine
       waters fall within the same Marine Region.
EN                                             25                                               EN
 ---pagebreak---                                        Annex II
                           Articles 7(1), 8(1) and 10(1)
                           Table 1 – Characteristics
   Physical and chemical - bathymetric features;
   features.
                         -  annual and seasonal temperature regime;
                         -  predominant        currents      and      estimated      re-
                            cycling/replacement times;
                         -  salinity including trends and gradients across the region.
   Habitat types         -  The predominant habitat type(s) with a description of the
                            characteristic physical and chemical features-depth,
                            temperature regime, currents, salinity, structure and
                            substrate of the bed;
                         -  Identification and mapping of special habitat types
                            especially those recognised or identified under EU
                            legislation (habitats and birds directives) or international
                            conventions as being of special scientific or biodiversity
                            interest;
                         -  Other special areas which by virtue of their
                            characteristics, location, or strategic importance merit a
                            particular reference. This may include areas subject to
                            intense or specific pressures or areas which merit a
                            specific protection regime.
   Biological Elements   -  A description of the biological communities associated
                            with the predominant habitats. This would include
                            information of the typical phytoplankton and zooplankton
                            communities including the typical species, seasonal and
                            geographical variability and estimates of primary and
                            secondary productivity. Information on the invertebrate
                            bottom fauna including species composition, biomass,
                            productivity and annual/seasonal variability should also
                            be provided. Finally, information on the structure of fish
                            populations including the abundance, distribution and
                            age/size structure of the populations should be presented.
                         -  A description of the population dynamics, natural and
                            actual range and status of all species of marine mammal
                            occurring in the region/sub-region. For species covered by
                            EU legislation (habitats directive) or international
                            agreements, a description of the main threats and
                            protection/management measures in place should also be
                            provided;
EN                                        26                                             EN
 ---pagebreak---                   - A description of the population dynamics, natural and
                    actual range and status of all species of seabirds occurring
                    in the region/sub-region. For species covered by EU
                    legislation (birds directive) or international agreements, a
                    description       of      the      main      threats     and
                    protection/management measures in place shall also be
                    provided;
                  - A description of the population dynamics, natural and
                    actual range and status of all other species occurring in the
                    region/sub-region which are the subject of EU legislation
                    or international agreements including a description of the
                    main threats and protection/management measures in
                    place.
                  - An inventory of the occurrence, abundance and
                    distribution of non-indigenous, exotic species which are
                    present in the region/sub-region.
   Other Features - A description of incidences of nutrient enrichment-inputs,
                    nutrient     cycling     (currents     and    sediment/water
                    interactions), spatial distribution, consequences;
                  - A description of the general state of chemical pollution
                    including problem chemicals, sediment contamination,
                    hot spots, health issues (contamination of fish flesh);
                  - Any other features, characteristics typical/peculiar to the
                    region/sub-region ( e.g. dumped munitions)
EN                                27                                              EN
 ---pagebreak---                                  Table 2 - Pressures and Impacts
   General
   Pollution in the form of the direct or indirect introduction, as a result of human activity, of
   substances or energy, including human-induced marine underwater noise, into the marine
   environment which results or is likely to result in such deleterious effects as harm to living
   resources and marine life, hazards to human health, hindrance to marine activities,
   including fishing, tourism and recreation and other legitimate uses of the sea, impairment
   of quality for use of sea water and reduction of amenities.
    Physical loss
                                 Smothering (e.g. by artificial structures, disposal of dredge spoil)
                                 Sealing (e.g. by permanent constructions)
     Physical damage             Siltation (e.g. run-off, dredging, outfalls)
                                 Abrasion (e.g. boating, anchoring, )
                                 Selective extraction (e.g. aggregate dredging, entanglement)
     Non-physical disturbance    Noise (e.g. boat activity, seismic)
                                 Visual (e.g. recreational activity)
     Toxic contamination         Introduction of synthetic compounds (e.g. pesticides, antifoulants,
                                 PCBs)
                                 Introduction of non-synthetic compounds (e.g. heavy metals,
                                 hydrocarbons)
                                 Introduction of radio nuclides
     Non-toxic contamination     Nutrient enrichment (e.g. agricultural run-off, outfalls)
                                 Organic enrichment (e.g. mariculture, outfalls)
                                 Changes in thermal regime (e.g. outfalls, power stations)
                                 Changes in turbidity (e.g. run-off, dredging)
                                 Changes in salinity (e.g. water abstraction, outfalls)
     Biological disturbance      Introduction of microbial pathogens
                                 Introduction of non-native species and translocations
                                 Selective extraction of species (e.g. commercial & recreational fishing)
EN                                                     28                                                 EN
 ---pagebreak---                                            Annex III
                                          Article 9(1)
   (1)  Adequate coverage of the elements characterising marine waters under the
        sovereignty or jurisdiction of Member States within a Marine Region or Sub-Region.
   (2)  Need to set (a) targets establishing desired conditions based on the definition of good
        environmental status; (b) measurable targets that allow for monitoring; and (c)
        operational targets relating to concrete implementation measures to support their
        achievement.
   (3)  Specification of environmental status to be achieved and formulation of the latter in
        terms of measurable properties of the elements characterising the European marine
        waters of a Member State within a Marine Region or Sub-Region.
   (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 with a time scale for their achievement.
   (7)  Specification of indicators intended to monitor progress and guide management
        decisions towards achievements of targets.
   (8)  Where appropriate, specification of reference points (target and limit reference
        points).
   (9)  Due consideration of social and economic concerns in setting targets.
   (10) Examination of the set of environmental targets, associated indicators and limit and
        target reference points developed in light of the environmental objective laid down in
        Article [1] in order to assess whether the achievement of the targets would lead the
        marine waters falling under the sovereignty or jurisdiction of Member States within a
        Marine Region to a status matching them.
   (11) Compatibility of targets with objectives to which the Community and its Member
        States have committed themselves under relevant international and regional
        agreements.
   (12) When the suite of targets and indicators have been assembled, they should be
        examined together relative to the environmental objective laid down in Article [1] to
        assess whether the achievement of the targets would lead the marine environment to
        a status matching them.
EN                                            29                                                EN
 ---pagebreak---                                            Annex IV
                                         Article 10(1)
   (1)  Need to provide information for an assessment of the environmental status and for a
        measure of distance from and progress towards good environmental status in
        accordance with Annex [II] and with the detailed standards and criteria to be defined
        pursuant to Article [8(3)].
   (2)  Need to ensure the generation of the information enabling the identification of
        suitable indicators for the environmental targets provided for in Article [9].
   (3)  Need to ensure the generation of the information allowing the assessment of the
        impact of the measures referred to in Article [12].
   (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 return 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.
   (8)  Need to develop technical specifications and standardised methods for monitoring at
        Community level to allow comparability of information.
   (9)  Need to ensure to the extent possible compatibility with existing programmes
        developed at regional and international level with a view to fostering consistency
        between these programmes and avoiding duplication of efforts.
   (10) Need to include as part of the initial assessment provided for in Article [7] an
        assessment of major changes in the environmental conditions as well as, where
        necessary, new and emerging issues.
   (11) Need to address as part of the initial assessment provided for in Article [7] the
        elements listed in Annex II and their natural variability and to evaluate the trends
        towards the achievement of the environmental targets laid down pursuant to Article
        [9(1)], using, as appropriate the set indicators and their limit or target reference
        points.
EN                                            30                                               EN
 ---pagebreak---                                          Annex V
                                       Article 12(1)
   (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 which influence
       where and when an activity is allowed to occur.
   (4) Management co-ordination measures: tools to ensure management is coordinated.
   (5) Economic incentives: management measures which make it in the economic interest
       of those using the marine ecosystem to act in ways which help to achieve the
       ecological objectives for the ecosystem.
   (6) Mitigation and remediation Tools: management tools which guide human activities
       to restore damaged components of marine ecosystems.
   (7) Communication, stakeholder involvement and raising public awareness.
EN                                           31                                          EN