Annexes to COM(2014)97 - First phase of implementation of the Marine Strategy Framework Directive (2008/56/EC) The European Commission's assessment and guidance

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Annex III of the MSFD, and if necessary revise, and develop specific guidance to ensure a more coherent and consistent approach for assessments in the next implementation cycle;

implement a modern and effective data and information sharing system between the EU (EEA) and RSCs (“WISE-Marine”), taking full advantage of the ongoing developments to improve accessibility and interoperability of marine data through the "Marine Knowledge 2020" initiative;

– systematically use assessments carried out for other relevant EU legislation or under RSCs by Member States, with preparatory work starting immediately;

– develop action plans, coordinated at (sub-)regional level to rectify the shortcomings identified at the latest by 2018[13].

Last but not least, regional cooperation must be at the very heart of MSFD implementation, and influence national implementation processes, rather than the other way around. At the regional level, the Commission and the Member States should cooperate with other Contracting Parties in the context of the RSCs, to stimulate further coordination at regional or sub-regional level, bearing in mind that each RSC has its specificities. Member States should then use the results systematically in national implementation processes. The Commission and the Member States should continue discussion on how best to foster regional cooperation and further strengthen cooperation with the RSCs, in particular to further align work programmes.

These recommendations aim at providing a clear framework for a gradually improving the cooperative approach to MSFD implementation, with gradual steps and objectives to be met at all relevant levels. This way forward, if implemented fully and rapidly by all, well before 2018, will help achieve the required urgent policy step-change, and will improve the way we jointly address the protection of our oceans and seas in the little time left before 2020.

The European Commission intends to reassess in 2016, as part of its report on the programmes of measures[14], whether the collaborative approach described above has been implemented and has delivered results, or whether additional action is needed in order to ensure the proper implementation of the MSFD. The revision of the GES decision in 2015 and the strengthening of regional cooperation are key elements of this approach. In parallel, the European Commission may avail itself of the possibility to launch further infringement procedures to ensure the proper implementation of the MSFD, whenever necessary.

5. Conclusion

The very fragile marine ecosystems of the EU are facing increasing pressures from human activities. Implementing the MSFD and translating the ecosystem approach into a scientifically sound reality in the marine environment, while working jointly with the EU's neighbours, is a very challenging, but crucial task. In the first phase of the MSFD, important milestones have been established at the European, regional and national levels, representing an important effort. Nevertheless, the EU is still very far from enjoying healthy oceans and seas. Meeting this objective by 2020, in less than seven years, implies renewed and intensified efforts and rapid and important change in the way Member States, the European Commission, RSCs and other relevant organisations work together, focusing on joint action and planning, as well as policy coherence across sectors. Greater coordination of monitoring programmes and programmes of measures, more ambitious regional cooperation and a clearer understanding of the roles, responsibilities and obligations of all parties will facilitate less costly and more effective protection of the marine environment as will the full implementation of the EU’s legislative framework dealing with land-based sources of pollution as well as more systematic efforts to achieve Integrated Coastal Zone Management.  These actions represent the minimum necessary if the EU is to be successful in implementing the MSFD, protecting its oceans and seas, and to ensure its marine waters will provide a sustainable source of development for the generations to come.

[1]               See Commission Staff Working Document: "First steps in the implementation of the Marine Strategy Framework Directive - Assessment in accordance with Article 12 of Directive 2008/56/EC" for a state of play on the reporting from Member States. Member States with no coastline did not have to report under the MSFD.

[2]               As mandated by article 12 of the Marine Strategy Framework Directive.

[3]               Commission Staff Working Document: "First steps in the implementation of the Marine Strategy Framework Directive - Assessment in accordance with Article 12 of Directive 2008/56/EC".

[4]               Communication from the Commission to the Council concerning a consultation on Fishing Opportunities for 2014 COM(2013) 319 final.

[5]               According to Article 12 MSFD: " On the basis of all the notifications made pursuant to Articles 9(2), 10(2) and 11(3) in respect of each marine region or subregion, the Commission shall assess whether, in the case of each Member State, the elements notified constitute an appropriate framework to meet the requirements of this Directive and may ask the Member State concerned to provide any additional information that is available and necessary. In drawing up those assessments, the Commission shall consider the coherence of frameworks within the different marine regions or subregions and across the Community".

[6]               See Staff Working Document, ibid.

[7]               MSFD, article 3.5.

[8]               The European Commission has received information from 17 Member States on public consultation processes required by article 19 of the MSFD. See Staff Working Document for more information.

[9]               The Directive requires from Member States detailed and coordinated input. In order to facilitate this work, Member States and the European Commission have set up an informal programme of coordination, the Common Implementation Strategy (CIS).

[10]             Work Programme agreed as part of the CIS:

http://ec.europa.eu/environment/marine/eu-coast-and-marine-policy/implementation/index_en.htm

[11]             Proposal for a Directive establishing a Framework for Maritime Spatial Planning and Integrated Coastal Management, COM (2013)133 final.

[12]             As outlined in SWD (2013) 133 final (as part of the Commission's "EU Strategy on adaptation to climate change").

[13]             These action plans could be inspired by the Structured Implementation and Information Framework approach and defining the various steps to be undertaken by a Member States to improve implementation (see COM(2012) 95).

[14]             Article 16 MSFD.