Annexes to COM(2008)5 - OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the 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 Framework Directive) AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

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dossier COM(2008)5 - OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European ...
document COM(2008)5 EN
date July 15, 2008
ANNEX I

Qualitative descriptors for determining good environmental status

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

(1)Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of species are in line with prevailing physiographic, geographic and climatic conditions.

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

(3)Populations of all commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock.

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

(5)Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity, ecosystem degradation, harmful algae blooms and oxygen deficiency in bottom waters.

(6)Sea-floor integrity is at a level that ensures that the structure and functions of the ecosystems are safeguarded and benthic ecosystems, in particular, are not adversely affected.

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

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

(9)Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards.

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

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

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


ANNEX II

Competent authorities

(referred to in Article 7(1))

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

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

(3)Responsibilities — a brief description of the legal and administrative responsibilities of the competent authority or authorities, and of its role in relation to the marine waters concerned.

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

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


ANNEX III

Indicative lists of characteristics, pressures and impacts

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

Table 1

Characteristics

Physical and chemical features
—Topography and bathymetry of the seabed,

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

—spatial and temporal distribution of salinity,

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

—pH, pCO2 profiles or equivalent information used to measure marine acidification.
Habitat types
—The predominant seabed and water column habitat type(s) with a description of the characteristic physical and chemical features, such as depth, water temperature regime, currents and other water movements, salinity, structure and substrata composition of the seabed,

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

—habitats in areas which by virtue of their characteristics, location or 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 features
—A description of the biological communities associated with the predominant seabed and water column habitats. This would include information on the phytoplankton and zooplankton communities, including the species and seasonal and geographical variability,

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

—information on the structure of fish populations, including the abundance, distribution and age/size structure of the populations,

—a description of the population dynamics, natural and actual range and status of species of marine mammals and reptiles occurring in the marine region or subregion,

—a description of the population dynamics, natural and actual range and status of species of seabirds occurring in the marine region or subregion,

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

—an inventory of the temporal occurrence, abundance and spatial distribution of non-indigenous, exotic species or, where relevant, genetically distinct forms of native species, which are present in the marine region or subregion.
Other features
—A description of the situation with regard to chemicals, including chemicals giving rise to concern, sediment contamination, hotspots, health issues and contamination of biota (especially biota meant for human consumption),

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


Table 2

Pressures and impacts

Physical loss
—Smothering (e.g. by man-made structures, disposal of dredge spoil),

—sealing (e.g. by permanent constructions).
Physical damage
—Changes in siltation (e.g. by outfalls, increased run-off, dredging/disposal of dredge spoil),

—abrasion (e.g. impact on the seabed of commercial fishing, boating, anchoring),

—selective extraction (e.g. exploration and exploitation of living and non-living resources on seabed and subsoil).
Other physical disturbance
—Underwater noise (e.g. from shipping, underwater acoustic equipment),

—marine litter.
Interference with hydrological processes
—Significant changes in thermal regime (e.g. by outfalls from power stations),

—significant changes in salinity regime (e.g. by constructions impeding water movements, water abstraction).
Contamination by hazardous substances
—Introduction of synthetic compounds (e.g. priority substances under Directive 2000/60/EC which are relevant for the marine environment such as pesticides, antifoulants, pharmaceuticals, resulting, for example, from losses from diffuse sources, pollution by ships, atmospheric deposition and biologically active substances),

—introduction of non-synthetic substances and compounds (e.g. heavy metals, hydrocarbons, resulting, for example, from pollution by ships and oil, gas and mineral exploration and exploitation, atmospheric deposition, riverine inputs),

—introduction of radio-nuclides.
Systematic and/or intentional release of substances
—Introduction of other substances, whether solid, liquid or gas, in marine waters, resulting from their systematic and/or intentional release into the marine environment, as permitted in accordance with other Community legislation and/or international conventions.
Nutrient and organic matter enrichment
—Inputs of fertilisers and other nitrogen — and phosphorus-rich substances (e.g. from point and diffuse sources, including agriculture, aquaculture, atmospheric deposition),

—inputs of organic matter (e.g. sewers, mariculture, riverine inputs).
Biological disturbance
—Introduction of microbial pathogens,

—introduction of non-indigenous species and translocations,

—selective extraction of species, including incidental non-target catches (e.g. by commercial and recreational fishing).


ANNEX IV

Indicative list of characteristics to be taken into account for setting environmental targets

(referred to in Articles 10(1) and 24)

(1)Adequate coverage of the elements characterising marine waters under the sovereignty or jurisdiction of Member States within a marine region or subregion.

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

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

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

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

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

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

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

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

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

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


ANNEX V

Monitoring programmes

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

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

(2)Need to ensure the generation of information enabling the identification of suitable indicators for the environmental targets provided for in Article 10.

(3)Need to ensure the generation of information allowing the assessment of the impact of the measures referred to in Article 13.

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

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

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

(7)Need to aggregate the information on the basis of marine regions or subregions in accordance with Article 4.

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

(9)Need to develop technical specifications and standardised methods for monitoring at Community level, so as to allow comparability of information.

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

(11)Need to include, as part of the initial assessment provided for in Article 8, an assessment of major changes in the environmental conditions as well as, where necessary, new and emerging issues.

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


ANNEX VI

Programmes of measures

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

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

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

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

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

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

(6)Economic incentives: management measures which make it in the economic interest of those using the marine ecosystems to act in ways which help to achieve the good environmental status objective.

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

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