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Procedure : 2005/0211(COD)
Document stages in plenary
Document selected : A6-0373/2006

Texts tabled :

A6-0373/2006

Debates :

PV 13/11/2006 - 17
CRE 13/11/2006 - 17

Votes :

PV 14/11/2006 - 9.15
Explanations of votes

Texts adopted :

P6_TA(2006)0482

Texts adopted
PDF 548kWORD 201k
Tuesday, 14 November 2006 - Strasbourg
Community Action in the field of Marine Environmental Policy ***I
P6_TA(2006)0482A6-0373/2006
Resolution
 Consolidated text

European Parliament legislative resolution on 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 Directive) (COM(2005)0505 – C6-0346/2005 – 2005/0211(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0505)(1),

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0346/2005),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Fisheries (A6-0373/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.


Position of the European Parliament adopted at first reading on 14 November 2006 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council establishing a Framework for Community Action in the field of Marine Environmental Policy (Marine Strategy Directive)
P6_TC1-COD(2005)0211

(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 Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

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)  Europe is surrounded by four seas - the Mediterranean, the Baltic, the North Sea and the Black Sea - and by two oceans - the Atlantic and the Arctic.

(3)  The Community's land territory effectively constitutes a peninsula with a coastline thousands of kilometres long, and the Community's marine territory is larger than its land territory.

(4)  It is evident that the demand on natural marine resources and marine ecological services, such as waste absorption, is too high and that the Community needs to reduce its footprint on the marine waters within and beyond Community territory.

(5)  In view of the particular sensitivities of the Baltic Sea ecosystem, due to its enclosed and brackish nature, Member States surrounding the Baltic should seek to address as a matter of urgency the particular threats to the Baltic Sea, such as eutrophication, the introduction of invasive species and overfishing.

(6)  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(4), a thematic strategy for the protection and conservation of the marine environment was to 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.

(7)  The thematic strategy on the marine environment - based on an integrated approach - should include, as appropriate, qualitative and quantitative objectives and time schedules that will make it possible to compare and evaluate the measures provided for. Actions geared to the implementation of the strategy should comply with the subsidiarity principle. Consideration should also be given to increased involvement of interested parties and to better use of the various Community financing instruments directly or indirectly linked to the protection of the marine environment.

(8)  The development and implementation of the strategy should be geared to the conservation of the ecosystem. This approach should consider bio-geographic areas to be protected, as well as human activities that have an impact on the marine environment.

(9)  It is necessary to continue to set biological and environmental targets and reference frameworks taking account of the objectives laid down in Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(5) (the Habitats Directive), Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(6), and other internationally agreed objectives.

(10)  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.

(11)  In order to achieve those objectives, a transparent and coherent legislative framework is required, which includes a definition of good environmental status and is linked to the principles of the Common Fisheries Policy, 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.

(12)  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.

(13)  It is therefore appropriate that Member States sharing a Marine Region should ensure that a single, joint Marine Strategy is produced per Region or Sub-Region for the waters falling under their sovereignty or jurisdiction. 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.

(14)  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.

(15)  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.

(16)  Due to the interaction of interests of shipping and fishing nations and their vessels and activities in the marine environment, it is imperative to coordinate efforts to protect the marine environment from risks associated with the operation of these vessels in the Marine Region with flag states. Where third-country vessels operate in the Marine Region, Member States should coordinate their efforts to protect the marine environment within the framework of existing bodies and institutions.

(17)  The Community and Member States are a party to the United Nations Convention on the Law of the Sea (UNCLOS), approved by Council Decision 98/392/EC(7). The obligations of the Community and Member States under those agreements should therefore be fully taken into account in this Directive.

(18)  This Directive should also support the strong position taken by the Community, in the context of the Convention on Biological Diversity, approved by Council Decision 93/626/EC(8), 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 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.

(19)  A rational approach should be defined for the full implementation of the Natura 2000 network in the marine environment. This approach should include proposals for adapting the annexes to the Habitats Directive relating to marine habitats and species, and should apply and adjust the necessary technical and financial instrumentation measures.

(20)  Ensuring the integration of conservation objectives, management measures and monitoring and assessment activities set up for marine protected areas into Marine Strategies is crucial to achieving the objectives of this Directive.

(21)  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(9),the Convention for the Protection of the Marine Environment of the North-East Atlantic, approved by Council Decision 98/249/EC(10), and its new Annex V on the Protection and Conservation of the Ecosystems and Biological Diversity of the Maritime Area and the corresponding Appendix 3, approved by Council Decision 2000/340/EC(11), and the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, approved by Council Decision 77/585/EEC(12), and its amendments from 1995, approved by Council Decision 1999/802/EC(13), as well as its Protocol for the Protection of the Mediterranean Sea Against Pollution from Land-Based Sources, approved by Council Decision 83/101/EEC(14).

(22)  It is necessary to invite neighbouring countries to participate in this process and develop partnerships with them, particularly in the Baltic Sea, the Mediterranean Sea and the Black Sea, taking account, inter alia, of the partnership initiatives launched in the context of the 2002 United Nations World Summit on Sustainable Development.

(23)  Account should also be taken of biodiversity and the potential for marine research associated with deep-water environments off the outermost regions and support should be given, under specific programmes, for the drawing-up of scientific studies with a view to the improved characterisation of deep-water ecosystems.

(24)  For an effective protection of the marine environment, Member States should create frameworks and platforms that allow for cross-sectored processing of marine affairs. The development of the status of marine waters should therefore not be considered only from the environmental point of view, but should combine the natural science with the economic, social and administrative development of the area.

(25)  Since the programmes of measures executed under Marine Strategies will be effective and as cost-effective as possible only if they are devised on the basis of a sound scientific 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, including marine research and monitoring operations, for informed policy-making.

(26)  As a first step in that preparation, Member States across a Marine Region should undertake analyses of the characteristics and functions 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.

(27)  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.

(28)  The Community should create the necessary conditions to enable the Member States to benefit from the quality of research and the body of knowledge produced in universities dedicated to the study of marine sciences. The scientific and technical information required for the implementation of the various stages created by this Directive should thus be obtained from reliable sources and the sustainability of coastal areas where such teaching centres are normally located should be guaranteed.

(29)  Support for research into the marine environment should be enshrined in the Seventh Framework Programme on research and development (2007-2013).

(30)  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.

(31)  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.

(32)  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.

(33)  The planning, implementation and management of the programmes of measures may require considerable expenditure. Bearing in mind that the programmes of measures are the means of achieving the objectives of this Directive, the Community should contribute to Member States' expenditure during the preparation, implementation and coordination of those programmes.

(34)  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.

(35)  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.

(36)  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.

(37)  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.

(38)  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.

(39)  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 the marine environment be flexible and adaptive. It is necessary, therefore, to provide for the updating of Marine Strategies on a regular basis.

(40)  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.

(41)  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.

(42)  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 2017 at the latest. Subsequent Commission reports should be published every six years thereafter.

(43)  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 2007/.../EC of the European Parliament and of the Council of ... establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)(15).

(44)  Measures regulating fisheries management can be taken, inter alia, 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(16), based on scientific advice, and are therefore also 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.

(45)  Future reform of the Common Fisheries Policy should take into account the environmental impacts of fishing and the objectives of this Directive.

(46)  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.

(47)  Action by Member States should be based on the precautionary principle and an ecosystem-geared approach.

(48)  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, it 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.

(49)  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 Commission(17),

HAVE ADOPTED THIS DIRECTIVE:

Chapter I

General provisions

Article 1

Subject-matter

This Directive establishes a framework within which Member States shall achieve good environmental status in the marine environment by the year 2017 at the latest and take measures which:

   a) protect and preserve the marine environment or allow its recovery or, where practicable, restore the structure, function and processes of marine biodiversity and marine ecosystems;
   b) prevent and phase out pollution in the marine environment so as to ensure that there are no significant impacts on or risks to marine biodiversity, marine ecosystems, human health or legitimate uses of the sea;
   c) contain the use of marine services and goods and other activities in the marine environment to levels that are sustainable and that do not compromise uses and activities of future generations nor the capacity of marine ecosystems to respond to natural and human-induced changes.

Article 2

Scope

This Directive is applicable to all European marine waters and takes account of the need to ensure the quality of the marine environment of associated and applicant States.

Article 3

Existing obligations, commitments and initiatives

This Directive shall be without prejudice to:

   a) existing obligations, commitments and initiatives of Member States, or the Community, at Community or international level regarding environmental protection in European marine waters; and
   b) the competence of Member States in existing international institutional structures.

Article 4

Definitions

For the purposes of this Directive:

  (1) "European marine waters" shall mean:
   - all European waters on the seaward side of the baseline from which the extent of the 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 those waters and its subsoil; and
   - all tidal waters - either in or adjacent to the Member States - from which the distance of the territorial waters is measured, and any land or seabed covered continuously or intermittently by those waters;
  2) "environmental status" shall mean the overall status of the environment of the waters in question, taking into account:
   a) the structure, function and processes of the constituent marine ecosystems; and
   b) the components, conditions and factors, whether acoustic, biological, chemical, climatic, geographic, geological, physical or physiographic, which interact and determine the condition, productivity, quality and state of the marine ecosystems referred to in point (a).

The components, conditions and factors referred to in point (b) include those arising as a result of human activities, irrespective of whether such activities occur within or outside the European marine waters in question;

  3) "good environmental status" shall mean the state of the environment when:
   a) the structure, function and processes of the constituent marine ecosystems enable these ecosystems to function in their natural self-maintaining manner. The marine ecosystems retain their natural resilience to broader environmental change;
   b) all human activities within and outside the area in question are managed in a manner that makes their collective pressure on the marine ecosystems compatible with good environmental status. Human activities in the marine environment do not exceed levels that are sustainable at the geographical scale appropriate for assessment purposes. The potential for uses and activities of future generations in the marine environment is maintained;
   c) marine biodiversity and ecosystems are protected, their deterioration is avoided, recovery is possible and, where possible, their structure, function and processes are restored;
   d) pollution and energy, including noise, in the marine environment are steadily reduced so as to ensure that the impact on or risks for marine biodiversity and marine ecosystems, human health or legitimate uses of the sea are minimised; and
   e) all the conditions listed in Annex I are met;
   4) "pollution' shall mean the direct or indirect introduction, as a result of human activity, of substances or energy, including noise, into the marine environment which results or may result in such deleterious effects as harm to marine biodiversity and marine ecosystems, hazards to human health and hindrance to legitimate uses of the sea;
   5) "marine protected areas" shall mean areas in which activities identified as exerting an important pressure and/or impact on the marine environment shall be limited or forbidden. Marine protected areas are identified by Member States during the preparation phase of the Marine Strategy, and belong to a system of marine spatial planning which is consistent at Community, regional and sub-regional level, and in line with international commitments to which the Community is party.

Article 5

Marine Regions and Sub-Regions

1.  Member States shall implement this Directive with reference to the following Marine Regions:

   a) the Baltic Sea;
   b) the North East Atlantic Ocean;
   c) the Mediterranean Sea;
   d) the Black 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 consistent with international agreements and compatible with the following Marine Sub-Regions:

  a) in the North-East Atlantic:
   i) in the Greater North Sea, including the Kattegat and 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, Slovenia and Croatia;
   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 30(1).

3.  For each Marine Region, the Member States concerned shall achieve good environmental status in the European marine waters within that Region by 2017 at the latest, by establishing and implementing a single Marine Strategy for that Region in accordance with the provisions of this Directive.

Member States shall define appropriate management units in their European marine waters in respect of each Marine Region or Sub-Region. The management units shall, where appropriate, take into account existing management, monitoring and reference units, and shall be identified by co-ordinates in the relevant Marine Strategy.

Member States shall inform the Commission of any defined management unit by the date specified in the first subparagraph of Article 30(1).

Article 6

Marine Strategies

1.  Member States shall achieve good environmental status by establishing and implementing Marine Strategies.

2.  Member States sharing a Marine Region shall ensure that a single, joint Marine Strategy is produced per region or sub-region for the waters falling under their sovereignty or jurisdiction within that region. 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 ...(18), of the current environmental status of the waters concerned and the environmental impact of human activities thereon, in accordance with Article 10;
   ii) a determination, to be established by ...*, of good environmental status for the waters concerned, in accordance with Article 11(1);
   iii) establishment, by ...(19)*, of a series of environmental targets, in accordance with Article 12(1);
   iv) establishment and implementation, by ...** 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 13(1);

(b)  Programmes of measures:

   i) development, by 2012 at the latest, of a programme of measures designed to achieve good environment status, in accordance with Article 16(1), (3) and (5);
   ii) entry into operation of the programme provided for in point (i), by 2014 at the latest, in accordance with Article 16(8).

3.  Where Member States sharing a particular Marine Region or Sub-Region agree on implementing the steps outlined in points (a) and (b) of paragraph 2 more swiftly than indicated, they shall inform the Commission of their revised timetable and proceed accordingly.

Those Member States shall receive appropriate support from the European Union for their greater efforts to improve the environment by making the area a pilot area.

The provisions in points (a) and (b) of paragraph 2 shall not prevent any Member State from maintaining or introducing more stringent protective measures.

4.  Member States shall establish appropriate mechanisms to ensure that the steps outlined in paragraph 2 with respect to Articles 10, 11, 12, 13 and 16 are developed and implemented in compliance with Article 8 and in a manner that delivers a single, joint Marine Strategy per Region and joint reporting on the components specified under these Articles.

For each Marine Region, the Member State or the competent authority shall, within three months, forward the report to the Commission and the Member States concerned.

5.  The Baltic Sea Marine Region could be a pilot area to implement the marine strategy. The forthcoming Baltic Sea Action Plan from the Helsinki Commission (HELCOM) could be a useful resource in using the Baltic Sea for that purpose.

A common programme of measures for the Baltic Sea Marine Region in accordance with Article 16(1)(a) and (b) shall be developed by Member States in the region, by 2010 at the latest, to achieve good environmental status in the Baltic Sea Marine Region.

Article 7

Marine protected areas

1.  In their strategies, Member States shall lay down measures for the protection of areas, by Region and Sub-Region, designated as "marine protected areas".

As part of their strategies per region and sub-region, Member States shall, if necessary, also take measures to establish closed marine nature reserves with the aim of protecting and preserving the most vulnerable marine ecosystems and biodiversity.

2.  A Member State establishing a programme of measures shall include amongst the measures in its programme the use of spatial protection measures, including but not limited to the use of special areas of conservation pursuant to Directive 92/43/EEC, the use of special protection areas pursuant to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(20) (the Birds Directive), and marine protected areas as agreed in Decision VII/5 of the Conference of the Parties to the Convention on Biological Diversity, as well as those stemming from any other international or regional agreements to which the Community is a party.

3.  Member States shall ensure that these areas contribute to a coherent and representative network of marine protected areas by 2012 at the latest. The network shall include areas of sufficient size to be fully protected from all extractive uses, in order to safeguard, inter alia, spawning, nursery and feeding grounds and to enable the integrity, structure and functioning of ecosystems to be maintained or recovered.

4.  Member States shall establish one or more registers for such marine protected areas, which shall be finalised at the latest by ...(21).

5.  The public shall have access to the information contained in the register(s).

6.  The marine protected area register(s) for each Marine Region or Sub-Region shall be reviewed and updated.

Article 8

Cooperation and coordination with third countries

1.  For the purposes of this Directive, Member States with marine waters within the same Marine Region or Sub-Region shall cooperate and co-ordinate their actions.

Where practical and appropriate, Member States shall use existing institutional structures established in that Marine Region or Sub-Region and, as far as possible, the programmes and activities adopted there, to which suitable adjustments shall be made, particularly with a view to bringing them into line with Article 22.

2.  For the purpose of establishing and implementing a Marine Strategy, Member States shall make every effort to coordinate their actions with:

   a) third countries having sovereignty or jurisdiction over maritime zones in the Marine Region in question;
   b) third countries whose flag vessels operate in the Marine Region in question; and
   c) third countries that are land-locked but have on their territories point or diffuse sources of pollution that is transferred to the Marine Region in question by means of rivers or the atmosphere.

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.

In the context of international and regional agreements which the Community has concluded with organisations and third countries which have sovereignty or jurisdiction over

   waters bordering on European marine waters,
   vessels operating in European marine waters, and
   land which may cause pollution of European marine waters,
  

Member States and the Commission shall promote the adoption of measures and programmes for marine strategies in accordance with the provisions of Chapters II and III.

3.  The Commission shall, by 2007, establish a regulatory framework, focussing on environmental criteria, so as to ensure that all relevant stakeholders are being consulted prior to major infrastructure projects in the marine environment.

4.  Support from the European Union, for instance under the Common Agricultural Policy, may be allocated only to stakeholders who can show that their activities exhibit a balance in terms of nutrients, i.e. that they are not beset by large-scale nutrient leakage to water recipients.

Article 9

Competent national authorities

1.  Member States shall, by the date specified in the first subparagraph of Article 30(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 II.

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.

Chapter II

Marine Strategies: Preparation

Article 10

Assessment

1.  For each Marine Region, Member States shall make an initial assessment of their European marine waters, comprising the following:

   a) an analysis of the essential characteristics, functions and current environmental status of those waters, based on the non-exhaustive list of elements set out in Table 1 of Annex III, 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 environmental status of those waters that:
   i) is based on the non-exhaustive list of elements set out in Table 2 of Annex III;
   ii) covers cumulative and synergistic effects, as well as discernible trends; and
   iii) takes into account relevant assessments that have been prepared pursuant to existing European legislation;
   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 as well as relevant provisions of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment(22), Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality(23) and the Directive .../.../EC of the European Parliament and of the Council of ... on environmental quality standards in the field of water policy and amending Directive 2000/60/EC(24), so as to produce a comprehensive assessment of the status of the marine environment.

3.  For each Marine Region, Member States preparing assessments pursuant to paragraph 1 shall, by means of the coordination established pursuant to Article 6(3), make every effort to ensure that:

   a) their assessment methodologies are consistent between Member States in the same Region;
   b) transboundary impacts and transboundary features are taken into account; and
   c) the views of Member States in the same Marine Region are taken into account.

4.  Data and information resulting from the initial assessment shall be made available to the European Environment Agency, as well as to the relevant regional marine and fisheries organisations and conventions, no later than three months after completion of that assessment, for use in pan-European marine assessments, in particular the review of the status of the marine environment in the Community under Article 23(3)(b).

Article 11

Determination of good environmental status

1.  By reference to the initial assessment made pursuant to Article 10(1), Member States shall, in respect of each Marine Region concerned, determine for the European marine waters a set of specific characteristics for good environmental status, on the basis of the generic qualitative descriptors, criteria and standards provided for in Annexes I and III.

They shall take into account, inter alia, the elements listed in Annexes I and III concerning habitat types, biological components, physico-chemical characteristics and hydromorphology.

2.  Member States shall notify to the Commission the assessment made pursuant to Article 10(1) and the determination made pursuant to paragraph 1 of this Article no later than three months after completion of the latter.

Article 12

Establishment of environmental targets

1.  On the basis of the initial assessment made pursuant to Article 10(1), Member States shall, in respect of each Marine Region concerned, establish jointly a single comprehensive set of environmental targets, designed to achieve good environmental status by 2017 at the latest, and associated indicators, taking into account the non-exhaustive list of characteristics set out in Annex IV.

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, and ensure that relevant transboundary impacts and transboundary features are also taken into account.

2.  Member States shall notify the environmental targets to the Commission no later than three months after their establishment.

Article 13

Establishment of monitoring programmes

1.  On the basis of the initial assessment made pursuant to Article 10(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 III and V, and by reference to the environmental targets established pursuant to Article 12.

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, in particular Directives 79/409/EEC and 92/43/EEC, or under international agreements, or upon Community initiatives on spatial information infrastructure and GMES (Global Monitoring for Environment and Security), in particular in the marine services to the extent that such requirements relate to the Member States" European marine waters in the aforementioned Marine Region.

2.  For each Marine Region or Sub-Region the Member States shall draw up a monitoring programme in accordance with paragraph 1 and shall - in the interests of coordination - take the necessary action to ensure that:

   a) monitoring methods are consistent across the Member States and are based on clearly defined common targets;
   b) relevant transboundary impacts and transboundary features are taken into account.

3.  Where appropriate, the Commission shall, in accordance with the procedure referred to in Article 28(2), adopt specifications and standardised methods for monitoring and assessment which take into account existing commitments and ensure comparability between monitoring and assessment results.

4.  Data and information resulting from these monitoring programmes shall be made available to the European Environment Agency, as well as to the relevant regional marine and fisheries organisations and conventions, no later than three months after completion of those programmes, for use in pan-European marine assessments, in particular the review of the status of the marine environment in the Community under Article 23(3)(b).

Article 14

Marine Pollution

Member States shall adopt measures and programmes to improve the detectability and traceability of marine pollution.

Article 15

Approval

On the basis of all the notifications made pursuant to Articles 10(1), 11(2), 12(2) and 13(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.

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 13, 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 16

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 11(1), in all of their European marine waters.

Those measures shall be devised on the basis of the initial assessment made pursuant to Article 10(1) and by reference to the environmental targets established pursuant to Article 12(1), taking into consideration the types of measure listed in Annex VI, relevant transboundary impacts and features, and shall be based on the following environmental principles:

   a) the precautionary principle and the principles that preventive action should be taken, that environmental damage should, as a priority, be rectified at source and that the polluter should pay;
   b) an ecosystem-geared approach.

Member States shall decide on the measures which must be taken pursuant to Article 14 concerning the traceability and detectability of marine pollution.

2.  Member States' programmes of measures shall include spatial protection measures. These measures shall include but not be limited to the use of special areas of conservation pursuant to Directive 92/43/EEC, special protection areas pursuant to Directive 79/409/EEC, and marine protected areas as agreed in Decision VII/5 of the Conference of the Parties to the Convention on Biological Diversity, as well as those stemming from any other international or regional agreements to which the Community is a party.

Member States shall ensure that these areas contribute to a coherent and representative network of marine protected areas by 2012 at the latest. The network shall include areas of sufficient size to be fully protected from all extractive uses, in order to safeguard, inter alia, spawning, nursery and feeding grounds, and to enable the integrity, structure and functioning of ecosystems to be maintained or recovered.

3.  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. In particular, Member States shall give due consideration to the benefits derived from the implementation of Directive 91/271/EEC, Directive 2006/7/EC and Directive .../.../EC [on environmental quality standards in the field of water policy].

4.  The programme of measures shall include:

   a) measures relating to coastal, transitional and territorial waters covered by Directive 2000/60/EC; and
   b) marine protected area protection measures covered by Article 7.

5.  When drawing up the programme of measures pursuant to paragraph 3, 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 create administrative frameworks and platforms that allow for cross-sectored processing of marine affairs in order to combine environmental science and measures with the economic, social and administrative development of the area and benefit from such interaction.

Member States shall ensure that measures are cost-effective and technically feasible and shall carry out impact assessments, including detailed cost-benefit analyses, prior to the introduction of any new measure.

6.  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 12(1).

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

8.  Subject to Article 19, Member States shall ensure that the programmes are made operational within two years of their completion.

9.  By ...(25) the Commission shall, after having consulted all interested parties, adopt in accordance with the procedure referred to in Article 28(2) detailed criteria and standards for the application of good ocean governance principles.

Article 17

Exceptions

1.  Where a Member State which has established a programme of measures pursuant to Article 16(1) identifies an instance in which, because of any of the following reasons, the environmental targets and good environmental status cannot be achieved through measures taken by that Member State, it shall identify that instance clearly in its programme of measures and provide the Commission with the explanations necessary to substantiate its view:

   a) the environmental target is not relevant to that Member State, by virtue of the characteristic owing to which the Member State is not concerned;
   b) the power to adopt the measure or measures in question does not rest exclusively with that Member State, by virtue of Community law;
   c) the power to adopt the measure or measures in question does not rest exclusively with that Member State, by virtue of international law;
   ( d) action or inaction on the part of another Member State, a third country, the European Community or any other international organisation;
   ( e) natural causes or force majeure;
   f) climate change;
   ( g) modifications or alterations to the physical characteristics of marine waters brought about by actions taken for overriding priority reasons of public interest.

2.  Any Member State invoking reason (b), (c), (d), (e) or (f) in paragraph 1 shall include appropriate ad hoc measures, consistent with Community and international law, in its programme of measures in order to minimise the extent to which good environmental status cannot accordingly be achieved in the European marine waters within the Marine Region concerned.

3.  Any Member State invoking reason (g) in paragraph 1 shall ensure that the modifications or alterations do not permanently exclude or compromise the achievement of good environmental status in the European marine waters within the Marine Region concerned.

4.  When a Member State invokes reason (b) in paragraph 1, and the Commission accepts the validity of that reason, the Commission shall promptly take all necessary actions within the limits of its powers to ensure that the environmental target in question is achieved.

Article 18

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 19

Approval

On the basis of the notifications of programmes of measures made pursuant to Article 16(7), 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 11(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.

Chapter IV

Updating, reports and public information

Article 20

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 10(1) and 11(1), respectively;
   b) the environmental targets established pursuant to Article 12(1);
   c) the monitoring programmes established pursuant to Article 13(1);
   d) the programmes of measures established pursuant to Article 16(3).

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 22(4).

4.  Articles 15 and 19 shall apply mutatis mutandis.

Article 21

Interim reports

Member States shall, within three years of the publication of each programme of measures or update thereof in accordance with Article 22(4), submit to the Commission an interim report describing progress in the implementation of that programme.

Article 22

Public consultation and information

1.  In accordance with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment(26), 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 20.

2.  Pursuant to paragraph 1, Member States shall, where possible, involve interested parties using existing management bodies or structures, including Regional Seas Conventions, Scientific Advisory Bodies and Regional Advisory Councils.

3.  Member States shall set up a structure for consultation and regular exchanges of information involving the appropriate local authorities, experts, NGOs and all users concerned in the Marine Region or Sub-Region. That structure must be directly linked to the Regional Advisory Councils which have been advocated by the EU.

4.  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 10(1) and 11(1), respectively;
   b) the environmental targets established pursuant to Article 12(1);
   c) the monitoring programmes established pursuant to Article 13(1);
   d) the programmes of measures established pursuant to Article 16(3).

5.  In accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information(27), 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 23

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 2017 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.  By ...(28) the Commission shall publish a report highlighting any conflicts or complementarities between possible improvements to this Directive and the obligations and commitments mentioned in Article 3.

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

3.  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 coordination with the European Environment Agency and the relevant regional marine and fisheries organisations and conventions;
   c) a survey of the Marine Strategies, together with suggestions for their improvement;
   d) a summary of the assessments made by the Commission, in accordance with Article 19, in relation to information received from the Member States pursuant to Article 18;
   e) a summary of the response to each of the reports to the Commission made by Member States pursuant to Article 21;
   f) a summary of the responses to comments made by the European Parliament and the Council on previous Marine Strategies.

4.  By ...(29), the Commission shall report on the state of the marine environment of Arctic waters of importance for the Community and, where appropriate, propose to the European Parliament and the Council relevant measures for their protection, with a view to establishing the Arctic as a protected area, similar to the Antarctic, and designated as a "natural reserve devoted to peace and science".

Member States that have European marine waters that include waters in the Arctic shall make the findings of the initial assessment in respect of these waters available to the Arctic Council.

Article 24

Progress report on marine protected areas

By ...*, the Commission shall report on progress in the establishment of a global network of marine protected areas and time/area closures for the protection of nursery grounds and periods in line with the commitment under Decision VII/5 of the Convention on Biological Diversity, and the Community's contribution to achieving such a network.

On this basis, the Commission shall propose, as appropriate, in accordance with procedures laid down in the Treaty, any additional Community measures needed to meet the aim of protecting a representative network of marine protected areas by 2012.

Article 25

Review of this Directive

1.  The Commission shall review this Directive by ...(30)* and shall, where appropriate, submit to the European Parliament and the Council any proposals for amendments necessary in order to:

   a) facilitate the achievement of good environmental status in European marine waters if such status has not been achieved by 2017;
   b) facilitate the maintenance of good environmental status in European marine waters if such status has been achieved by 2017.

2.  The Commission shall take into account, inter alia, the first evaluation report prepared pursuant to Article 23(1).

Article 26

Community financing

1.  Given the priority inherently attached to the establishment of a marine strategy, the implementation of this Directive shall be supported by Community financial instruments, as from 2007.

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

Chapter V

Final provisions

Article 27

Technical adaptations

1.  Annexes III, IV and V shall be adapted to scientific and technical progress in accordance with the procedure referred to in Article 28(3), taking into account the periods for the review and updating of Marine Strategies, laid down in Article 20(2).

2.  Where necessary, the Commission may, in accordance with the procedure referred to in Article 28(3), adopt the following:

   a) standards for the application of Annexes III, IV and V;
   b) technical formats for the purposes of transmission and processing of data, including statistical and cartographic data.

Article 28

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.  Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 29

Waters beyond European marine waters

The European Parliament and the Council, or the Council, as appropriate, shall adopt Community measures to improve the environmental status of waters beyond European marine waters where such improvement is possible by means of controls on activities within the competence of the Community or the Member States.

Such measures shall be adopted on the basis of proposals submitted by the Commission by ...(31) in accordance with procedures laid down in the Treaty.

Article 30

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...(32)*. They shall forthwith communicate to the Commission the text of those measures and a correlation table between those measures and this Directive.

When Member States adopt those measures, 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 31

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 32

Addressees

This Directive is addressed to the Member States.

Done at,

For the European Parliament For the Council

The President The President

ANNEX I

Conditions referred to in Articles 4 and 11

   a) using relevant "trend" information, the natural diversity of a Marine Region is maintained (where trends are stable) and restored (where downward trends have been recorded), including ecosystems, habitats and species, paying particular attention to those that are vulnerable to the impacts of human activities due to certain ecological characteristics, e.g. fragile, sensitive, slow growth, low fecundity, long-lived, edge of range, poor gene flow and genetically distinct sub-populations;
   b) populations of all living marine resources have been restored to and are maintained at levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity, exhibiting a population age and size distribution that is indicative of a healthy stock;
   c) the distribution and the abundance of species which are not directly exploited must not be (substantially) affected by human activity;
   d) the adverse impacts of fishing practices on the marine environment have been reduced, including impacts on the seabed and the bycatch of non-target species and juvenile fish;
   e) population levels of species of small "forage" fish, low in the food chain, are sustainable, especially in recognition of their importance to dependent predators, including commercially valuable fish, and to the sustainability of ecosystems and their resource base;
   f) concentrations of ecotoxic substances of anthropic origin (including synthetic substances and chemicals which disrupt hormonal functioning) are near zero and cannot directly or indirectly harm the environment or human health;
   g) concentrations of naturally occurring ecotoxic substances are near to the ecosystem's natural levels;
   h) the impact of organic pollutants and fertilisers from coastal or interior land-based sources, from aquaculture or from effluents from sewers and other outflows is below the levels which could affect the environment, human health or the legitimate use of the sea and the coasts;
   i) eutrophication, caused by, for example, nutrient emissions such as phosphorus and nitrogen, has been minimised to a level where it no longer causes adverse effects, such as losses in biodiversity, ecosystem degradation, harmful algae blooms and oxygen deficiency in the bottom waters;
   j) impacts on marine and coastal ecosystems, including habitats and species, resulting from the exploration or exploitation of the seabed, subsoil or sedentary species have been minimised and do not adversely affect the structural and ecological integrity of benthic and associated ecosystems;
   k) the quantity of litter in marine and coastal environments has been reduced to a level which ensures that it does not pose a threat to marine species and habitats, human health and the safety and economy of coastal communities;
   l) the regulated operational discharges from platforms and pipelines and the use of drilling muds present no significant risk to the marine environment and accidental releases of substances from offshore oil and gas installations have been minimised;
   m) all operational releases and releases from shipping are regulated by and comply with international law, the regional seas conventions or Community legislation, and the risk of accidents has been reduced to a minimum;
   n) the regulated release of oil from platforms and pipelines and the use of harmful drilling muds have been stopped and accidental releases of these substances have been minimised;
   o) harmful operational releases and releases from shipping have been eliminated and the risk of accidents which may result in harmful releases has been reduced to a minimum;
   p) the intentional release of non-native species into the marine and coastal environment is prohibited, accidental releases have been minimised, and ballast water has been eliminated as a possible source of introduction. Use of new or novel (including non-native and genetically modified) species in aquaculture is prohibited without prior impact assessment;
   q) impacts on marine and coastal habitats and species resulting from man-made constructions have been minimised and do not adversely affect the structural and ecological integrity of benthic and associated ecosystems, nor the ability of coastal and marine habitats and species to adapt their range and distribution in the face of climate change;
   r) noise pollution from (for example) shipping and underwater acoustic equipment has been reduced to a minimum with a view to preventing any detrimental effect on marine life, human health or the legitimate use of the sea and the coasts;
   s) the systematic/intentional disposal of any liquid or gas into the water column has been prohibited and the disposal of solid materials into the water column is prohibited unless authorisation is granted subject to international law and a prior environmental impact assessment has been performed in accordance with Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(33) and relevant international conventions;
   t) the systematic/intentional disposal of any liquid or gas into the seabed/subsoil has been prohibited and the disposal of solid materials into the seabed/subsoil is prohibited unless authorisation is granted subject to international law and a prior environmental impact assessment has been performed in accordance with Directive 85/337/EEC and relevant international conventions;
   u) in each region the proportion of marine areas protected from potentially harmful human activities, and also the diversity of the constituent ecosystems present in those areas, are sufficient to make an effective contribution to a regional and global network of protected marine areas.

ANNEX II

Article 9(1)

(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 coordination.

(5)  Regional coordination - a summary is required of the mechanisms established in order to ensure coordination between the Member States whose European marine waters fall within the same Marine Region.

ANNEX III

Articles 10(1), 11(1) and 13(1)

Table 1 – Characteristics

Physical and chemical features.

- bathymetric 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 Community 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;

- 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).

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)

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)

ANNEX IV

Article 12(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.

ANNEX V

Article 13(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 III and with the detailed standards and criteria to be defined on the basis of Annexes I and III.

(2)  Need to ensure the generation of the information enabling the identification of suitable indicators for the environmental targets provided for in Article 12.

(3)  Need to ensure the generation of the information allowing the assessment of the impact of the measures referred to in Article 16.

(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 to 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 10 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 10 the elements listed in Annex III and their natural variability and to evaluate the trends towards the achievement of the environmental targets laid down pursuant to Article 12(1), using, as appropriate the set indicators and their limit or target reference points.

ANNEX VI

Article 16(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 coordination 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.

(1) OJ C 185, 8.8.2006, p. 20.
(2) OJ C 206, 29.8.2006, p. 5.
(3) Position of the European Parliament of 14 November 2006.
(4) OJ L 242, 10.9.2002, p. 1.
(5) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(6) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).
(7) OJ L 179, 23.6.1998, p. 1.
(8) OJ L 309, 13.12.1993, p. 1.
(9) OJ L 73, 16.3.1994, p. 19.
(10) OJ L 104, 3.4.1998, p. 1.
(11) OJ L 118, 8.5.2000, p. 44.
(12) OJ L 240, 19.9.1977, p. 1.
(13) OJ L 322, 14.12.1999, p. 32.
(14) OJ L 67, 12.3.1983, p. 1.
(15) OJ ...
(16) OJ L 358, 31.12.2002, p. 59.
(17) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
(18)* 2 years after the entry into force of this Directive.
(19)** 3 years after the entry into force of this Directive.
(20) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
(21)* 3 years after the entry into force of this Directive.
(22) OJ L 135, 30.5.1991, p. 40. Directive as last amended by Regulation (EC) No 1882/2003.
(23) OJ L 64, 4.3.2006, p. 37.
(24) OJ ...
(25)* 3 years after the entry into force of this Directive.
(26) OJ L 156, 25.6.2003, p. 17.
(27) OJ L 41, 14.2.2003, p. 26.
(28)* 4 years after the entry into force of this Directive.
(29)* 2 years after the entry into force of this Directive.
(30)** 10 years after the entry into force of this Directive.
(31)* 4 years after the entry into force of this Directive.
(32)** 2 years after the entry into force of this Directive.
(33) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC.

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