Directive 2008/56/EC of the European Parliament and of the CouncilShow full title

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (Text with EEA relevance)

ANNEX IU.K.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.U.K.

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

(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.U.K.

(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.U.K.

(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.U.K.

(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.U.K.

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

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

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

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

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

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 IIU.K.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.U.K.

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

(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.U.K.

(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.U.K.

(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.U.K.

[F1ANNEX III U.K. Indicative lists of ecosystem elements, anthropogenic pressures and human activities relevant to the marine waters (referred to in Articles 8(1), 9(1), 9(3), 10(1), 11(1) and 24)

Table 1

Structure, functions and processes of marine ecosystems

with particular relevance for point (a) of Article 8(1), and Articles 9 and 11

Theme Ecosystem elements Possible parameters and characteristics (Note 1) Relevant qualitative descriptors laid down in Annex I (Notes 2 and 3)
Species Species groups (Note 4) of marine birds, mammals, reptiles, fish and cephalopods of the marine region or subregion

Spatial and temporal variation per species or population:

  • distribution, abundance and/or biomass

  • size, age and sex structure

  • fecundity, survival and mortality/injury rates

  • behaviour including movement and migration

  • habitat for the species (extent, suitability)

Species composition of the group

(1); (3)
Habitats Broad habitat types of the water column (pelagic) and seabed (benthic) (Note 5), or other habitat types, including their associated biological communities throughout the marine region or subregion

Per habitat type:

  • habitat distribution and extent (and volume, if appropriate)

  • species composition, abundance and/or biomass (spatial and temporal variation)

  • size and age structure of species (if appropriate)

  • physical, hydrological and chemical characteristics

Additionally for pelagic habitats:

  • chlorophyll a concentration

  • plankton bloom frequencies and spatial extent

(1); (6)
Ecosystems, including food webs

Ecosystem structure, functions and processes, comprising:

  • physical and hydrological characteristics

  • chemical characteristics

  • biological characteristics

  • functions and processes

Spatial and temporal variation in:

  • temperature and ice

  • hydrology (wave and current regimes; upwelling, mixing, residence time, freshwater input; sea level)

  • bathymetry

  • turbidity (silt/sediment loads), transparency, sound

  • seabed substrate and morphology

  • salinity, nutrients (N, P), organic carbon, dissolved gases (pCO 2 , O 2 ) and pH

  • links between habitats and species of marine birds, mammals, reptiles, fish and cephalopods

  • pelagic-benthic community structure

  • productivity

(1); (4)

Notes related to Table 1 U.K.

Note 1: An indicative list of relevant parameters and characteristics for species, habitats and ecosystems is given, reflecting parameters affected by the pressures of Table 2 of this Annex and of relevance to criteria laid down in accordance with Article 9(3). The particular parameters and characteristics to be used for monitoring and assessment should be determined in accordance with the requirements of this Directive, including those of its Articles 8 to 11. U.K.

Note 2: The numbers in this column refer to the respective numbered points in Annex I. U.K.

Note 3: Only the state-based qualitative descriptors (1), (3), (4) and (6) which have criteria laid down in accordance with Article 9(3) are listed in Table 1. All other, pressure-based, qualitative descriptors under Annex I may be relevant for each theme. U.K.

Note 4: These species groups are further specified in Part II of the Annex to Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU (see page 43 of this Official Journal). U.K.

Note 5: These broad habitat types are further specified in Part II of the Annex to Decision (EU) 2017/848. U.K.

Table 2

Anthropogenic pressures, uses and human activities in or affecting the marine environment

2a. Anthropogenic pressures on the marine environment with particular relevance for points (a) and (b) of Article 8(1), and Articles 9, 10 and 11
Theme Pressure (Note 1) Possible parameters Relevant qualitative descriptors laid down in Annex I (Notes 2 and 3)
Biological Input or spread of non-indigenous species

Intensity of, and spatial and temporal variation in, the pressure in the marine environment and, where relevant, at source

For assessment of environmental impacts of the pressure, select relevant ecosystem elements and parameters from Table 1

(2)
Input of microbial pathogens
Input of genetically modified species and translocation of native species
Loss of, or change to, natural biological communities due to cultivation of animal or plant species
Disturbance of species (e.g. where they breed, rest and feed) due to human presence
Extraction of, or mortality/injury to, wild species (by commercial and recreational fishing and other activities) (3)
Physical Physical disturbance to seabed (temporary or reversible) (6); (7)
Physical loss (due to permanent change of seabed substrate or morphology and to extraction of seabed substrate)
Changes to hydrological conditions
Substances, litter and energy Input of nutrients — diffuse sources, point sources, atmospheric deposition (5)
Input of organic matter — diffuse sources and point sources
Input of other substances (e.g. synthetic substances, non-synthetic substances, radionuclides) — diffuse sources, point sources, atmospheric deposition, acute events (8); (9)
Input of litter (solid waste matter, including micro-sized litter) (10)
Input of anthropogenic sound (impulsive, continuous) (11)
Input of other forms of energy (including electromagnetic fields, light and heat)
Input of water — point sources (e.g. brine)
2b. Uses and human activities in or affecting the marine environment with particular relevance for points (b) and (c) of Article 8(1) (only activities marked * are relevant for point (c) of Article 8(1)), and Articles 10 and 13
Theme Activity
Physical restructuring of rivers, coastline or seabed (water management) Land claim
Canalisation and other watercourse modifications
Coastal defence and flood protection*
Offshore structures (other than for oil/gas/renewables)*
Restructuring of seabed morphology, including dredging and depositing of materials*
Extraction of non-living resources Extraction of minerals (rock, metal ores, gravel, sand, shell)*
Extraction of oil and gas, including infrastructure*
Extraction of salt*
Extraction of water*
Production of energy Renewable energy generation (wind, wave and tidal power), including infrastructure*
Non-renewable energy generation
Transmission of electricity and communications (cables)*
Extraction of living resources Fish and shellfish harvesting (professional, recreational)*
Fish and shellfish processing*
Marine plant harvesting*
Hunting and collecting for other purposes*
Cultivation of living resources Aquaculture — marine, including infrastructure*
Aquaculture — freshwater
Agriculture
Forestry
Transport Transport infrastructure*
Transport — shipping*
Transport — air
Transport — land
Urban and industrial uses Urban uses
Industrial uses
Waste treatment and disposal*
Tourism and leisure Tourism and leisure infrastructure*
Tourism and leisure activities*
Security/defence Military operations (subject to Article 2(2))
Education and research Research, survey and educational activities*

Notes related to Table 2 U.K.

Note 1: Assessments of pressures should address their levels in the marine environment and, if appropriate, the rates of input (from land-based or atmospheric sources) to the marine environment. U.K.

Note 2: The numbers in this column refer to the respective numbered points in Annex I. U.K.

Note 3: Only pressure-based qualitative descriptors (2), (3), (5), (6), (7), (8), (9), (10) and (11), which have criteria laid down in accordance with Article 9(3), are listed in Table 2a. All other, state-based, qualitative descriptors under Annex I may be relevant for each theme.] U.K.

ANNEX IVU.K.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.U.K.

(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.U.K.

(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.U.K.

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

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

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

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

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

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

(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.U.K.

(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.U.K.

(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.U.K.

ANNEX VU.K.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).U.K.

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

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

(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.U.K.

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

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

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

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

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

(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.U.K.

(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.U.K.

(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.U.K.

ANNEX VIU.K.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.U.K.

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

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

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

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

(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.U.K.

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

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