Marine Environment and Water Industry MSFD Annex III review European Commission DG Environment Unit C.2 Marine Environment and Water Industry WG GES 20-21 October 2014, Brussels

Mandate for review of MSFD Annex III 1. Define role of Annex III: Elements for assessment (Art. 8) with regard to GES (Art 9); Elements for monitoring (Art 11) - supportive for the purpose of assessment (e.g. temperature, salinity); Define whether the elements are of indicative nature (as relevant to MS waters) and whether generic or specific (e.g. 'hazardous substances' or 'specified list of Priority substances'). 2. Content of Tables 1 and 2 Distinguish better between State and Pressure lists (e.g. chemicals, NIS from Table 1 as pressures); Define the need for current 'additional' texts, the need for some elements (e.g. features and characteristics) and possible need for new elements; Define relationship to art 8, 9, and 10. Explore the possibility to introduce new standards, criteria and indicators for cumulative effects. 3. Consider the need for a Table of human activities, to provide a framework for the collection of information and/or monitoring with respect to Art. 8.1c and Art. 11.

Specific references to MSFD Annex III Article 8 – initial assessment analysis of the essential features and characteristics, and current environmental status of those waters, based on the indicative lists of elements in Table 1 analysis of the predominant pressures and impacts, including human activity, based on the indicative lists of elements in Table 2 Article 9 – determination of GES take into account the indicative lists of elements set out in Table 1 take into account the pressures or impacts of human activities in each marine region or subregion, having regard to the indicative lists set out in Table 2 Article 10 – environmental targets taking into account the indicative lists of pressures and impacts set out in Table 2 Article 11 – monitoring programmes on the basis of the indicative lists of elements set out in Annex III Annex V.1 - in accordance with Annex III Annex V.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

Nature of Annex III Table 1 Provides an indicative list of physical, chemical and biological (species, habitats) 'state' elements Some additional 'pressure' elements (chemicals, NIS, pCO2-acidification) Criteria for selection of specific elements (e.g. 'recognised under Community legislation', subject to intense pressures') Adds details on how to treat some elements (description, mapping, annual/seasonal variability)

Nature of Annex III Table 2 Provides an indicative list of 'pressure' elements (coarse/fine typology) Most have selected examples of relevant human activities 'impacts' are mentioned once (‘impact on the seabed of commercial fishing, boating, anchoring’), but few types of impact are given

Conclusions on analysis of Annex III Annex III provides lists of ‘elements’: features, pressures, impacts and human activities Elements are to be used for: Initial assessment (Art. 8), determining GES (Art. 9), setting of targets (Art. 10), monitoring programmes (Art. 11). Elements are ‘indicative’ Not all relevant to every (sub)region or MS Could be additional elements Any revision of Annex III needs to: Clearly relate Annex III to Annex I, Art. 8 and a revised GES Decision Improve/clarify its content (Table 1-2; links to uses)

GES by 2020: “the environmental status of marine waters where … ” MSFD provision Role/contents Applied example Art. 3 (5) GES definition Goal GES by 2020: “the environmental status of marine waters where … ” Annex I GES descriptor Quality objective D1: “Biological diversity is maintained. The quality and occurrence of …” Annex III GES elements Assessment elements Birds, mammals, reptiles, fish, seabed habitats, pelagic habitats Art. 9(3) GES criteria and methodological standards EU-wide minimum requirements: Criteria: Assessment elements Assessment parameters/units Reference levels (baseline and GES boundary values) Methodological standards: Assessment tools and procedures Assessment scale (generic) OR Normative/qualitative definition of “good” environmental status Example: Mammals List of mammal functional groups (e.g. seals, small cetaceans) Distribution, population size, health condition Reference condition and acceptable deviation values (cf FCS target levels of Habitats Directive) FCS aggregation procedures/methods Cetaceans at subregional scale; seals at subdivision scale (nested approach) Art. 9(1) Determination of GES Sub(regional) requirements by MS: Further specify criteria and methodological standards (e.g. RSC region/subregion-specific assessment elements, common indicators and assessment tools) Additional characteristics for region/subregion Example: North-East Atlantic Harbour seal, grey seal OSPAR common indicators: M-1 Distribution of seals M-3 Abundance of seals M-5 Seal pup production c. OSPAR-defined subdivisions of subregions (nested approach) Art. 11(4) – Specifications and standardised methods for monitoring and assessment: e.g. EU-wide minimum requirements for spatial and temporal resolution of monitoring, monitoring methods (sampling, analysis, QA/QC), scaling, aggregation rules

Articulating roles and relationships Proposed role for Annex III: Elements for assessment (Art. 8) with regard to GES (Art 9) Elements for monitoring (Art 11) – complimentary/additional to assessment elements (e.g. temperature, salinity) Elements for consideration when setting targets (Art. 10) Relevance will vary by region/MS (i.e. elements need to be present in MS waters) Links to Art. 9(3) Decision EU-wide specification of criteria and methodological standards: Assessment elements (based on Annex III) Assessment parameters (e.g. for impacts) Links to Art. 9(1) Determination of GES (Sub)regional specification by MS of: Assessment elements (characteristics) Assessment methods (e.g. RSC indicators)

Indicative list of pressures Reviewed: MSFD Annex III Table 2 WFD – 2014 reporting guidance HD – 2011 reference list OSPAR – 2014 JAMP Definition (modified from CU document): Anthropogenic pressure = an input, alteration or extraction of physical, chemical or biological elements, properties or functions of the natural environment which results directly from human activities Outcome: Proposal for modified MSFD list Similar to MSFD, OSPAR and HELCOM lists Longer than WFD, much simpler than HD

Pressure typology - 1 Pressures MSFD Annex III Table 2 Pressure Impacts Activities Physical Alteration of sea-floor/water body morphology Physical loss - smothering, Physical loss - sealing Significant changes in salinity regime Man-made structures Permanent constructions Change of sea-floor substrate Physical [habitat] loss Man-made structures Permanent constructions Disposal of dredge spoil Disturbance/damage to sea-floor Physical damage - abrasion Changes in siltation (e.g. by outfalls, increased run-off) Commercial fishing, boating, anchoring Extraction of sea-floor and subsoil minerals (e.g. sand, gravel, rock, oil, gas) Physical damage - selective extraction   Dredging Exploration and exploitation of living and non-living resources on seabed and subsoil

Pressure typology - 2 Pressures MSFD Annex III Table 2 Pressure Impacts Activities Hydrological Water discharges (with/without contaminants) Interference with hydrological processes   Water movement changes Changes in siltation (e.g. by outfalls, increased run-off) Constructions impeding water movements Water extraction Significant changes in salinity regime Water abstraction Energy Input of sound Other physical disturbance - underwater noise shipping, underwater acoustic equipment Input of electromagnetic & seismic waves Input of heat Significant changes in thermal regime outfalls from power stations Input of light

Chemicals and other pollutants Pressure typology - 3 Pressures MSFD Annex III Table 2 Pressure Impacts Activities Chemicals and other pollutants Nutrient enrichment (N, P, organic matter) — Inputs of fertilisers and other nitrogen — and phosphorus-rich substances — inputs of organic matter   e.g. from point and diffuse sources, including agriculture, aquaculture, atmospheric deposition, e.g. sewers, mariculture, riverine inputs Input of contaminants (synthetic substances, non-synthetic substances, radionuclides) - diffuse sources, point sources, acute events — Introduction of synthetic compounds (e.g. priority substances under Directive 2000/60/EC which are relevant for the marine environment such as pesticides, antifoulants, pharmaceuticals, resulting, for example, from losses from diffuse sources, pollution by ships, atmospheric deposition and biologically active substances), — introduction of non-synthetic substances and compounds (e.g. heavy metals, hydrocarbons, resulting, for example, from ..[..] atmospheric deposition, riverine inputs), — introduction of radio-nuclides. Systematic and/or intentional release of substances— Introduction of other substances, whether solid, liquid or gas, in marine waters, resulting from their systematic and/or intentional release into the marine environment, as permitted …. ships ships and oil, gas and mineral exploration and exploitation Input of CO2 and other greenhouse gases  From Table 1 Input of litter (solid waste matter) — marine litter

Pressure typology - 4 Pressures MSFD Annex III Table 2 Pressure Impacts Activities Biological Removal of species (targeted, non-targeted) — selective extraction of species incidental non-target catches of species Commercial and recreational fishing Injury/death to species   Disturbance of species Translocation of (native) species translocations Introduction of genetically modified species  From Table 1 Introduction or spread of non-indigenous species — introduction of non-indigenous species Introduction of microbial pathogens — introduction of microbial pathogens Cultivation/ artificialisation of natural habitat

Table 2 - Pressures Issues: If full list is used, need to reflect its use in guidance: e.g. Specified in Descriptor – must assess Significant pressure – recommend assessment Minor pressure – assess if necessary ‘Input of contaminants’ is very general – consider sub-categories: Metals, pesticides, PAHs, organics, hydrocarbons, etc Very few 'impacts' are given Is it helpful to add an indicative list e.g. change in substrate, chemical characteristics, habitat of species, community composition, species behaviour, etc, etc.? Equate to the ‘characteristics’ of elements in Table 1 Retain example activities?

Table 1: Characteristics Proposed content: Generic set of elements (ecosystem components) to be assessed and/or monitored These can be further specified under Art. 9(3) Decision and Art. 9(1) Indicative set of characteristics/ features/ properties of these elements Linked to impacts of Table 2 Move some topics to Table 2: pCO2, marine acidification NIS Chemicals Remove topics that add little value: ‘habitats in areas which …. merit a particular reference’ ‘features or characteristics typical of region’

Table 1: outline of elements Annex III 9(3) Decision 9(1) regional GES Main component Component Specific elements Highly mobile species Birds, mammals, reptiles, fish, cephalopods Listed species of HBD & international agreements Specific functional groups or species types (commercial, top predators, listed) relating to descriptor needs Specified species, groups of species or habitat types for region/ subregion Water column Predominant habitat types Listed habitats of Habitats Directive and international agreements Specific habitat types (predominant, listed) relating to descriptor needs Seabed Ecosystem Types of structure and functions Specific attributes

Typology of uses and activities Reviewed: MSFD Annex III Table 2, 2012 reporting list WFD – 2014 reporting guidance HD – 2011 reference list OSPAR – 2014 JAMP ODEMM (FP7 project, Kosse et al. 2011) Outcome: Proposal for modified MSFD list Accommodates all reviewed lists into a common typology

Uses and activities typology - 1 Theme Activity Sub-activity MSFD Art.8 reporting list (EC, 2012) Landscape restructuring Land claim (permanent changes)   Land claim, coastal defence Canalisation and other watercourse modifications Canalisation Culverting Causeways Coastal defence and flood protection Sea walls Breakwaters Groynes Flood protection Landscaping (semi-permanent changes) Dredging (for navigation purposes) Dredging Beach replenishment/ nourishment

Uses and activities typology - 2 Theme Activity Sub-activity MSFD Art.8 reporting list (EC, 2012) Man-made structures (incl. construction phase) Urban developments   Urban (municipal waste water discharge) Urban discharges and waste disposal Industrial developments  Industry discharges & waste disposal Industry (discharges, emissions) Transport infrastructure Tourism/leisure infrastructure Land-based structures Sea-based structures (piers, harbours, marinas, slipways) Ports and other coastal constructions Ports Port operations Offshore marine infrastructure (including associated with mineral and energy extraction) Placement & operation of offshore structures (other than for energy production) Cables & pipelines Submarine cable & pipeline operations

Uses and activities typology - 3 Theme Activity Sub-activity MSFD Art.8 reporting list (EC, 2012)  Extraction of non-living resources Extraction of oil and gas   Marine hydrocarbon extraction (oil & gas) Extraction of sand and gravel Marine mining - sand, gravel, rock) Extraction of rock & minerals Marine mining (sand, gravel, rock) Extraction of salt Desalination/water abstraction Extraction of water Extraction of energy Renewable energy generation (wind, wave & tidal power) Wind energy production Marine-based renewable energy generation (wind, wave & tidal power)  Tidal energy production Wave energy production Non-renewable energy generation Fossil fuel energy production Nuclear energy production

Uses and activities typology - 4 Theme Activity Sub-activity MSFD Art.8 reporting list (EC, 2012) Extraction of living resources  Fish & shellfish harvesting (professional, recreational)  Potting/ creeling Fisheries incl. recreational fishing (fish & shellfish) Netting Demersal long lining Pelagic long lining Benthic trawling Pelagic trawling Demersal seining Purse seining Benthic dredging Suction/ hydraulic dredging Leisure fishing Hand collecting (shellfish) Marine plant harvesting Machine collection (fucoids, kelp) Seaweed and other sea-based food harvesting  Dredging (maerl) Extraction of genetic resources/ bioprospecting/ maerl  Hand collecting (seaweed)   Hunting and collecting for non-food purposes  Hunting Harvesting/ collecting eggs Collecting (curios) Bait digging

Uses and activities typology - 5 Theme Activity Sub-activity MSFD Art.8 reporting list (EC, 2012) Cultivation of living resources Aquaculture Fin-fish mariculture Aquaculture (fin-fish & shellfish) Seaweed culture Shellfish mariculture Agriculture   Agriculture & forestry (run-off, emissions) Forestry Uses of environment and infrastructure Transport - shipping Shipping Transport - air Tourism and recreation Boating, yachting Tourism & recreation incl. yachting Beach use Water sports (surface) Scuba diving Wildlife watching Research and survey Marine research, survey & educational activities Military use Defence operations Military - waste disposal (munitions) Dumping of munitions Waste disposal Solid waste disposal, incl. dredge material Solid waste disposal incl. dredge material Carbon sequestration Storage of gases

Summary Revised Annex III tables should: Clearly link with Annex I descriptors, Art. 9(3) Decision and Art. 9(1) determination of GES – provide a suitable resolution of types Use typologies (species groups/functional groups/predominant habitats/pressures/uses and activities) which are correlated with other relevant Directives/policies Be internally consistent – e.g. state (table 1) – impacts – pressures (table 2) – uses/activities (table 3).