D8 and D9 REVIEW PROCESS April-June 2014: February 2015: PHASE I: COMPILATION OF INFORMATION PHASE II: CONCLUSIONS/ RECOMMENDATIONS April-June 2014: Manual prepared by Milieu. Filled by DG ENV and EC JRC. 2-4 July 2014: 1st meeting MSFD Expert Network Contaminants July-October 2014: Amended with comments from MSFD Expert Network on Contaminants. October 2014: Presented at 12th MSFD CIS WG GES meeting. February 2015: Questionnaires sent to experts. Answers received and analyzed. 23-24 February 2015: 2nd meeting MSFD Expert Network on Contaminants. March 2015: 30 March 2015: Delivery of final reports.

D8 Basic structure to be retained, with some modifications: Structure of the descriptor Basic structure to be retained, with some modifications: Concentration of Contaminants (8.1) Concentration of Contaminants and their trends (8.1.1) Status/Pressure Acute Pollution event occurrence (8.1.2) Effects of Contaminants (8.2) Biological effects (8.2.1) Impact Acute Pollution event impact (8.2.2)

D8 Concentration of Contaminants (8.1) EU-wide minimum list of elements and/or parameters D8 Concentration of Contaminants (8.1) Concentration of Contaminants and their trends (8.1.1) WFD Priority Substances including amendments (excluding substances not relevant for the marine environment). Marine Region Specific Contaminants (selected through RSCs mechanism). RBSP = River Basin Specific Pollutants PS = WFD Priority Substances MRSC = Marine Region Specific Contaminants RBSP 12 nm 1 nm PS (- not relevant) PS MRSC WFD area MSFD area Acute Pollution events (8.1.2) Number and extent of petroleum/oil related (hydrocarbons) and analogous oil compounds (paraffin, vegetable oils) slicks.

D8 Effects of contaminants (8.2) Biological effects (8.2.1) EU-wide minimum list of elements and/or parameters D8 Effects of contaminants (8.2) Biological effects (8.2.1) Methods may currently be regionally different but shall be selected at regional level. Acute Pollution events (8.2.2) Member States shall assess the significance of the impact of acute pollution events.

D8 GES threshold values Specifications on methods for monitoring GES threshold values are the WFD EQS. In absence of EQS, MS may apply others (e.g. national standards, RSC assessment criteria), provided they offer the same level of protection as the WFD EQS. Specifications on methods for monitoring MS should select the appropriate matrix (biota, water, sediments) for GES assessment. MSFD should align with WFD developments, with deep/open sea eventually requiring a dedicated approach.

D8 Issue Way forward Timeline Outstanding issues and way forward Exclusion process of WFD PS from MSFD assessments. Common guidance needed. Started/Finalized 2015. Selection of marine region specific contaminants. Common approach needed. Joint list of RSC contaminant lists. Started 2015. WFD EQSs for the marine environment. Exchange of information between MSFD Expert network on Contaminants/ WFD Chemicals Groups/ RSCs. Continuous (Not directly related to the review process). Trend assessment and monitoring under MSFD. Guidance needed. Until 2018. Biological effects methods for WFD/MSFD. Guidance needed. Communication with WFD chemicals group. Occurrence of acute pollution events. Common understanding needed. Consultation with EMSA. Assessment of impacts of acute pollution events. Discussions within MSFD Expert Network on Contaminants.

D8 Issue Way forward Timeline Outstanding issues and way forward Significance of minor spills. Common understanding needed. Not directly related to the review process. Aggregation rules (coastal/ territorial, continental shelf, open seas). Common guidance needed. Started/Finalized 2015. Existing sampling guidelines for MSFD purposes. Verification of applicability of CIS Supplementary Guidance (No 32) on biota monitoring. Finalized 2015. Coverage and monitoring of open/deep-sea areas. Common understanding and guidance needed. Started 2015. Technical questions regarding the QA/QC Directive. Common understanding needed. Communication with WFD chemicals group. Continuous (Not directly related to the review process). Proficiency testing schemes. Verification of availability for MSFD. Until 2018.

D9 Structure of the descriptor Descriptor 9 is proposed to be retained, although substantial changes in the overall structure are proposed: Concentration of Contaminants in fish and other seafood for human consumption (9.1) Number of Contaminants which have exceeded maximum regulatory levels (9.1.1) Aligning with D8 would denote that substances are evaluated on individual basis. This part of the indicator 9.1.1 to be removed. Frequency of regulatory levels being exceeded (9.1.2) The threshold related to this Criterion would be, as for D8, determined as GES. Indicator 9.1.2 to be removed.

D9 EU-wide minimum list of elements and/or parameters for assessing GES Contaminants (9.1) Substances in EU Regulation 1881/2006 as amended. Additionally, MS should add country (region)-specific substances for which available assessments have shown indications of risk, whenever possible. GES threshold values: Limit values as set in Regulation 1881/2006 and amendments. Only limit values for unprocessed seafood are to be considered. Traceability of the samples: Essential in order to know where at sea the detected pollution occurs.

D9 Issue Way forward Timeline Outstanding issues and way forward D9 implementation set-up in Member States. Preparation of a summary document and eventually need for guidance on “best practice”. Started/Finalized 2015. Need of information/data exchange between Environmental and Food Safety Authorities. To evidence and communicate to MSCG + MD. Traceability of samples taken by Food Authorities. Guidance needed on traceability of seafood, supporting harmonized approaches. Identify who best can prepare it (related to fisheries). Until 2018. Level of compliance of concentration of contaminants/aggregation rules. Further discussions within the MSFD Expert Network on Contaminants.