Draft examples of possible GES Decision criteria Descriptor 9 14th meeting of WG GES, 05-06 October 2015, Brussels Draft examples of possible GES Decision criteria Descriptor 9 European Commission DG Environment Marine Environment and Water Industry Unit

General principles for new proposal Combine criteria/indicators Possibility of primary and secondary criteria Use available EU standards If not available, MS may use an international or national standard If international or national standard not available MS should develop detail within their sub(region) => RSCs EU lists (e.g. hazardous substances) => need selection/deselection (justify why not following) Add detail (e.g. on methodological standards) to provide clarity

Descriptor 9 Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards Key points: Follow EU Decision 1881/2006 MSFD added value: Identify substances and areas that are problematic Make links to D8 and hence to measures, where needed (Sub)regional consistency

Elements for assessment Follow existing regulation: Contaminants as listed in Commission Decision 1881/2006 (sub)regional consistency in: Contaminants of Regulation used Contaminants of Regulation not used (justify) Additional contaminants (if needed) Species tested Tissues tested

Matrix Add detail to cover species that might become popular in coming years (i.e. jelly fish) Criteria Combine criteria/indicators

Com Dec 2010/477/EU Proposal Elements for assessment Substances for which maximum levels are established at European, regional, or national level for products destined to human consumption Contaminants as listed in Commission Decision 1881/2006. Matrix Edible tissues (muscle, liver, roe, flesh, soft parts as appropriate) of fish, crustaceans, molluscs and echinoderms, as well as seaweed, caught or harvested in the wild Edible tissues (muscle, liver, roe, flesh, soft parts as appropriate) of seafood, including fish, crustaceans, molluscs, echinoderms, seaweed and other marine plants, caught or harvested in the wild

Com Dec 2010/477/EU Proposal Criteria 9.1.   Levels, number and frequency of contaminants The criterion to assess whether GES is achieved for Descriptor 9 shall be that the elements [level of contaminants in edible tissues (muscle, liver, roe, flesh, soft parts as appropriate)] of the matrix [seafood, including fish, crustaceans, molluscs, echinoderms, seaweed and other marine plants, caught or harvested in the wild], does not exceed the maximum levels laid down in Commission Regulation (EC) No 1881/2006 Indicators Actual levels of contaminants that have been detected and number of contaminants which have exceeded maximum regulatory levels (9.1.1) Frequency of regulatory levels being exceeded (9.1.2).

Aggregation rules & Assessment scale Reference levels Prioritise Specify regulation with maximum levels Aggregation rules & Assessment scale Provide guidance

Com Dec 2010/477/EU Proposal Reference levels Maximum levels established at European, regional, or national level for products destined to human consumption Maximum levels of contaminants laid down in Regulation (EC) No 1881/2006. Where Regulation (EC) No 1881/2006 does not set a maximum level for a certain contaminant, Member States may use an international or national standard Aggregation rules na The result for a given marine region or sub-region shall be presented as a percentage meeting GES using the share of the assessment area as a basis Assessment scale Link to D8 scales or fish stock areas

Specifications and standardised methods for monitoring and assessment Spatial and temporal frequency Data requirements Sampling methods, laboratory methods Traceability of samples

Com Dec 2010/477/EU Proposal Specifications and standardised methods na The list of species and relevant tissues to be monitored by Member States shall be established at regional or sub-regional level These species shall be relevant and representative of the environmental status of the marine region or sub-region in question, fall under the scope of Regulation (EC) No 1881/2006, and be suitable for the contaminant being assessed Exceedance of the standard set for a contaminant shall lead to subsequent monitoring to determine the persistence of the contamination in the area and species sampled

Com Dec 2010/477/EU Proposal Specifications and standardised methods na For the purpose of relating contamination in seafood to the achievement of Good Environmental Status for Descriptor 8, Member States shall monitor and report: the location in the marine (sub-)region from which the samples are taken, the species and tissue tested, the level of contaminants and whether this has exceeded the maximum level of contaminants Regulation (EC) No 1881/2006.

Specifications and standardised methods na Com Dec 2010/477/EU Proposal Specifications and standardised methods na For the purposes of this Decision, the sampling for the control of the maximum levels of contaminants shall be performed, in accordance with foodstuff regulations* Within each region or sub-region, Member States shall ensure that the temporal and geographical scope of sampling is adequate to provide a representative sample of the specified contaminants in seafood in the marine region or sub-region *Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules Commission Regulation (EU) No 589/2014 of 2 June 2014 laying down methods of sampling and analysis for the control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs

Added value Trace contaminants to a marine area (link to D8) via location of catch or production area (consumer information)