Preliminary methodology for the assessment of Member States’ reporting on Programme of Measures (Article 16) WG DIKE Sarine Barsoumian (12/10/2015, Brussels) 10/04/2019

- Overview From the Directive… Reporting on MSFD PoMs Concept for assessment Assessment of adequacy Assessment of coherence Lessons learned and foreseen challenges Reporting & data products 10/04/2019

From the Directive… Recital 24. “As a first step in the preparation of programmes of measures, Member States across a marine region or subregion should undertake an analysis of the features or characteristics of, and pressures and impacts on, their marine waters […].” Recital 27. “Member States should then establish and implement programmes of measures which are designed to achieve or maintain good environmental status in the waters concerned, while accommodating existing Community and international requirements and the needs of the marine region or subregion concerned. Those measures should be devised on the basis of 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.” 10/04/2019

From the Directive… Article 13. Programmes of measures “[…] Those measures shall be devised on the basis of the initial assessment made pursuant to Article 8(1) and by reference to the environmental targets established pursuant to Article 10(1), and taking into consideration the types of measures listed in Annex VI.” Annex VI. Programmes of measures Input controls Output controls Spatial and temporal distribution controls Management coordination measures Measures to improve the traceability of marine pollution. Economic incentives Mitigation and remediation tools Communication, stakeholder involvement & raising public awareness. 10/04/2019

Article 16. Notifications and Commission’s assessment From the Directive… Article 16. Notifications and Commission’s assessment “[…] the Commission shall assess whether, in the case of each Member State, the programmes notified constitute an appropriate framework to meet the requirements of this Directive, and may ask the Member State concerned to provide any additional information that is available and necessary. In drawing up those assessments, the Commission shall consider the coherence of programmes of measures within the different marine regions or subregions and across the Community. Within six months of receiving all those notifications, the Commission informs Member States concerned whether, in its opinion, the programmes of measures notified are consistent with this Directive and provides guidance on any modifications it considers necessary.” 10/04/2019

Reporting on MSFD PoMs Synergies with WFD reporting: Use 2016 WFD reporting for land-based measures relevant to MSFD but already being reported under WFD; Use WFD approach to organise measures by Key Types of Measures (KTMs) categories; Use WFD approach to report on new ‘MSFD measures’, by using an adapted WFD template for describing each measure. Reporting requirements for MSFD focused on: New ‘MSFD measures’, i.e. reporting on issues that are specific to the MSFD e.g. marine invasive species, underwater noise, etc. Reporting on additional existing measures under other policies; Grouping these according to a set of MSFD KTMs. To recall the synergies with the WFD: Text from PoM recommendations 10/04/2019

Expected products From PoM reporting 10/04/2019

Concept for assessment Headline assessment questions: Does the programme of measures (PoM) as a whole constitute an appropriate programme to meet the requirements of the MSFD (GES and targets)? If not and gaps have been identified, are these gaps justified by exceptions? More detailed questions on the adequacy, consistency and coherence of the measures reported 10/04/2019

Assessment adequacy and consistency - Has the MS assessed to which extent the existing measures are sufficient to achieve GES and environmental targets (gap analysis)? Looking at coverage: Are all targets reported under Article 10 covered by existing measures? Are pressures reported by Member States under Article 8 covered by existing measures? If not, has the MS identified new measures to bridge gap ? Looking at adequacy: Are the KTMs of the PoMs (existing and new) sufficient to reach all targets reported under Article 10? Are the KTMs of PoM (existing and new) sufficient to address the pressures reported under Article 8? Possible use of reference / check list? Have the new measures been assessed for technical feasibility and sustainability (CBA)? 10/04/2019

Assessment adequacy and consistency - Coordination with neighbouring countries and transboundary impacts: Key outcomes of (sub)regional coordination in development of PoMs Assessment of impacts of MS PoMs on neighbouring waters Identification of gaps in PoMs reported by MS and plans to fill them If use of exception: Article 14(1): Assessment of justification + ad-hoc measures (sufficient, suitable, effective) if included in the PoM reporting + other conditions Article 14(4): Assessment of justification - was there coordination? did it lead to joint measure Methodology for assessment of exceptions still need to be developed 10/04/2019

Assessment of coherence (regional level) - Are the PoMs coherent and comparable across the region? Is the use of regional/joint measures reported upon? Do the PoMs address negative transboundary impacts at regional level? Do spatial protection measures contribute to a coherent and representative network of marine protected areas? Pending question: will the MS report new MPA measures since 2013? 10/04/2019

Lessons learned and foreseen challenges Lessons learned from Article 11 reporting: Most MS have used reporting sheets which has helped with the comparative analysis Many MS have used fact sheets which have helped to streamline and focus the information Challenges with the modifications of GES and targets during Article 11 process, lack of clarity in the reporting (use of EIONET for updates) Foreseen challenges: Timing uncertainties: synergies with WFD reporting means that there can be delays in the MSFD reporting if MS report late on WFD Short timeline for assessment in comparison to WFD assessment timeline 10/04/2019

Art.16 reporting and data products - Reports Country reports Regional reports By marine region By marine sub region At EU level Design Graphs and visualizations Textual assessment remains an important component (but will keep it concise) 10/04/2019

Thank you! Questions? Contact sarine.barsoumian@milieu.be 10/04/2019