Developing a common understanding of Articles 8, 9 & 10 MSFD by WG GES co-lead Germany, drafting group (FI, FR, GR, RO, SE and UK) & the European Commission MSCG 5th meeting 14 November 2011

Developing a common understanding The process Mandate: WG GES October 2010 Initiators: WG GES co-lead Germany, drafting group (FI, FR, GR, RO, SE and UK), European Commission Initial drafts: two WG GES workshops with commenting rounds Consolidated draft: WG GES on 27 September with comment round (deadline 12 October) Finalised draft: MSCG on 14 November for endorsement Next steps: Approval by Marine Directors in December 2011 Update starting in 2012 based on mandate by WG GES

Developing a common understanding Comments following WG GES The drafting group addressed comments from CRO, DE, DK, EU, FR, NL, UK and NGOs (see compilation) editorial comments that were outstanding from last commenting rounds Amendments of the draft include Improvement to text and illustrations Review of examples Completion of CU (e.g. examples at Annex 3) Adaptation of the glossary to the overall EU MSFD related draft

Developing a common understanding The main elements Common understanding of Article 8 Approaches to Articles 9 and 10 Common understanding of Article 9 General principles relating to Article 10 Integrated approach to meet the requirements of Article 9 and 10 Towards a common assessment philosophy (future work) Glossary

Developing a common understanding Article 8 – (Initial) assessment Gaps in information and data will remain and need to be treated transparently in national 2012 assessments Assessments from 2018 onwards should fully consider the set of criteria and indicators of COM Decision 2010/477/EU Evaluation of effectiveness of measures may not be possible in 2018, given the implementation of measures only in 2016, delay in data collection and processing (latest expected data year for assessment is 2016) and delay in ecosystem response

Developing a common understanding Approaches to implementing Art. 9 & 10 GES is a qualitative and/or quantitative description of the desired condition The two differing approaches of Member States are both valid and expected to result in a set of environmental targets/thresholds/limits for state, pressure and impact The “package” under articles 9 & 10 in both approaches are expected to progress towards GES Member States should consider post 2012 in more detail the merits of the different approaches in order that any appropriate modifications or alignments can be made

Developing a common understanding Article 9 – Determining GES Can be a relatively high level description of the desired condition of the environment Should follow common principles, based on MSFD requirements and their interpretation, to guide determining GES Is not definite and will need to evolve over time Gaps and deficiencies in GES reports for 2012 to be solved by 2018 In 2012 Give priority to those criteria and indicators which are currently applicable and operational, building on existing approaches (EU, regional sea conventions) Identify gaps in methods and data or need for adaptation of existing approaches (e.g. scale, baseline, objectives) to fit MSFD requirements

Developing a common understanding Article 10 – Environmental targets Quantitative and qualitative statement on the desired condition State, impact and pressure targets State and impact targets link with pressure targets, if possible All targets should finally lead to measurable operational targets closely relating to measures if not directly linked to measures Operational target can be set at a general level or reflect an improving trend where the target is not quantifiable but early action is needed All forms of targets are expected to guide programmes of measures Any target can be set as an interim target (see NL ex. Annex 3) Environmental targets must be compatible and consistent among themselves and with other existing national, EU and international obligations

Developing a common understanding Article 10 – Environmental targets The 3 target types (state, pressure, impact) guide to measures either directly or indirectly, via operational targets. Operational targets might be set independently.

Developing a common understanding Article 10 – Environmental targets Examples State Impact Pressure Operational Measure Nutrient concentrations do not lead to an undesirable disturbance to the balance of organisms present in the water or to the quality of the water concerned resulting from accelerated growth of algae Anthropogenic inputs of nutrients are reduced. No kills in benthic animal species as a result of oxygen deficiency related to anthropogenic input of nutrients Limit the total contribution of the different sources to nutrient enrichment by % (or as a pressure target) Prevent livestock from fouling rivers through appropriate fencing and movement controls Prevent external inputs of N and P from diffuse pollution and detergents contained in urban waste water

Developing a common understanding Integrated approaches for Articles 9 & 10 Practical steps in determining GES and establishing targets Overview of approaches for setting thresholds/limits/levels Use of expert judgement Regional coordination of determining GES and target setting Coordination with Third Countries Ensuring consideration of socio-economic aspects (cf. to ESA guidance)

Proposed work strands from 2012 onwards Further work on outstanding issues of the Common Understanding on MSFD articles 8, 9 & 10 such as Scales (temporal & spatial) – WP 1 Towards a common assessment philosophy – WP 2 Synergies under WFD, HD & MSFD Selected items under the synergy debate – WP 3 Information exchange on GES & ET (including respective indicators - ETI) as supportive joint contribution to a cooperative assessment for the purpose of art. 12 – WP 4

Developing a common understanding WP Issue Timeline 2012 2013 1 Scales 2 Assess-ment philo-sophy 3 Synergy WFD/ HD/ MSFD 4 Informa-tion ex-change on GES & ET/ETI

Thank you! Special thanks to the drafting group, all helping hands, colleagues outside the drafting group who drafted major text parts and for the constructive discussions at meetings and for all comments received!

Developing a common understanding The management cycles

Developing a common understanding Article 9 – Determining GES

Developing a common understanding Article 9 – Determining GES

Developing a common understanding Article 10 – Environmental targets