1. 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

2. 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.

3. 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

4. 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)

5. 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

6. 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)

7. 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

8. 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)

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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?

15. 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’

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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).