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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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.

10. 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

11. 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)

12. 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

13. Developing a common understandingWP
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

14. 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!

15. Developing a common understanding
The management cycles

16. Developing a common understanding
Article 9 – Determining GES

17. Developing a common understanding
Article 9 – Determining GES

18. Developing a common understanding
Article 10 – Environmental targets