Thematic Strategy for the Protection and Conservation of the Marine Environment
This document is intended to serve as a basis for discussion at the Stakeholder Conference (Rotterdam, 10-12 November). As such it is part of the preparatory material for the eventual proposals of the European Commission regarding the Thematic Strategy for the Protection and Conservation of the European Marine Environment.
It does not necessarily reflect the view of the European Commission and in no way anticipates the Commission’s future policy in this respect.
Thematic Strategy for the Protection and Conservation of the European Marine Environment
I.Introduction
1.The 6thEnvironment Action Programme (6thEAP) stipulates the development of athematic strategy for the protection and conservation of the European marine environment (hereinafter called ‘the strategy’)with theoverall aim "to promote sustainable use of the seas and conserve marine ecosystems",because the marine environment is subject to a variety of threats. These threats includeloss or degradation of biodiversity and changes in its structure, loss of habitats,contamination by dangerous substances and nutrients and possible future effects ofclimate change. The related pressures include: commercial fishing, oil and gasexploration, shipping, water borne and atmospheric deposition of dangerous substancesand nutrients, waste dumping, physical degradation of the habitat due to dredging andextraction of sand and gravel.
2.As a first step towards the development of the strategy the European Commission adopted, in September 2002 the communicationentitled ‘Towards a strategy to protect and conserve the marine environment’[1] (the ‘Towards Communication’), which was highly welcomed at a first Stakeholder Conference organised by the Commission jointly with the Danish EU Presidency in Køge on 4-6 December 2002.
3.In its conclusion regarding the Towards Communication, adopted on 4 March 2003, the European Council considered that the Communication established a good basis for further development of Community action for marine protection and conservation and contributes to fulfilling the commitments made with a view to achieving sustainable development. The Council also requested the Commission, inter alia, to:
a.base its proposal for a strategy on an integrated approach, which should include, where appropriate, relevant qualitative and quantitative targets and timetables, against which the measures foreseen can be measured and evaluated, as well as identify actions for its implementation;
b.guide the development and implementation of the ecosystem approach including the further development of biological and environmental targets and benchmarks;
c.recommend further measures for the integration of environmental aspects in other Community policies;
d.enhance and facilitate the coordination and cooperation with and between the Regional Seas Conventions and agreements, the European Environment Agency, the European Maritime Safety Agency and other relevant fora and to provide for a coordination and streamlining of monitoring and assessment to achieve the highest synergistic effect;
e.invite neighbouring countries to participate in the process and develop partnerships, particularly in the Baltic, the Mediterranean and the Black Sea;
4.Following this, the Commission established a mechanism for consulting national authorities and stakeholders. This mechanism also served as means to enhance coordination of activities of regional and other international bodies involved in marine protection. Under the overall guidance of EU Water Directors, a total of 34 European countries and 30 international governmental and non-governmental organisations have been invited to participate in meetings of:
a.Strategic Goals and Objectives (SGO);
b.Ecosystem Approach to Management of Human Activities (EAM):
c.European Marine Monitoring and Assessment (EMMA):
d.Hazardous Substances (HS).
5.A second Stakeholder Conference,organised by the Commission jointly with the Dutch EU Presidency in Rotterdam on 10-12 December 2004, will mark the end of the consultation process. Thepresent document, which will form the main basis for discussion at this conference, will:
a.provide a summary of information concerning the environmental status of the seas and oceans, identify the main threats on the marine environment and review the present situation with regard to combating these threats (Section II);
b.analyse of the present situation regarding EU and regional policies, the knowledge base and progress achieved since the publication of the ‘Towards Communication’ (Section III and Annex 1-2);
c.identify the main challenges and opportunities (Section IV);
d.make proposals for the strategy including an overall Aim and Scope, a common Vision, a set of Principles to be applied and Strategic Goals and related Objectives to be achieved (Section V); and
e.provide guidance for its implementation (section VI).
6.Following this, the Commission will finalise its proposal for the strategy in the first half of 2005.
II.Combating threats on the marine environment – Present situation
7.The following is a brief overview of the main threats on the European marine environment and the main instruments to combat these threats. This overview is based upon the summary presented in the ‘Towards Communication’ which was updated using new information that became available since then.
8.Although there is information on the different pressures on the marine environment as described, it is not always clear to what extent these pressures have actually resulted in environmental impacts. Lack of knowledge and the fact that environmental changes take place over long time-scales means that impacts can be unnoticed for long periods of time.
9.In general it can be concluded that a large number of problems have yet to be fully addressed and major threats still persist notwithstanding the work of different bodies over the last three decades. Some significant improvements in the quality status of European seas have been realised and some of the trends towards worsening pollution have been halted and in some cases reversed.
1.Climate Change
10.Climate change has become an important issue over the past few decades. Although there are still more questions than answers about its effects, almost all global models agree that there will be a higher surface temperature in the future, if the build-up of greenhouse gases in the atmosphere continues. The potential consequences of climate change are far reaching and may include melting of the icecap, changes in ocean current strength and transport, water mass formation rates, sea level height, the strength and frequency of weather systems, and rainfall and run-off with downstream effects on ecosystems and fisheries.It is also fairly clear from the models that any temperature increase will be more pronounced at high latitudes. Recent findings suggest that the past three decades have been the warmest on record. Furthermore, there are observations from theArcticSea of less ice cover and ice-thinning, increased temperature and of changes in fish and plankton distribution in all sea areas.. Even if these observations need further confirmation if this is outside the normal variation, it seems that marine plants and animals are already responding to higher temperatures.
11.The main instrument to address climate change is the Kyoto Protocol which aims at stabilising greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. In addition, attention is being paid to mitigating impacts of climate change.
2.Biodiversity and Habitat Protection
12.Marine biodiversity[2]is under significant pressure. Overfishing is a common problem worldwide, in all European seas and in many sea areas of developing and of developed countries.Too high fishing effort and pressure continues to be a key problem in many European sea areas. Many stocks of commercial fish species are in poor condition and the status of over nearly half is unknown. In recent years the number of stocks in the ICES area classified as unknown status has increased. In addition, non-target fish species and other, non-fish species such as cetaceans, seals, birds and turtles are affected by a high fishing intensity while furthermore, commercial fishing activities are also responsible for impacts on sensitive habitat types (such as maerl beds, posedonia meadows and deep-sea reefs) and alterations of the structure and function of marine ecosystem by fishing down the marine food chains.
13.Another threat to marine biodiversity is associated with the (unintentional) introduction of non-indigenous species, genetically modified or disease bearing organisms. The main vector for these introductions is the discharge of ballast waters from ships and organisms carried on ships' hulls. Aquaculture is also a significant source.
14.Further, the increasing intensity of human activities along the coasts (such as the development of shipping, ports and harbours, coastal protection, land reclamation, tourism and sand and gravel extraction) has a severe impact on coastal habitats and associated ecological processes. In addition to increasing levels of urbanisation and tourism, developments such as barrages and wind-parks may also have an impact on habitats and sensitive species. At the same time coastal erosion impact about 20 % of the EU cost and the sea is retaking significant areas each year.
15.The most significant policies and actions addressing the protection of species and habitats within the EU are the Habitat, Birds and Water Framework Directives, the Common Fisheries Policy (CFP), the Common Agricultural Policy (CAP) and the Biodiversity Action Plans. In addition, the Directives regarding Strategic Environmental Assessment and Environmental Impact Assessment are also relevant. The OSPAR, Helsinki and Barcelona Conventions activities are being carried out regarding the protection of species and habitats. In the Baltic region actions and targets have been established in the Baltic 21 agenda. Activities regarding the biodiversity and habitat protection in the Black Sea are not very well developed yet.
16.International conventions on fisheries are mostly concerned with specific stocks and fisheries and to a much lesser extent involved in nature and biodiversity protection in relation to fishing activities.Although some of these organisations are developing policy for environmental integration, in general they could play a more profound role in biodiversity protection especially in the high seas. Other conventions such as the Convention on Biological Diversity (CBD) or the Regional Agreements under the Bonn Convention on Migratory Species are either of a general nature or directed at specific species or populations and are the principal driver. There may be inconsistencies between decisions taken under the latter and the current provisions at EU level. Where there is further potential for parallel activities, an integrated and consistent approach should be developed to avoid further inconsistencies and promote synergies.
3.Eutrophication
17.In spite of effort to reduce nutrient inputs, eutrophication is still considered an important threat in several marine areas. It is considered as the most significant cause of the Black Sea's environmental decline in the 1960s and has contributed to the proliferation of Mnemiopsis. It also has caused marked changes in the Baltic Sea. In the Northeast Atlantic impacts are mainly confined to coastal areas of the south-eastern part of the North Sea, the Wadden Sea, the Kattegat, and the eastern Skagerrak. In the Mediterranean, the most endangered area is the northern and west coast of the Adriatic Sea.
18.The main EU instruments to combat eutrophication are the Nitrates Directive, the Urban Wastewater Directive, the Water Framework Directive and relevant measures taken under the CAP. Both OSPAR (under its Strategy to Combat Eutrophication) and HELCOM stress the need to implement these measures and undertake to identify what additional measures would be required. Coexisting regulation by both the EU and the regional marine conventions may lead to a degree of confusion as well as duplication of effort. In the field of assessing the status of eutrophication in the marine environment, activities of the regional marine conventions would nevertheless be beneficial for the Community.
4.Pollution[3]
Hazardous substances and other contaminants
19.Various hazardous substances reach the marine environment following their discharge, emission and loss from a number of industrial processes and commercial and domestic uses. Given their intrinsic properties of toxicity, persistence, and liability to bioaccumulate, there is evidence that a diverse range of natural and man-made substances have the potential to impair biological processes in aquatic organisms. Although there is a general trend of reduction in many substances, there are others that are increasing and new substances, of which the effect on the marine environment and human health are unknown, are being introduced. There is concern that the fate and effects of cosmetics, pesticides, pharmaceuticals and veterinary medicines on the marine environment are not adequately addressed in assessment and other assessment procedures associated with the EC directives for these substances.
20.Marine litter is still causing environmental, safety and economic problems to marine and coastal environments, as well as to coastal communities and is still a general problem in all European Seas and there is no clear sign of reduction.
21.EU measures for controlling pollution with hazardous substances include as the most significant the directives on new and existing substances, IPPC, the Water Framework Directive and the New Chemicals Policy. All regional marine conventions address measures to control hazardous substances, be it at different levels of detail.
22.In the past, a large part of the regulatory effort of marine Conventions attempted to control chemical products and industrial installations, which are also covered by Community legislation. This gave rise to duplication of effort and in some cases to conflicting measures. Usefully, there have recently been successful efforts to co-ordinate the respective work programmes and work according to common methodology. Work of the marine Conventions is now focussing much more on creating synergies and identifying added value covering the specific situation in the different European sea areas. Further a field international action in the context of the recently agreed POP's Convention and the LRTAP Protocols will be of relevance.
23.Violations of existing regulations aimed at preventing discharges of oil and other substances (such as vegetable oil) at sea are frequent in all European seas, resulting in the oiling of seabirds, shellfish, other organisms and the coastline. In general this type of chronic and diffuse pollution results from the deliberate washing of tanks or the flushing of bilge water. So far, there is no clear downward trend. Operational discharges from refineries are decreasing. With regard to the offshore industry in the North Sea, total inputs of oil have been reduced substantially since 1985. However, there is a need for continual vigilance as drilling platforms extend into new sectors in deeper waters and into waters seasonally affected by ice.
24.Accidents involving ships are a recognised threat despite all the preventive measures (such as routing of ships and measures to increase the safety of maritime transport) which have been put in place. Associated with these accidents are the attendant risks of pollution by oil and chemicals and other substances.
25.Shipping is a highly regulated field at international level. Community legislation regulating maritime transport and the safety and environmental aspects thereof is inevitably often related to legislation adopted at the global level. MARPOL73/78 and its Annexes are applicable on a worldwide scale as far as prevention of ship-source pollution is concerned. These regulations are complemented by EC rules for ships bound for EU ports (mainly the Port State Control and reception facilities Directives). The Community’s main role has been to identify weaknesses and gaps in the international regulations and their implementation and to adopt specific Community measures, where considered necessary. There is at present no real competition or wasteful overlap of policy in this area.
26.Several pieces of EU environmental legislation is applicable to the offshore oil and gas industry, such as the Habitat and Birds Directives and Directives on air emissions (with the exception of the Large Combustion Plants Directive, which currently exempts the offshore sector for technical reasons), environmental Impact assessment and strategic environmental assessment. Discharges are regulated in accordance with regional seas conventions: OSPAR, HELCOM and the Barcelona Convention.
27.The main activity in the EU in the field of response to pollution is the Community framework for cooperation in the field of accidental or deliberate marine pollution. It is intended to support and supplement efforts of Member States. Within the framework, a Community Information System (CIS) has been set up with the purpose of exchanging data on the preparedness and response to marine pollution. As a contracting party to existing Regional Agreements, the European Commission, with the technical and scientific assistance from EMSA, cooperates with HELCOM, the BonnAgreementand the Barcelona Convention (REMPEC)in this field. In general it can be concluded that these activities are well coordinated and beneficial to all.
Radionuclides
28.There is public concern with regard to discharges of radionuclides, particularly those arising from nuclear-fuel reprocessing plants. The size and impact of other sources of radionuclides (such as the phosphate and offshore industry) is being assessed.
29.There exists a global ban on sea dumping of all radioactive wastes[4]. EURATOM provides for the possibility to adopt recommendations on the levels of radioactivity in water, air and soil. However, this provision has so far not been utilised for the marine environment. Overlap or duplication of efforts doesnot seem to be an issue in this area. Community and work of the regional marine conventions on radioactive substances appears to be complementary.
5.Health and Environment
30.There are still a number of Community beaches where problems with microbiological pollution exist. Problems also exist in areas of the Mediterranean outside the European Community and are severe in the Black Sea.
31.There are clear linkages between the proper functioning of the marine environment and human health. Contamination by marine phytoplankton biotoxins or by pathogens associated with inadequately treated sewage, may have a direct and very obvious impact on human wellbeing.There is concern regarding the bioaccumulation of some chemicals substances in sea food products.