Strategy for the marine environment

SUMMARY OF:

Directive 2008/56/EC — EU action in the field of marine environmental policy

WHAT IS THE AIM OF THE DIRECTIVE?

The marine strategy framework directive (MSFD) sets out a common European Union (EU) approach and objectives for the prevention, protection and conservation of the marine environment in view of the pressures and impacts of damaging human activities, while allowing for its sustainable use, by means of an ecosystem-based approach.

KEY POINTS

The MSFD requires EU Member States to do the following.

Develop strategies to achieve ‘good environmental status (GES)’* by 2020. The strategies, which span over 6-year cycles, need to include measures that protect the marine ecosystems and that ensure economic activities linked to the marine environment are sustainable.
Include within their strategies:
- a detailed assessment of the state of the marine environment and the impact of human activities (including a socioeconomic analysis);
- a definition of GES based on a list of 11 descriptors of environmental status for which GES must be achieved by 2020 (set out in Annex I of the directive and specified in Decision (EU) 2017/848, which contains a set of detailed criteria and methodological standards to help Member States implement the MSFD, notably on determining GES); and
- clear environmental targets.
Draw up and implement programmes of measures to achieve GES. These programmes cut across various policy frameworks and human activities in preventing or mitigating their impacts on the marine environment.
Draw up a monitoring programme to measure and assess the progress made towards reaching their objectives and targets.
Ensure that the European Commission assesses whether the marine strategies constitute an appropriate framework to meet the directive’s requirements, and provides guidance accordingly. If certain objectives are not met, a Member State must explain why. If necessary, it is possible for a Member State to apply certain exceptions.

The directive also does the following.

It emphasises the need for Member States to cooperate with their neighbours in the four marine regions (North-East Atlantic, Baltic, Mediterranean and Black Sea), when devising and implementing their marine strategies. Some of these regions are further divided into sub-regions. The use of existing regional governance structures, such as Regional Sea Conventions, is therefore an important element to be considered by Member States.
It recognises the importance of spatial protection measures for the marine environment, thereby contributing to the creation of a network of marine protected areas.

Review

A review of the MSFD must take place by 2023, following an evaluation and an impact assessment. Amendments may then be proposed, where appropriate.

Amendments to the MSFD

Directive (EU) 2017/845 amends the MSFD, replacing its Annex III concerning the indicative lists of elements to be taken into account for the preparation of marine strategies. The purpose of the amendment is to better link ecosystem components, anthropogenic pressures* and impacts on the marine environment with the MSFD’s 11 descriptors and with Commission Decision (EU) 2017/848 on the GES of marine waters (mentioned above).

How the MSFD relates to other EU legislation

The MSFD builds on existing EU legislation and covers specific elements of the marine environment not addressed in other policies, such as the water framework directive (Directive 2000/60/EC — see summary), the habitats directive (Directive 92/43/EEC — see summary), the birds directive (Directive 2009/147/EC — see summary) and, lastly, Regulation (EU) No 1380/2013 on the common fisheries policy (see summary), one of the legal objectives of which is to contribute to achieve GES under the MSFD.

RECENT DEVELOPMENTS

In July 2021, the Commission launched a public consultation to gather information and the views and ideas of parties involved in and affected by the MSFD. The consultation is open until 21 October 2021.
In 2020, the Commission adopted a report on the first implementation cycle of the MSFD. Although the EU’s marine environmental protection system is one of the most sophisticated in global terms, the report concludes that it needs to be enhanced to ensure that it can address issues such as overfishing and unsustainable fishing practices, plastic litter, excess nutrients, underwater noise and other types of pollution.
The EU’s experience in developing a sustainable approach to ocean management through the MSFD was seen as an important contribution to the Commission’s 2016 vision on ocean governance.
In 2015, the Commission reported significant progress in establishing marine protected areas in the EU’s seas, with benefits for the economy and the environment. Under the UN Convention on Biological Diversity, the EU has committed to ensuring the conservation of 10% of its coastal and marine areas by 2020.
In 2014, 2017 and 2018 the Commission reviewed the steps taken by Member States in the implementation of the directive throughout the first implementation cycles.
The MSFD provides guidance for the implementation of Directive 2014/89/EU on maritime spatial planning (see summary) adopted in 2014. The latter is a part of the integrated maritime policy, which aims at implementing optimal ocean management and maritime governance.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 15 July 2008 and it had to become law in the Member States by 15 July 2010.

BACKGROUND

For further information, see:

Our oceans, seas and coasts (European Commission).

KEY TERMS

Good environmental status. This relates to ecologically diverse and dynamic oceans and seas that are clean, healthy and productive. The aim is to ensure that the marine environment is safeguarded for current and future generations.

Anthropogenic pressures. Referring to environmental change caused or influenced by people, either directly or indirectly.

MAIN DOCUMENT

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, pp. 19–40).

Successive amendments to Directive 2008/56/EC have been incorporated in the original text. This consolidated version is of documentary value only.