EUROPEAN COMMISSION
Brussels, 1.10.2015
COM(2015) 481 final
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
on the progress in establishing marine protected areas (as required by Article 21 of the Marine Strategy Framework Directive 2008/56/EC)
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
on the progress in establishing marine protected areas (as required by Article 21 of the Marine Strategy Framework Directive 2008/56/EC)
1.Introduction
Many marine species across Europe´s seas are experiencing a decrease in population size as well as a loss of distribution range and habitat due to impacts from human pressures.
The United Nations have continuously voiced their concern about the health of oceans and marine biodiversity in the last two decades. Under the Convention on Biological Diversity, the EU has committed to ensuring the conservation of 10% of its coastal and marine areas. This objective is also reflected in Sustainable Development Goal 14 to conserve and sustainably use the oceans, seas and marine resources for sustainable development.
The European Union adopted its Biodiversity Strategy in 2011 to halt biodiversity loss and the degradation of ecosystem services on its territory by 2020. The Habitats Directive requires the establishment of special areas of conservation, including coastal and marine habitats. In addition, the EU's Marine Strategy Framework Directive (MSFD) focuses on protecting marine biodiversity in particular.
The MSFD requires Member States to adopt Programmes of Measures to achieve good environmental status in their marine waters by 2020. The Programmes of Measures shall include spatial protection measures contributing to coherent and representative networks of marine protected areas (MPAs). Marine protected areas are a measure used across Europe’s seas for protecting vulnerable species and habitats. More precisely, they are:
-geographically defined marine areas;
-whose primary and clearly stated objective is nature conservation;
-and which are regulated and managed through legal or other effective means to achieve this objective.
It has been demonstrated that well-managed European marine protected areas have positive ecological effects. In marine reserves with high protection, species density increased an average of 116%, biomass of plants and animals increased on average 238%, body size of animals increased 13% and species richness by 19%.
By contributing to maintaining healthy and sustainable seas and oceans, effectively managed MPAs also support services that seas and oceans provide. The role of marine protected areas therefore goes beyond nature conservation, as they create economic benefits to society – they are the green foundations on which the blue economy is built. For example, the overall benefits generated by the marine Natura 2000 network were estimated to reach approximately 1.5 billion EUR per year in 2011. These benefits could increase to 3.2 billion EUR if the marine Natura 2000 coverage doubled.
MPAs generate socioeconomic benefits in various ways. By increasing the biomass of species, MPAs can contribute to rebuilding fish stocks. Evidence shows that the positive effects of MPAs spill over to neighbouring fisheries. For instance, setting up the Columbretes Islands Marine Reserve in Spain increased catches in surrounding fisheries by about 10% a year.
Clean water, healthy habitats and abundant marine biodiversity are also one of the foundations of coastal and marine tourism. MPAs can become major tourist attractions boosting coastal and marine economies. Tourism in the catchment of the Great Barrier Reef Marine Park and World Heritage Area in Australia generated approximately $6.4 billion in direct expenditure, $5.2 billion value-added and an equivalent of more than 64,000 full time jobs in 2012.
Finally, by improving the health of the marine environment, MPAs can strengthen other marine ecosystem services, such as waste assimilation, coastal protection and flood management. The designation of a British network of MPAs was estimated to generate a monetary value of £8.2 billion for gas and climate regulation and £1.3 billion for nutrient cycling.
The present report takes stock of the progress made by Member States in establishing MPAs by the end of 2012, as required by Article 21 of the MSFD. Based on the work done by the European Environment Agency (EEA) on assessing the network of European MPAs, the report looks at the progress made on the establishment of marine protected areas by Member States (section 2) before examining the coherence and representativity of MPA networks, as required by Article 13(4) (section 3). The last section provides an outlook for the work which remains to be done. Two technical annexes are attached to the report which defines the terminology used in the report, provides the European and international legal context of the establishment of MPAs, and contains tables illustrating the figures used in the report.
2.Assessment of the progress made
The EEA will publish a report on European marine protected areas in 2015. According to their assessment, Europe has made significant efforts in designating MPAs and establishing MPA networks since the entry into force of the Convention on Biological Diversity in 1993. At the end of 2012, 5.9% of European seas were designated as MPAs, but large regional differences exist across Europe in MPA coverage. In three out of ten marine subregions MPA coverage was higher than 10%, while the proportion of MPAs stayed below 2% in two regional seas in 2012 (Table 1). Besides the regional differences, large differences were observed between MPA coverage in coastal and offshore waters (Table 2). It should be noted that MPA coverage has further increased since 2012, as some Member States have designated a significant number of MPAs.
The EEA report differentiates between three types of MPAs in Europe: marine Natura 2000 sites, MPAs designated under Regional Sea Conventions, and individual national MPAs. It should be noted that the three types of MPAs may overlap (i.e., a given site or part of it may be designated under more than one regime), follow different designation processes and are subject to different legal requirements.
2.1 Marine Natura 2000 sites
The marine Natura 2000 network is a major success as it is the largest single contributor to European MPAs in terms of coverage. At the end of 2012 it covered more than 228 000 km² equalling more than 4% of Europe's seas. Natura 2000 coverage, however, varied across marine regions. In the Greater North Sea and the Baltic Sea, marine Natura 2000 sites covered nearly 18% and 12% of the waters respectively. In other regions, such as the Ionian Sea, Adriatic Sea and Macaronesia, Natura 2000 coverage stayed below 2% (Table 3).
Similarly, Natura 2000 coverage was much higher in coastal areas. Natura 2000 sites covered 33.3% of near shore waters, 11.3% of coastal waters and only 1.7% of offshore waters. Significant offshore features of the marine environment were therefore not yet covered by the Natura 2000 sites. At the same time, the Natura 2000 sites, underpinned by the Habitats Directive, provide a strong legal framework for the protection of the sites and the sustainable management of human activities therein, and coastal Member States have stepped up efforts to fill existing gaps.
2.2 MPA networks established under Regional Sea Conventions
MPA networks designated under Regional Sea Conventions significantly overlap with Natura 2000 and national MPA sites. Regional Sea Conventions, however, represent an important platform for Member States' cooperation to develop and implement an ecosystem-based approach to MPA designation and management. This makes RSCs one of the driving forces behind the expansion of the European MPA network.
The Baltic Sea region was the first regional sea in Europe where coverage exceeded 10%. When HELCOM assessed its MPA network in 2010, coverage reached 10.3 %. In 2012 the MPA network in the Baltic Sea covered 12.4% of the assessment area.
Significant progress can also be observed in certain areas of the North-east Atlantic Ocean. One of the examples for this is the Greater North Sea area whose MPA coverage is the highest in Europe (nearly 18%). On average MPAs covered 3.2% of the assessment area in the North-east Atlantic in 2012.
In 2012 MPA coverage averaged at 9.7% in the EEA's assessment area in the Mediterranean Sea. The EEA was not able to assess MPA coverage in the Black Sea due to the lack of available data (Table 4).
2.3 National MPAs
Member States have also designated marine protected areas to protect features of national interest. These sites can feed into the Natura 2000 network, MPA networks under RSCs, or they can stand alone. The extent of convergence between MPA networks designated under different regimes varies from Member State to Member State, and averaged at 68.2% across Europe in case of national and RSC sites (i.e. more than two thirds of the total area covered by national and regional MPAs is designated under both regimes), and at 54.5% in case of national sites and Natura 2000 MPAs. It was not possible to demonstrate that multiple designations increase protection levels for MPA sites.
3.Coherent and representative networks of marine protected areas
Currently no EU-wide method exists to assess the coherence and representativity of European MPA networks. Regional Sea Conventions, however, have played an important role in defining assessment criteria for MPA network coherence. OSPAR, HELCOM and the Regional Activity Centre for Specially Protected Areas (RAC/SPA) established under the Barcelona Convention together with MedPAN in the Mediterranean have all assessed MPA network coherence.
OSPAR defines the ecological coherence of MPA networks along six criteria: features, representativity, replication, connectivity, resilience and adequacy/viability. The first assessment of the OSPAR MPA network was carried out in 2010 and showed that it could not be considered ecologically coherent based on the spatial distribution of MPAs. In 2012 OSPAR attempted again to assess the ecological coherence of its MPA network, but could not arrive to comprehensive conclusions due to the scarcity of relevant distribution data on species and habitats. In 2012, only coarse assessments of the spatial arrangement of MPAs could be performed, which suggested that the OSPAR MPA network was unlikely to be ecologically coherent. However, the network showed the first signs of coherence in certain subregions, e.g. in the Greater North Sea, and to some extent also in the Celtic Seas.
HELCOM identified four criteria for ecological coherence: adequacy, representativity, replication of features and connectivity. Despite the growing number of designated MPAs in its territory, HELCOM concluded in 2010 that MPA networks in the Baltic Sea had not yet reached ecological coherence.
MedPAN-RAC/SPA assessed MPA network coherence in the Mediterranean based on two criteria: representativity and connectivity in 2012. This assessment concluded that the Mediterranean MPA network could not be considered either coherent or representative. The Western Mediterranean was considered the best connected region in the Mediterranean.
As a first attempt to develop a common set of criteria and a methodology to assess the coherence and representativity of European MPA networks, external consultants prepared a study for the European Commission in 2014. The study found that the MPA network in a test area in the Baltic Sea was not coherent. The Commission will continue working to further refine the methodology for EU-wide MPA network assessments.
4.Conclusions and outlook
Marine protected areas constitute essential spatial management tools for nature conservation. They can function as sanctuaries for the threatened biodiversity of our seas and oceans. By supporting the resilience of ecosystems, effective networks of MPAs create valuable benefits to society. These socioeconomic benefits include job creation, food provision, or climate regulation. MPAs are therefore a strong illustration of the convergence between the blue and green economy.
Since the entry into force of the Convention on Biological Diversity in 1993, the European MPA network has significantly expanded to cover almost 6% of European seas in 2012. The present report is demonstrating the enormous progress which has been made in establishing MPAs in Europe. Since 2012 even more MPA sites have been designated.Work will not stop here – further efforts will be made to ensure that at least 10% of Europe's seas are protected through coherent MPA networks.
The objectives of the EU Biodiversity Strategy to 2020 are being increasingly implemented through the EU policy framework, which provides an excellent opportunity for the designation and integrated management of MPAs. The Marine Strategy Framework Directive, the Habitats and Birds Directives, the Maritime Spatial Planning Directive and the reformed Common Fisheries Policy all contain provisions which can foster the expansion of the European MPA networks in the coming years.
In order to fully deliver their potential, MPAs must include management measures, and their effective monitoring and enforcement should be ensured. Management measures can include management plans for MPAs themselves, and spatial protection measures in neighbouring areas as a complementing tool to boost the effects of MPAs. MPAs should be an integral part of maritime spatial plans supporting the Green and Blue Infrastructure approach to ensure and improve the delivery of multiple ecosystem services from the same area. This integrated approach is also essential to ensure that pressures across the seas are reduced and ecosystem resilience is therefore strengthened.
The Commission will continue supporting national and international efforts in relation to the designation and effective management of marine protected areas, as well as the implementation of other spatial protection measures for marine biodiversity. In particular, the Commission will:
support Member States in the effective and integrated implementation of the legislation in place through increased communication or guidance, e.g. in relation to Article 11 of the CFP;
foster common understanding of Article 13(4) of the MSFD;
further develop an EU methodology for the assessment of MPA network coherence and representativity;
support Member States, through existing EU financing mechanisms, in particular the European Maritime and Fisheries Fund and the LIFE Programme or through ongoing processes such as the Natura 2000 biogeographical process, to increase MPA designations, especially offshore and to effectively manage MPAs;
promote inclusive governance structures for MPAs which enable wide stakeholder participation (e.g. local authorities, local communities, economic actors etc.) in MPA management;
where necessary, continue working on EU-level support mechanisms for the effective enforcement and control of MPA management measures;
promote research at a European level and support Member States' efforts to close existing data gaps hindering the effective management and assessment of MPAs;
contribute to determining the economic benefits from MPAs by preparing studies and collaborating with international organisations such as the OECD;
ensure EU representation at negotiations on an implementing agreement to UNCLOS for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction in order to make UNCLOS Art. 192 and 194(5) more operational in these areas.
The Commission will prepare the next progress report on the establishment of marine protected areas in the context of the MSFD implementation, i.e. the Commission report on the Programmes of Measures submitted by the Member States. The present report will provide a baseline for this assessment. The progress made in establishing MPAs in Europe will also be assessed in 2019 when the Commission evaluates the first cycle of the implementation of the MSFD. With a dedicated effort at all levels, it should be possible to meet the objectives set out in EU and international law and policies, and increase MPA coverage above 10% by 2020 in Europe.
EUROPEAN COMMISSION
Brussels, 1.10.2015
COM(2015) 481 final
ANNEXES
to the
Report from the Commission to the European Parliament and the Council
on the progress in establishing marine protected areas (as required by Article 21 of the Marine Strategy Framework Directive 2008/56/EC)
Annex I
1. Terminology
The Marine Strategy Framework Directive does not define the terms "marine protected area" and "spatial protection measure". The objective of this section is to provide definitions which were used in the preparation of this report and will be applied in the context of the implementation of the Marine Strategy Framework Directive as well as other legislation.
1.1 Marine Protected Areas
In international law, Article 8 of the Convention on Biological Diversity (CBD) sets out the fundamental obligation for Parties to establish protected areas
. The definition of protected areas
in Article 2 of the Convention provides the basis of the definitions of protected areas and marine protected areas used by other international organisations, such as the International Union for Conservation of Nature (IUCN)
or the Regional Sea Conventions (RSC)
.
In the European Union protected areas are established under the Nature Directives (see Special Areas of Conservation under the Habitats Directive and Special Protected Areas under the Birds Directive). The definition of these areas
is in line with the CBD definition of protected areas, i.e. they are geographically defined, they have a clear conservation objective, and management measures shall be taken in their territory to achieve this objective.
Based on common elements of these definitions, the following criteria are proposed for the purpose of defining Marine Protected Areas in the context of the MSFD and all related EU policies
:
-they are geographically defined marine areas;
-whose primary and clearly stated objective is nature conservation;
-and are regulated and managed through legal or other effective means to achieve this objective.
1.2 Spatial protection measures
Target 11 of the Strategic Plan for Biodiversity 2011-2020
requires that "(…) 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures (…)". There exists, however, no internationally accepted definition of what is meant by "other effective area-based conservation measures".
The Marine Strategy Framework Directive as well as the Birds and Habitats Directives all foresee conservation measures outside protected areas in order to ensure the adequate protection of species and habitats, and to maximise the benefits from protected areas. The Marine Strategy Framework Directive talks explicitly about spatial protection measures
. The Habitats Directive foresees the establishment of a strict protection regime for species and sub-species listed in Annex IV of the Directive and protection measures for species and sub-species listed in Annex V
. Some of these measures are area-based (e.g. temporary or local prohibition of the taking of specimens in the wild and exploitation of certain populations, establishment of a system of licences for taking specimens or of quotas
etc.). The Birds Directive creates a similar structure
.
Therefore, spatial protection measures are defined following the logic of the MSFD and the Nature Directives, i.e. that spatial protection measures are a wider category than MPAs, and they play a supportive role in nature conservation. Hence, the term "spatial protection measures" is used for
:
-area-based conservation measures
-that do not meet the criteria of marine protected areas, either because conservation is not their primary objective, or because their objective focuses on a particular activity or sector in order to protect part of the ecosystem.
In this sense, certain fisheries management measures which have conservation aspects fall under the definition of spatial protection measures. Such fisheries management measures may include special fishing permits or bans on specific fishing gears
for specific areas to protect for example vulnerable marine ecosystems or sea grass meadows or certain conservation measures adopted under Article 7 of the Common Fisheries Policy
.
Certain measures to be taken under the Maritime Spatial Planning Directive might also be considered as spatial protection measures, as one of the objectives of maritime spatial plans is the protection and improvement of the environment.
2. Relevant EU and international law
The MSFD
aims to ensure the integration of environmental concerns into the different policies, agreements and legislative measures which have an impact on the marine environment
. This section will therefore draw up an inventory of EU legislation and international law affecting the establishment of MPAs under the MSFD.
EU legislation
1.Habitats
and Birds Directives
: foresee designation of protected areas which form a coherent European ecological network (Natura 2000 network)
and are subject to strong protection and management requirements in order to achieve Favourable Conservation Status for the EU's most vulnerable habitats and species.
2.Common Fisheries Policy: its recently reformed Basic Regulation provides for the adoption of conservation measures in line with the objectives of the MSFD and the Habitats and Birds Directives
. It also allows for the establishment of protected areas of biological sensitivity
. In addition, fishing protected areas can be established under the regulation concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea
.
3.Water Framework Directive
: applies to inland transitional waters, but its provisions are highly relevant for MPAs in near-shore waters which are rich in spawning and nursery grounds and therefore important from a conservation point of view.
4.Maritime Spatial Planning Directive
: MPAs will form part of maritime spatial plans established under the Directive.
International dimension
1.United Nations Convention on the Law of the Sea: requires that Parties take measures to protect and preserve the marine environment in general, and rare or fragile ecosystems, the habitat of depleted, threatened or endangered species and other forms of marine life in particular
.
2.Convention on Biological Diversity: aims to halt biodiversity loss, ensuring the conservation and sustainable use of marine biodiversity. Aichi Biodiversity Target 11
aims to conserve 10% of coastal and marine areas through "effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures". This target has become a global commitment through its inclusion in the Rio+20 outcome document "The Future We Want"
and in the proposed goal for oceans
in the Post-2015 Development Agenda being negotiated at the UN. Also under the CBD, ecologically or biologically significant marine areas (EBSAs) are being described for their important contribution in supporting the healthy functioning of the oceans, and in recognition of their potential need for some kind of protection. Some 200 EBSAs have been described during regional workshops around the world and have been approved by the Conference of the Parties for inclusion in the CBD EBSA "repository". It is up to states and competent intergovernmental organisations to decide on any management and protection measures for those areas or parts thereof, including by designating them as MPAs.
3.
Regional Seas Conventions: aim to improve regional governance for the protection of the marine environment. Four RSCs cover the marine waters in the scope of the MSFD: OSPAR for the North East Atlantic, HELCOM for the Baltic Sea, the Barcelona Convention for the Mediterranean and the Bucharest Convention for the Black Sea. All four RSCs have been active in establishing MPAs and assessing MPA network coherence
.
Annex II
Tables
Table 1 - Coverage of marine protected areas in European Seas (2012)
Table 2 – Percentage cover of marine protected areas in European Seas in the 0-1 nm, 1-12 nm and 12 nm-end of assessment area zones (2012)
Table 3 - Coverage of Natura 2000 (N2K) network in Europe´s regional seas (2012)
Table 4: Total surface area, percentage cover of RSC sites in MPA assessment area, and overlap with the EU Natura 2000 (N2K) network (2012)
.