Discussion Paper for Directors' Meetings - Draft

EU Policies on Biodiversity, Nature, Water and Marine environment

"How to create synergies and implement them together in the most efficient way?"

Discussion Document for the upcoming meetings of the Biodiversity/Nature Directors and Water/Marine Directors

[04/05/2012]

1. Introduction

This document is aimed at triggering a strategic debate amongst the Biodiversity/Nature Directors and Water/Marine Directors which could result in a joint way forward. While taking stock of achievements in integrating these policies it aims at going further to explore additional opportunities to work together, organise the envisaged work plan and coordinate even more efficiently in order to maximise synergies and use of resources and reduce unnecessary administrative burden.

The EU policies on water and marine environment, nature and biodiversity are closely linked and together they form the backbone of environmental protection of Europe's ecosystems and their services. The key legislation in these areas, namely the Water Framework Directive (WFD), the Marine Strategy Framework Directive (MSFD), the Habitats Directive (HD) and the Birds Directive (BD) make cross-references to each other, in particular by ensuring that the protected areas established through the Natura 2000 network are integrated into river basin management and marine strategies. Also the objectives of good status (ecological under WFD, environmental under MSFD and conservation under HD and BD) set the basis for relevant measures which are mutually beneficial and will enhance the protection of biodiversity and ecosystem services in- and outside Natura 2000 areas. Also, certain provisions in these directives (e.g. reporting obligations) need to be applied within similar timeframes. Furthermore, the EU 2020 Biodiversity Strategy sets a frame for action that encompasses nature conservation, restoration and as well marine and water protection among other issues. It also calls for an integrated monitoring and reporting framework.This offers an opportunity for streamlining and avoiding the risk of overlaps and unnecessary administrative burden.

The timelines and milestones of the different policies are not always aligned (for overview on key milestones see Annex 1). However, slight differences in timetable should not prevent Member States implementing these pieces of legislation in an integrated and streamlined way. Many opportunities have already been explored by Member States, e.g. the establishment of integrated monitoring programmes complying withthe obligations ofdifferent directives. Also data and information management can be organised at national and EU level in such a way as to avoid duplication (e.g. Water Information System for Europe (WISE) and Biodiversity Information System for Europe (BISE)).

1. Ongoing joint work and plans for the future

Aspects of the interaction between the EU policies and legislation on water and marine environment, nature and biodiversity have been the subject of discussion between the Commission and the MemberStates for many years. Where relevant, the issues have been discussed and reflected in the implementation work under the various pieces of legislation from the outset (e.g. see WFD guidance documents on reporting or monitoring from the years 2002-2005).Over the past years, the discussions became more dedicated to specific issues and the collaboration is now more intense, which has led already to a number of specific results. With the adoption of the more recent Marine Strategy Framework Directive (2008/56/EC) and the EU Biodiversity Strategy to 2020, and the establishment of the Natura 2000network in the marine environment, new questions need to be addressed. An overview of the existing results and the planned joint work is given in Annex 2.

In addition to the ongoing initiatives (see above), there is further scope for bringing these policy areas closer together. In particular, the following issues areproposed:

1. Finalising and consolidating the work on Frequently Asked Questions (FAQ): This could result in a joint policy paper extracting the key findings from the final paper on WFD/HD and BD, the recent paper on MSFD/HD and BD and the results of the Biodiversity and Nature Directors' meeting of May 2012 and the WFD/MSFD workshop of June 2012. This paper could be then endorsed by Directors in their meetings inthe first half of 2013.

1. Sharing expertise in fisheries: The implementation of the MSFD Descriptor 3 MSFD (fisheries) is closely linked to Target 4 of the EU 2020 Biodiversity Strategy and the Common Fisheries Policy (CFP). The technical work on implementing these measuresshould be organised jointly[1] ). Further efforts will also be necessary to involve the experts working on CFP and fisheries issues as was the case through the recent Workshop on Descriptor 3+ in Paris. The "common methodology for assessing impact of fisheries on marine N2000 sites" could also be relevant to other MPAs.

1. Linking up marine protected areas:The establishment of Natura 2000 marine protected areas is making significant progressand should be accelerated in the light of the target set under Action 1 of the EU Biodiversity Strategy (network largely complete by 2012). There are many additional protected areas, e.g. established under the Regional Sea Conventions and also an intensive debate and joint efforts to establish protected areas beyond national jurisdiction. The designation of all these areas needs to result in a coherent network, as required pursuant to the MSFD[2] (). For this purpose, stronger coordination between the "marine expert group" for marine Natura 2000 and the relevant expert groups under the MSFD is essential and could be ensured through back to back meetings and common agendas.

1. Streamlining and harmonisation of reporting and information management: This would entail:
2. screening the existing reporting obligations to avoid duplications, synchronise the updating cycles, harmonising and streamline the inputs (e.g. status assessments under MSFD and Birds and Habitats Directives).
3. integrating the flow of information and the reporting inputs such as what has been done in WISE and the streamlining of various water reporting obligations.
4. continuing to develop enhanced electronic tools that will facilitate and simplify the exchange of information, such as the recent creation of the BISE.

This would greatly minimise administrative burden. This is currently being investigated in the context of the recently adopted Communication on Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness COM(2012) 95 final[3].

1. Streamlining developments in Ecosystem-based Approaches (ESA) and Ecosystem Services (ESS): Protection, maintenance and restoration of ecosystems is essential to ensure proper delivery of their services, and thus the use of them. This is a fundamental objective of the EU 2020 Biodiversity Strategy, especially that of Target 2. The ecosystem-based approach is addressed in the Marine Strategy Framework Directive and will be addressed in the Green Infrastructure Strategy (the Green Paper to be adopted later 2012). The Water Blueprint will examine land use and in particular agriculture impacts, as well as climate change impacts on water resources their availability and related risks (scarcity /floods) and will examine how certain ESA approaches including Natural Water Retention Measures (NWRM) and sustainable agriculture practices, could be implemented in water management i.e. in RBMPs. Under the Common Implementation Strategy of WFD the operability of water the Ecosystem Approach and the implementation of the Ecosystem Services concept in the RBMPs was examined in a Science Policy Interface activity workshop, focusing on ESS provided by aquatic ecosystems as well as ESS benefiting water resources and mitigating flood risks. The need for developing operational guidelines for ESS and promoting their implementation in the second river basin management plans (RBMPs) will be addressed in future activities. The development of common future implementation guidelines for multi-objective measures and a common effort to secure adequate funding is essential and needs to be encouraged. In addition, marine, water, nature and biodiversity could join up efforts to influence the 2014-2020 financial programming and promote the application of ESA to the most extent possible.

1. Biodiversity/Nature Directors and Water/Marine Directors - working closer together

The regular and informal Directors’ meetings play an important role in the implementation work of EU policies. On one hand, theyprovide strategic orientations, initiate new activities and define the work programme and activities of the joint and informal common implementation work. On the other hand, they discuss and endorse results of the work emerging from the working and other groups. The above-mentioned initiatives have been supported by the Directors. However, the strengthening of the work on synergies between these policy areas would benefit from strategic guidanceand closer cooperation between the Water/Marine Directors and the Biodiversity/Nature Directors. This would strengthen the ongoing and future work of the experts in the various working groups and widen the legitimacy and impact of their work on streamlining and harmonisation.

The questions below aim at facilitating the discussion but are indicative only. The draft conclusions should be used as a starting point to enable a common understanding. The Biodiversity and Nature Directors will have the opportunity to discuss these issues first and the outcome of these discussions will also be reported to the Water and Marine Directors which can then develop these issues further. The aim would be to agree on overall conclusions after both meetings (if necessary, in writing) to be forwarded for implementation to the respective common implementation bodies.

• Questions for discussion

1. How can we maximise the synergies and minimise the trade-offs when implementing these policies?
2. What are the priority areas of cooperation which should be further developed? (see proposals in Annex 2)
3. How do Member States addressat national level an integrated implementation of these policies? What would be the Member States' needs that could be supported by an EU process? Should the Commission establish a forum for exchanging best practices with MemberStates and institutional partners (EC, EEA) on the way to work jointly?
4. What more can the Commission do to promote these synergies? How could Commission contribute to and benefit from Member States' work?

• Draft Conclusions (following discussion to enter into the summary of the meetings)

“The Directors (Water/Marine and Biodiversity/Nature) welcome the initiative to discuss a more integrated approach for the implementation of EU’s biodiversity, nature, water and marine policies. The Directors also recognise and appreciate the progress that has already been achieved and endorse the concrete results already finalised or the actions currently undertaken (see Annex 2 for details). The Directors also recognise that further efforts are necessary at EU level but also at national level to foster integrated approaches between the different administrations involved.

In order to further enhance cooperation and synergies, the Directors agreed, in particular, to:

• (Action 1) Acknowledge work undertaken (FAQ documents, guidance) to clarify links between WFD, MSFD and Habitats and Birds Dir. Invite the Commission to prepare a cross-cutting policy paper on the basis of the work on frequently asked questions and interfaces between the various directives and policies in these areas. This document should be presented for endorsement of the Directors in the first half of 2013.
• (Action 2) Work together on fisheries-related issues to promote the implementation of appropriate fisheries measures for marine Natura 2000 sites, including transboundary cooperation when relevant, and to implement Descriptor 3 and associated marine biodiversity descriptors for the MSFD Good Environmental Status and Target 4 of the EU Biodiversity Strategy, with appropriate links to CFP, building on the same technical basis and in a mutually re-enforcing way. Particular efforts should be made to involve the experts working on the Common Fisheries Policy as was the case in the April 2012Paris Workshop. Acknowledge work undertaken towards a common methodology for assessing fisheries impacts on N2000 sites.
• (Action 3) Collaborate on establishment and management of marine protected areas, building upon the work under Natura 2000 in the light of Target 1 of the EU Biodiversity Strategy, and complementary protected areas under other protection regimes, e.g. under the regional sea conventionsand ongoing debate on protected areas beyond national jurisdiction, to contribute to the MSFD requirements on MPAs. The Directors would like a report on the progress on this issue, including an initial assessment of the current status of MPAs across Europe, in 2013.
• (Action 4) Increase efforts in streamlining and harmonising reporting under the different policy areas with the view to developing joined up approaches and further develop the shared monitoring and reporting system through WISE and BISE by 2018 allowing for an easier integration of the information. The Directors therefore encourage the Commission and Member States to use, where possible and available, the reports from other directivesunder the MSFD (e.g. on bathing water or as regards Art. 17 Habitats Directive and Art. 12 Birds Directive). This will entail, however, that all MS are committed to report these data along the timelines indicated in legislation. The MS will make every effort to support the activities at Commission level.

The Directors invite the Commission and the Member States to take these initiatives forward and to provide regular updates to the Directors meeting from the first half of 2013 onwards.“

Annex 1: Timetables – key milestones for WFD, MSFD, HD/BD and EU 2020 Biodiversity Strategy, focusing on reporting

Note 1: Other relevant actions in the Biodiversity Strategy or Aichi Targets:

• Incorporating ecological considerations in MSY (Action 13c)
• Assessment of economic value of ecosystem services, and promotion of their integration into accounting and reporting systems at EU and national level (Action 5b)
• By 2020, at least 10% of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystemservices, are conserved through effectively and equitably managed, ecologically representative and well connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider seascape (Aichi target 11)
• By 2020 all fish and invertebrate stocks and aquatic plants are managed and harvested sustainably, legally and applying ecosystem based approaches, so that overfishing is avoided, recovery plans and measures are in place for all depleted species, fisheries have no significant adverse impacts on threatened species and vulnerable ecosystems and the impacts of fisheries on stocks, species and ecosystems are within safe ecological limits (Aichi Target 6)

Annex 2: Overview of ongoing joint work and plans for the future

The existing results and the planned joint work are listed below, in particular:

• Interactions Water Framework Directive (2000/60/EC) and Habitats and Birds Directives (92/43/EEC and 2009/147/EC)
• Frequently asked questions document : Links between the Water Framework Directive and Nature Directives. DG Environment, December 2011.
• Policy summary on implementing these directives – under preparation
• Other – guidance on the implementation of the Birds and Habitats Directives in portsand estuaries ( and on sustainable inland waterway development and management in the context of the Birds and Habitats directives (under finalisation)
• Interactions Marine Strategy Framework Directive (2008/56/EC) and Habitats and Birds Directives (92/43/EEC and 2009/147/EC
• Frequently Asked Questions document:Links between the MSFD and the Nature Directives (Birds Directive and Habitats Directive): interactions, overlaps and potential areas for closer coordination. 2012. Final draft
• Development of a common methodology for assessing fisheries impacts on marine Natura 2000 sites (under finalisation).
• MPAs – work of regional sea conventions
• Interactions Marine Strategy Framework Directive (2008/56/EC) and EU Biodiversity Strategy to 2020
• Designation of the Marine Strategy Working Group on Good Environmental Status (WG GES) as operational forum for the implementation of Target 4 of the Strategy
• Mapping and assessment of the status of ecosystems and their services in Member States national territories with the assistance of the Commission by 2014, assessment of the economic value of ecosystem services, and promotion of their integration into accounting and reporting systems at EU and national level by 2020 (Action 5)
• Streamlining of reporting and information management between the water, marine, nature and biodiversity
• Reporting sheets under MSFD
• WISE/BISE similarities and synergies (joined up developments to be supported by service contracts from the Commission for 2012-2014)

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