Take Note and Discuss the Documents and Contributions

MD2013/2-3

Marine Strategy Framework Directive (MSFD)
Common Implementation Strategy
Marine Directors
Meeting of 5 December 2013, Vilnius
Agenda Item: / 2.3
Document: / MD2013/2-3
Title: / Annex 3 to the MSFD CIS Work Programme –Specific elements of the work programme relevant for the different marine regions
Prepared by: / OSPAR, HELCOM and Member States in the Mediterranean and Black Sea
Date prepared: / 26/11/2013
Background: / The Marine Directors recognised the need to further strengthen the role of the relevant RegionalSea Conventions in the MSFD implementation, while taking note of regional specificities andtheir national responsibilities as EU Member States and RSC contracting parties.Furthermore, they agreed to propose jointly to discuss future CIS work programme within the responsible bodies of the Conventions.
The European Commission has therefore asked the Regional Seas Convention Secretariats for their views.
All Regional Sea Convention Secretariats have since answered, and on that basis, the following contributions have been suggested as regional annexes to the CIS Work Programme:
- for the Mediterranean region, a regional component has been drafted by Mediterranean EU Member States
- For the North East Atlantic,a draft OSPAR contribution to the EU-MSFD Common Implementation Strategy work programme for 2014 and beyond was developed. The version attached will be tabled for formal approval by OSPAR at the Coordination Group meeting on 21-22 November 2013.
- For the Baltic, a draft document on HELCOM Activities related to the regional implementation of ecosystem approach has been discussed by the GEAR Group. The final submission of this document is pending agreement in HELCOM.
- For the Black Sea, a regional component has been drafted by the Black Sea EU Member States.
This draft has been discussed and agreed at MSCG in November 2013, as a living document.
In addition, ICES has also transmitted a contribution to the CIS Work programme. This contribution is available under MSCG11-2013 20 ICES.

The Marine Directors are invited to:

Take note and discuss the documents and contributions.

Take note of the work programme and the related mandates in the Annex;
Endorse the agreement by the MSCG.
Request the MSCG to monitor progress and review the programme in the future, as necessary, in particular in the light of the Article 12 report.

(This means that for those regional components still being finalised by Regional Sea Conventions, it is proposed to update Annex III with the final version after agreement in the relevant RSC).

Discuss the further development of EU and RSC work programme and practical cooperation on the bases of these contributions and taking account the suggestions in the informal document from DE and SE.
Consider inviting the Executive Secretaries of the Regional Sea Conventions (RSC) on a regular basis to the Marine Directors meetings, e.g. once per year starting with June 2014. For the next meeting, also the ICES Secretary General could be invited to discuss their contribution.

Annex 4:

Specific elements of the work programme relevant for the different marine regions

Part 1: Contribution from Black Sea EU Member States

Common Implementation Strategy Work Programme (CIS WP) for 2014-2018

Specific elements of the work programme for the Black Sea

1.1.Activities between the EU Member States in the Black Sea

Revision of GES and targets (by September 2014)

Review GES and targets in BG and RO
Identify possibility for joint GES criteria, targets and indicators
Prepare fact sheet per descriptor, addressing data gaps, scaling and aggregation issues
Develop BS targets and indicators

Coordinated Monitoring Programme (mid-2014)

Prepare coordinated international monitoring programme for all descriptors as a “roof report”, to be complemented by national report.
Compile monitoring reporting using the fact sheet approach; development of harmonised (trilingual) monitoring fact sheets by May 2014.
Set up first steps for report / “data sharing”
Identify financial needs and financing of monitoring programme (three parts, already done, new to be financed (also by ESIF), new not possible to finance at the moment)

Coordinated programme of measures (2015) incl. MPAs

Develop a coordinated bilateral programme of measures focussing on some transboundary aspects
Validate MPA “baseline” by EEA and identify additional MPAs, if possible and meaningful, joint (up) ones.
Exchange of best practices on measures and their cost-effectiveness
Economic and social analysis of human activities affecting the marine environments
Support for drafting MSP and ICM plans

Reporting

Assist in national reporting for Art 11 (in 2014) and Art 13 (in 2015) by assisting in an internationally coordinated part.
Prepare monitoring national fact sheets in line with discussion in DIKE (and harmonised btw RO and BG),

1.2. Activities proposed by EU Member States in the context of the Black Sea Commission

Promote the dialogue between the Black Sea Commission (BSC) and the EU, aimed at implementation of coordinated programmes as a step towards joint monitoring programmes to address MSFD requirements and a regionally agreed set of common GES criteria and characteristics, environmental targets and associated indicators and other methodological agreements on assessment and monitoring (2014-2018)
Promote sharing of data and information between EU/EEA/JRC, ICES and BSC and, if needed and feasible, translate it in a formal arrangement such as MoU or any other legal document (2014-2018)
Support dialogue between the BSC and the EU, aimed at setting up a common programme of measures according to coordinated programmes to be applied by all BS countries, taking into account/building upon the BSC existing frameworks of measures (2014-2018)
Cooperate, including through the MSFD Project Coordination Group (PCG), on identification of regional short-, mid- and long-term research needs, on follow-up of the previous projects aimed at the implementation of the MSFD in the Black Sea region and on strengthening the regional capacities and coordination (2014-2018)
Stimulate, through the EU, interregional cooperation of RSCs (2014-2018)
Following successful cooperation with HELCOM on eutrophication, extend coordination in development of assessment and monitoring tools (2016)
Collaborate with ICPDR on land based sources of pollution including development of a hot spot list of such sources of regional relevance (2015)
Concerning safety of offshore activities establish structured contacts with Barcelona Convention and OSPAR to benefit, in particular, from their respective institutional and technical experience (2017)

Part 2: Contribution from Mediterranean Member States

Common Implementation Strategy

Mediterranean Work Programme 2014-2018

Introduction:

The present document is the marine regional specific component of the MSFD CIS work programme for the Mediterranean. It contains general activities to be carried out between the EU Med MS (Part A) and in the context of Barcelona Convention (Part B).

Part A: Activities proposed between the EU Med MS:

GES, targets and associated indicators (2013-mid 2014)
Analysis and comparison on GES, targets and associated indicators established by Mediterranean Member States (art. 9 and art.10) based, among other elements, on the information provided by the European Commission.
Comparative analysis with the GES and targets under development in the ECAP in terms of coherence
Monitoring Programmes (2013-mid 2014)
Exchange information on existing and planned monitoring programmes (national/bilateral/subregional/regional)
Identification of a priority set of specific Mediterranean common indicators that could be used in the first cycle[1]
Identification of possible candidate indicators to be considered as common in a medium-term basis to cover gaps
Identification of the way to improve coherence among Member States
Elaboration of template fact sheets and roof report on monitoring based on the common indicators agreed for possible joint monitoring programmes, in line with the process under development within WG DIKE.
Improve the common understanding and scientific knowledge on some specific descriptors, particularly where knowledge gaps have been identified as relevant in the Mediterranean (2014-2018),
Develop tools to facilitate information exchange, reporting and public participation (2013-mid 2014)
Programmes of measures (2014-mid 2015)
Exchange of information about national proposed measures
Explore possibilities of common measures, for instance on MPA, or implementation of existing regional plans under the Barcelona Convention or other international agreements
Improve linkages among the already existing and new instruments under other Directives such as WFD, Habitats, Birds
Possible role and involvement of JRC, EEA and ICES

Part B: Activities proposed in the context of Barcelona Convention

Provide information on the deliverables of part A to keep Barcelona Convention informed on actions being developed, especially where other Mediterranean countries cooperation is needed
Feed ECAP process with specific products to facilitate the alignment of both processes in 2018, for example, technical development of common indicators agreed by EU Med MS, fact sheets delivered, the preparation of regional integrated programmes, review and development of action, plans.
Identification of some areas of cooperation on specific issues where involvement of Mediterranean third countries is essential, for example offshore pollution prevention, MPA in open sea, marine litter
Contribute to and take into account the results work planned under the Barcelona Convention, such as:
the assessment of the implementation of existing measures and opportunities for joint programmes of measures,
the SOER report in 2017

Part 3: Contribution from OSPAR

Initial OSPAR contribution to the EU-MSFD Common Implementation Strategy work programme for 2014 and beyond

1.Introduction

OSPAR road map on the regional implementation of the MSFD

The EU Marine Strategy Framework Directive (MSFD; Directive, 2008/56/EC) requires Member States to coordinate its implementation at a (sub-)regional scale, using the Regional Sea Convention where practical and appropriate. In that context, Member States shall, as far as possible, build upon relevant existing programmes and activities already developed. OSPAR, at its 2010 Ministerial meeting in Bergen (Norway), agreed upon a road map to guide the OSPAR regional implementation framework for this Directive. It outlined what and how the OSPAR countries should do on coordination and cooperation of the implementation of the MSFD within the OSPAR Convention in the period 2010-2020, taking their national obligations into account. The important elements of the road map are included in the OSPAR North-East Atlantic Environment Strategy. OSPAR, through its Contracting Parties and its Secretariat has engaged strongly with the European Union MSFD Common Implementation Strategy and the various working groups that deliver the strategy. Active involvement continues in the EU Marine Strategy Coordination Group, the Project Coordination Group and the various EU data and technical groupings. OSPAR continually aims to improve its engagement with the MSFD implementation process to the benefit of the marine environment and an efficient use of Contracting Parties’ resources.

Five priorities towards 2018

In 2012, the OSPAR Commission adopted Finding Common Ground, which documented OSPAR progress on the objectives for a coordinated approach with respect to the first deliverables of the MSFD implementation-cycle 2012-2015: initial assessment, defining good environmental status (GES) for the marine waters, and setting environmental targets and indicators. Based on this and the original road map, the Finding Common Ground–document of 2012 identified 5 key priorities for OSPAR-level work between 2012 and 2018, for which additional outcomes were achieved in 2013:

To develop common indicators across the GES-descriptors. In 2013 OSPAR agreed upon a set of OSPAR-wide and regional common indicators and a set of candidates to be developed further towards common indicators. The ambition is that OSPAR will add common indicators to this list in the years to come.
To include the common indicators in the Joint Assessment and Monitoring Programme (JAMP) of 2014. In 2013, OSPAR decided that common indicators should be the basis for an Intermediate Assessment in 2017. The aim of this Intermediate Assessment is to facilitate the Contracting Parties in regional coordination of the update to their MSFD initial assessments in 2018. To that end, the use of prioritised candidate indicators will also be part of this Intermediate Assessment in 2017 when possible. The Intermediate Assessment will be followed by an OSPAR Quality Status Report (QSR) around 2021.
Developing agreement on common policy requirements and opportunities for coordination in the development of measures, in 2014.
Developing agreement on the need for collective OSPAR action with regard to the preparation of the 2018 updates of national initial assessments. This priority will be met by the 2017 OSPAR Intermediate Assessment.
Considering opportunities for regionally coordinated data and information reporting, linked to the national obligations of the OSPAR countries to report as EU-Member States to the European Commission upon their deliverables. In this area, the OSPAR Secretariat is making progress on the OSPAR Data and Information Management System (ODIMS) against the OSPAR Data and Information Management Strategy which aims to facilitate sharing and reuse of available OSPAR data and information.

Aim of this document

The OSPAR countries who are EU Member States are very keen that the work they do on regional coordination and collaboration within this regional sea convention (RSC) is coordinated with the EU-wide work they are part of within the EU Common Implementation Strategy on the MSFD (EU-CIS) together with the European Commission. It is essential that work planning between the EU and the regional sea conventions is streamlined with a clear division of roles between national, regional and EU-level activities, so that work being carried out at each level is mutually supportive and duplication of work is avoided.

The EU-CIS has recognized this in the MSFD Common Implementation Strategy – future priorities – document. The EU-CIS invited the RSC’s to contribute to the development of the new work plan of the EU-CIS beyond 2013. The ambition of the EU-CIS, as agreed by the Marine Directors meeting in May 2013, is to further strengthen the role of the RSC’s by asking them to:

Contribute to the CIS work programme on the different working areas;
Support some reporting obligations of the EU member states within RSC “roof reports”[2];
Exchange information on developments within their RSC;
Contribute to practical coordination, e.g. joint time/calendar planning.

The Marine Directors also stressed the important input of Member States and the European Commission as parties to Regional Sea Conventions and the specific role of those which are party to more than one Regional Sea Convention to foster better cooperation between RSCs (and indeed River Commissions).

This document is the OSPAR Commission response to the invitation of the EU-CIS to strengthen the role and to streamline the work of this particular RSC. At the same time it has the aim to guide our update of the OSPAR work programme on the regional coordination of the implementation of the MSFD, within the road map as set out in 2010. It does so by linking our five priorities stated in 2012 to the concrete questions asked by the EU-CIS to the RSCs in the MSFD Common Implementation Strategy – future priorities – document.

To take a pragmatic approach on linking OSPAR work to the EU-CIS, this document follows the structure of the working areas of the EU-CIS:

Section 2: Basic perspective on the role of OSPAR in relation the EU-CIS
Section 3: Assessment and monitoring of the marine environment
Section 4:Information and knowledge exchange on the marine environment and joint OSPAR documentation for Member States’ reporting
Section 5: Management, measures, economic and social analysis of human activities affecting the marine environment
Section 6: Cross-cutting issues

Each section will take up the questions asked to the RSC’s, linked to the activities described for that specific working area.

The document does not provide views on the EU CIS structure and procedure.

This document can be seen as a follow-up to the OSPAR publication Finding Common Ground and will thereby further contribute to the structuring of OSPAR internal work on the regional coordination of the MSFD implementation by OSPAR Contracting Parties that are Member States of the EU.

2. Basic perspective on the role of OSPAR in relation the EU-CIS

General considerations

The dedicated mission of an RSC such as OSPAR to foster marine environmental protection equips it with the experience, expertise and detailed knowledge about the status of its marine region, which are unique strengths as required for regional coordination of MSFD implementation.
The consensus decision-making of Contracting Parties working together is a prerequisite for reaching viable solutions that meet the Contracting Parties’ needs and the MSFD needs.
Nested institutional organisation is required to find solutions to problems that transcend the smaller scales. This is a very central issue for effective marine environmental policy so that measures are implemented at all scales necessary. Even though this implies some 'redundancy' between levels, this is necessary to ensure coherence and effectiveness.
The current economic constraints require all actors to be extremely vigilant to the efficiency of work at all levels. The regional level can only be efficient if the EU and the Member States have resources (human resources / time / financial resources) to contribute to all levels required.

Current challenges

Too many meetings at regional and EU level. This is especially challenging for (smaller) MS with waters in different basins and is not efficient in terms of use of resources.
In order to deliver the MSFD’s integrated adaptive, cyclic and coordinated work at all geographic scales increased numbers of policy and expert staff will be needed. Efficiency decreases considerably when access to, and use of, information is uneven between countries and between the policy, the management and the expert level.
Regional level work needs to be seen to be on the critical path for correct MSFD delivery.
EU-level work often seen as the main (& default) solution level – are alternatives better?
How to balance a “European wide level playing field” against respecting the different ecosystems and geography of marine (sub)regions all over Europe?
How to balance at EU level control of the implementation of the Directive against subsidiarity and proportionality?
How to engage and make best use of processes and instruments in other policy areas to enhance synergy?
MS need to prioritise resource allocation.

What is the OSPAR perspective on EU / RSC work division?