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Marine Strategy Framework Directive

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Directive 2008/56/EC
European Union directive
TitleMarine Strategy Framework Directive
Made byEuropean Parliament & Council
Made underArticle 175(1)
Journal referenceOJ L 164, 25.6.2008, p. 19–40
History
Date made17 June 2008
Entry into force15 July 2008
Implementation date15 July 2010
Other legislation
Amended byCommission Directive (EU) 2017/845
Current legislation

The Marine Strategy Framework Directive (MSFD; full title: 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) is a European Directive aimed at achieving or maintaining Good Environmental Status (GES) in European seas by the year 2020.[1][2]

This goal had not been achieved by 2020 in all EU waters across all GES descriptors.[3]

Background

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Prior to 2008, the European Union had a laissez-faire approach to the regulation and management of the marine environment, resources and ecology.[4] Maritime disputes between Member States would often result in arbitration proceedings, such as the MOX Plant Case (Ireland v. United Kingdom) of October 2001.[5]

In 2001, 90% of oil trade with the EU was seaborne and almost 70% of imports passed the shores of Brittany and the English Channel. To minimize risk of polluting shipping disasters, the European Commission recommended maritime safety measures such as phasing out single-hull tankers, and creating a European Maritime Safety Agency.[6] Following the major oil spills of MV Erika in 1999 and MV Prestige in 2002, the European Commission recommended the adoption of international maritime rules in April 2002, notably those of the IMO, of which the EU has never been a full member.[7][8]

On 22 July 2002, the European Commission's Sixth Community Environment Action Programme (6th EAP) was defined to set European environmental policy up to 2010.[9]

In October 2002, the European Commission reported that there was no integrated policy in existing EU policies and legislation to protect the marine environment, and proposed a strategy to promote sustainable use of the seas and oceans as well as conservation of global marine ecosystems.[10] The resultant strategy outlined in October 2005 defined a dual EU and regional approach; common co-operation among Member States and third countries bordering EU waters, but planning and execution of measures taken at regional levels due to diversity of conditions, problems and needs of each marine region. Additionally, it concluded that a binding legal commitment was required from Member States to ensure adequate levels of protection from each state. As such, an EU Directive was chosen as the legal instrument for the strategy.[11]

Overview

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The Marine Strategy Framework Directive (MSFD) establishes a framework for Member States to attain good environmental status in the marine environment by the year 2020. The marine strategies developed by each Member State must be implemented to protect or restore marine environments, as well as, reducing and preventing inputs to the marine environment to phase out pollution.[2]

The scope of the directive applies to Member States' sovereignty and jurisdiction over the Baltic Sea, the North-east Atlantic Ocean (composed of the Greater North Sea, the Celtic Seas, the Bay of Biscay, the Iberian Coast, and the Macaronesian biogeographic region), the Mediterranean Sea and the Black Sea, with various subdivisions defined. Member States sharing marine regions are required to cooperate so as to have coherent strategies across regions.[2]

First Implementation of the MSFD

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On 17 June 2008, the Marine Strategy Framework Directive was created. It was published on 25 June 2008 and came into force 20 days later, on 15 July 2008.[2]

EU Member States were given two years to transpose the MSFD into national legislation with the infringement deadline of 15 July 2010.[2]

Initial assessments on current environmental status of waters and the environmental impacts of human activities were to be completed by 15 July 2012.[2] By December 2013 "all but a few" Member States concerned had reported to the European Commission. Most states had reported on most articles and the 11 qualitative descriptors of GES, however the quality of report varied widely between countries and descriptors[12]

The target year of 2012 was set for establishing and maintaining ecologically representative systems of marine protected areas during the 7th Conference of the Parties to the Convention on Biological Diversity.[13] The MSFD was designed to support this initiative.[2]

Establishment and implementation of monitoring programs for ongoing assessments and updates of targets were to be completed by 15 July 2014.[2] All Member States apart from Malta, Greece and Poland reported their monitoring programmes on time.[14]

The European Commission was set to present a first evaluation report on the implementation of the MSFD within two years of receiving all programs of measure and, in any case, by 2019 at the latest. Subsequent reports by the European Commission are set to be published every six years thereafter.[2] The initial 2017 report found that only a few member states had operational monitoring programmes in place by 2014, with many members expecting to be fully in place by 2018 or after 2020, by which GES was expected to be achieved.[14]

In 2018, the second cycle of MSFD implementation was set to start. The Commission recommended all member states take action to fully implement monitoring programs to avoid gaps in assessment by 2018.[14]

2020 was the target set in the MSFD by which to achieve good environmental status in all marine environments. Provisions were outlined for two cases in which Member States could not achieve GES by 2020; if a Member State is unable to meet environmental targets due to actions outside of their control, or if an environmental issue is found but cannot be tackled by measures at the national level without compromising other community or international agreements.[2] This goal was not achieved in all EU waters across all descriptors.[3]

See also

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References

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  1. ^ European Commission - Legislation: The Marine Directive
  2. ^ a b c d e f g h i j "Directive - 2008/56 - EN - EUR-Lex". eur-lex.europa.eu (European Law). 25 June 2008. Archived from the original on 5 July 2024. Retrieved 16 July 2024.
  3. ^ a b "EUR-Lex - 52022XC0314(01) - EN - EUR-Lex". eur-lex.europa.eu. 14 March 2022. Archived from the original on 22 August 2023. Retrieved 17 July 2024.
  4. ^ Long, Ronán. "The Marine Strategy Framework Directive: A New European Approach to the Regulation of the Marine Environment, Marine Natural Resources and Marine Ecological Services". Journal of Energy and Natural Resources Law. 29: 1–44 – via researchgate.
  5. ^ "Cases | PCA-CPA". Permanent Court of Arbitration (Cour Permanente D'Arbitrage). 16 July 2024. Archived from the original on 4 March 2024. Retrieved 16 July 2024.
  6. ^ "European Transport Policy for 2010: Time to Decide - White Paper. COM (2001) 370 final, 12 September 2001" (PDF). Archive of European Integration (AEI). 12 September 2001. Archived (PDF) from the original on 19 May 2023. Retrieved 16 July 2024.
  7. ^ "Briefing European Parliamentary Research Service - EPRS_BRI(2016)577964_EN" (PDF). European Parliament. February 2016. Archived from the original (PDF) on 7 June 2023. Retrieved 16 July 2024.
  8. ^ "EUR-Lex - 52002SC0381(02) - EN - EUR-Lex". EUR-Lex. 9 April 2002. Retrieved 16 July 2024.
  9. ^ "Sixth Environment Action Programme | EUR-Lex". eur-lex.europa.eu. Retrieved 2024-07-18.
  10. ^ "Towards a strategy to protect the marine environment". eur-lex.europa.eu. 2 October 2002. Archived from the original on 17 July 2024. Retrieved 17 July 2024.
  11. ^ "Thematic Strategy on the Protection and Conservation of the Marine Environment {SEC(2005)1290}". eur-lex.europa.eu. 24 October 2005. Archived from the original on 18 November 2022. Retrieved 17 July 2024.
  12. ^ "EUR-Lex - 52014DC0097 - EN - EUR-Lex". eur-lex.europa.eu. 2014. Archived from the original on 4 November 2022. Retrieved 17 July 2024.
  13. ^ "COP Decision VII/5" (PDF). Convention on Biological Diversity. 27 February 2004. Archived (PDF) from the original on 18 July 2023. Retrieved 17 July 2024.
  14. ^ a b c "EUR-Lex - 52017DC0003 - EN - EUR-Lex". eur-lex.europa.eu. 16 January 2017. Retrieved 17 July 2024.
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