The Marine Strategy Framework Directive (MSFD) adopted in July 2008 aims at achieving or maintaining a good environmental status by 2020 at the latest. It is the first legislative instrument in relation to the marine biodiversity policy in the European Union, as it contains the explicit regulatory objective that "biodiversity is maintained by 2020", as the cornerstone for achieving good environmental status.  It enshrines in a legislative framework the ecosystem approach to the management of human activities having an impact on the marine environment, integrating the concepts of environmental protection and sustainable use. In order to achieve the objective the Member States have to develop Marine Strategies which serve as Action Plans and which apply an ecosystem-based approach to the management of human activities. An important point is the regional cooperation required at each stage.

The Commission Decision on criteria and methodological standards on good environmental status (GES) of marine waters in the framework of Article 9 (3) of the MSFD contains a number of criteria and associated indicators for assessing good environmental status, in relation to the 11 descriptors of good environmental status laid down in Annex I of the Directive.  The criteria build on existing obligations and developments within the EU legislation, covering further relevant elements of the marine environment, not yet addressed in the acting policies. Once adopted, the Decision will be a major stepping stone to establish precise objectives for the achievement of GES within the implementation of the MSFD.

However, there is a need to distinguish between criteria that are fully developed and operational and others that require further refinement.  The Decision will require a timely revision, in view of the need to develop additional scientific understanding for assessing good environmental status in a coherent and holistic manner.  It addresses mostly methodological standards that are available under other Community legislation and further development of methodological standards is required, in close coordination with the establishment of monitoring programmes. 

The Decision was strongly supported by the regulatory Committee of 12 May 2010 and is due to be adopted by the European Commission, subject to the completion of the regulatory scrutiny in the summer of 2010.

Qualitative descriptors for determining GES (Annex I)

• Descriptor 1: Biological diversity
• Descriptor 2: Non-indigenous species
• Descriptor 3: Population of commercial fish / shell fish
• Descriptor 4: Elements of marine food webs
• Descriptor 5: Eutrophication
• Descriptor 6: Sea floor integrity

• Descriptor 7: Alteration of hydrographical conditions
• Descriptor 8: Contaminants
• Descriptor 9: Contaminants in fish and seafood for human consumption
• Descriptor 10: Marine litter

• Descriptor 11: Introduction of energy, including underwater noise

Challenges

Need for scientific support

A major challenge in the implementation of the MSFD is to attain the necessary scientific knowledge of the elements that define the state of the marine environment and a substantial need to develop additional scientific understanding to underpin the Decision and to secure a successful revision. For a number of criteria and indicators the need for further development and additional scientific information has been identified. Increasing scientific knowledge on the marine environment and its processes is required to adequately achieve the Directive's goal. .

This knowledge needs to the developed, in particular, through the EU Strategy for Marine and Maritime Research (COM (2008) 534) in the framework of the IMP. 

One of the major results of the EUROMARES Conference (Gijόn, 18-19 May 2010) was the need for a long term structures partnership between marine research and marine environment policy. (The Commissioner proposed in his speech during the Maritime Days a permanent research structure:).

Science must provide the knowledge upon which integrated management can build the tools for assessing progress towards good environmental status. 

Challenges for successful implementation

Further challenges include

• The need to devise appropriate financing strategies, tapping into all relevant financial resources within the EU, in coherence with Article 22 of the MSFD;
• The integration of sectoral policies, whether maritime sectors or activities on land affecting the marine environment;
• Active dissemination and communication on the marine environment

• Enhanced participation of stakeholders at all levels: national, regional, European and international.  The organisation of major events could contribute to this end. 
  

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The Commission Staff Working Paper on the Relationship between the initial assessment of marine waters and the criteria for good environmental status was prepared in support to the implementation of the Marine Strategy Framework Directive (2008/56/EC). This technical document provides important guidance to Member States to accompany the Commission Decision of 1 September 2010 on criteria and methodological standards on good environmental status of marine waters. Together, these documents provide a better understanding of the Directive and will therefore allow Members States to take the necessary measures to achieve or maintain good environmental status in the marine environment by the year 2020.