1. Reporting for MSFD Article 13 and 14 –
Programmes of measures, exceptions
European Commission
DG Environment Unit C.2
Marine Environment and Water Industry
WG GES
20-21 October 2014, Brussels

2. MSFD Programmes of Measures and exceptions
Art. 5(2b) Programme of Measures
(i) develop, by 2015 at the latest, a programme of measures to achieve or maintain good environmental status, in accordance with Art. 13(1), (2) and (3);
(ii) entry into operation of the programme, by 2016 at the latest, in accordance with Art. 13(10)
Art. 14 Exceptions
MS to identify instances where the environmental targets or GES cannot be achieved (reasons a-e)
Identify these instances clearly in its programme of measures
Art. 16 Commission assessment
Assess whether the programmes constitute an appropriate framework to meet the requirements of the Directive;
Consider the coherence of the programmes within the different marine regions or subregions and across the Community;
Within six months of receiving all notifications, inform Member States whether the programmes are consistent with the Directive and provide guidance on any modifications it considers necessary.

3. Approach to reporting of PoMs
Same approach as WFD reporting on PoMs
Focus on use of Key Types of Measures (KTMs) and indicators (= MSFD targets)
KTMs relate directly to the problems (pressures) which need to be reduced
Information fields requested per measure are similar to WFD reports
Builds upon WFD reporting
WFD measures which also contribute to MSFD are ONLY reported under WFD
WFD reports amended to allow links to MSFD reports (i.e. measure is shown as relevant for Descriptor X, target Y and Annex III element Z).
Focused reporting to COM
Provide reference (web link) to where MS holds information on general approach and details on each measure ('fact sheets')
Reporting on key information (data) to be used for statistics and Art. 16 assessment

4. 25 KTM’s for WFD
Examples of the relevance of WFD KTM’s to MSFD
KTM (WFD)
Relevance for MSFD 1
Construction or upgrades of wastewater treatment plants
Reduction of nutrient loads & solid particles (D5, D10) 2
Reduce nutrient pollution from agriculture
Reduction of nutrient loads (D5) 3
Reduce pesticides pollution from agriculture.
Reduction of contaminants loads (D8, D9)

5. 13 new KTMs for MSFD – based on Annex III Table 2 Pressures
Proposed new KTMs for MSFD reporting 26
Measures to address physical loss of seabed habitats in the marine environment 27
Measures to address physical damage to the marine environment 28
Measures to address inputs of energy to the marine environment, including underwater noise 29
Measures to address marine litter 30
Measures to address interferences with hydrological processes in the marine environment 31
Measures to address contamination by hazardous substances (synthetic substances, non-synthetic substances, radio-nuclides) and the systematic and/or intentional release of substances in the marine environment from sea-based or air-based sources 32
Measures to address nutrient and organic matter inputs to the marine environment from sea-based or air-based sources 33
Measures to address the introduction and spread of non-indigenous species 34
Measures to address biological disturbances in the marine environment from the selective extraction of species including incidental non-target catches 35
Measures to address other types of biological disturbance, including death, injury, disturbance and translocation of marine species, introduction of genetically-modified individuals and introduction of microbial pathogens 36
Measures related to Spatial Protection Measures for the marine environment 37
Economic incentives: management measures which make it in the economic interest of those using the marine ecosystems to act in ways which help to achieve the good environmental status objective. (Annex VI MSFD) 38
Research, improvement of knowledge base reducing uncertainty in the marine environment

6. Reporting on MSFD PoMs and exceptions
MS reports due by end March 2016
PoM draft Recommendation (May 2014) included outline guidance on reporting
Reporting concept paper at WG DIKE (29-30 September 2014); discussed also at WG ESA (15 October)
Approach presented to WFD community (SCG, WG PoM, WG DIS) in October 2014
Further development with review at a drafting group meeting on 28 October 2014
Aim for 'final version' of a Reporting Sheet by MSCG (10-11 November 2014)