Review of Decision 2010/477/EU and MSFD Annex III 13th meeting of ESA working group 26-27 October 2015, Brussels Review of Decision 2010/477/EU and MSFD Annex III Current state of review European Commission DG Environment Marine Environment and Water Industry Unit

For information of ESA WG members 1 For information of ESA WG members 1. Process of the review of Decision 2010/477/EU and MSFD Annex III 2. Cross-cutting issues paper 3. Annex III review

The review of Decision 2010/477/EU and MSFD Annex III Response to findings of Commission’s Art. 12 report – insufficient clarity and coherence in the determination of GES MSFD Regulatory Committee mandate in 2013 for review and possible revision of Decision 2010/477/EU and MSFD Annex III Three phases: Scientific and technical review Consultation Policy development

Main aims of a revised Decision & Annex III Simpler; Clearer; Introducing minimum requirements (to be enhanced by regions and MS, if necessary); Self-explanatory; Coherent with other EU legislation; Coherent with regional assessment methods (where EU methods do not exist); Include a clear and minimum list of elements and/or parameters per descriptor (e.g. specified lists of contaminants, species, litter types, etc.).

GES Decision review – progress Phase 1 – scientific and technical reviews Technical review of Decision per Descriptor and Annex III – started in spring 2014, led by JRC and ICES and supported by expert networks and/or expert workshops MS and stakeholder comments on draft 'manuals' in period up to spring 2015 Manuals finalised for WG GES (April) and Committee (May 2015) Outstanding issues identified – short and longer-term actions, including further workshops on D1, D2 and D5 Phase 2 - consultation Consultation with MS and stakeholders on manuals & Annex III: May-July 2015 Compilation of comments and analysis – August-September Summary of comments -> WG GES (October)

GES Decision review – progress (2) Phase 3 – Policy development until now Jun. 15: Commission internal approval process started Aug. 15 onwards: drafting of revised Decision and Annex III, taking account of review manuals and consultation comments Aug. 15 onwards: discussions within DG Environment and other DGs (e.g. MARE, SANTE) to ensure coherence with other policies Oct. 15: initial proposals on Descriptors 8 & 9 and on Annex III to WG GES

GES Decision review – timing of possible next steps Phase 3- Policy development (possible next steps) Nov. 15: first draft examples on descriptors to MSCG / first draft proposal for Annex III to Committee Feb. 16: full text to MSFD Committee May 16: possible vote in MSFD Committee Autumn 16: formal adoption and publication (subject to favourable vote in Committee)

Cross-cutting issues Workshop (January 2015) Cross-cutting issues paper to WG GES (April 2015) MS and stakeholder comments on cross-cutting issues paper (May-June 2015) Updated version to WG GES (October 2015), comments until end October

Annex III proposal Provides a clear link to Annex I descriptors More clearly relates to Article 8 assessment needs Needs to be fully compatible with a (revised) GES Decision content may be adjusted as revised Decision develops Table 1: Structure, functions and processes of marine ecosystems Table 2a: Anthropogenic pressures on the marine environment Table 2b: Uses and human activities in or affecting the marine environment (new table)