1. Marine Strategy Framework Directive: Status of reporting
European Commission
DG Environment
Marine Environment and Water Industry Unit
MSCG
10-11 November 2014, Brussels

2. Conformity checking of MSFD transposition
State of play
Pilots and infringements
Reporting under Art and Art 11
Public participation obligations under Art 19
Public consultations on Art
Public consultations on Art 11
Objectives of the presentation:
- to present the state of play of transposition conformity check
- to present status of reporting
Disclaimer: simply update on where we are, not an indication of any future action (closing or opening procedures)
DG ENV

3. Transposition - Conformity Checking
Batch
Member States concerned
Pilots
N°1 – 2011
13 Member States
BE, DK, ES, IT, NL, PT, SE, UK, LV, LT, SI, BG, RO
Transposition adequate and/or pilots/infringements closed for BE, BG, ES, IT, LV, NL, PT, RO and SI
N°2 – 2013
2 sets of studies received
Dec 2013
Feb 2014
9 Member States
FI, CY, GR, IE, MT
PL, DE, EE, FR
Studies being assessed
N°3 – 2014
1 Member State: HR
Study being assessed
NB: No conformity checking for landlocked countries
NB All Member States have transposed the MSFD into their national legislation, although PL only completed this in early 2013 following legal action from the European Commission (C- 245/12 - Commission / Poland). After receipt of the national legislation, the Commission undertakes a conformity check for each Member State, excluding landlocked Member States who are not concerned by this exercise (AT, CZ, HU, LU, SK).
Main message:
Conformity checking on transposition has been done by batch, taking group of country after group of country: 3 batches
Be careful, the above doesn't mean that the tranposition is fine
Conformity checking = studies, that are being assessed, to evaluate whether necessary to open pilot / request clarifications. This has been done for the 1st batch, a number of pilots that had been open are now closed (more details on pilots under this 1st batch on following slide)
We are aware a number of countries are currently taking action to resolve the problems

4. EU Pilots – Based on conformity checks
EU Pilots still open: SE, LT, UK
SE: answer to further questions being assessed by the EC
LT: reply being assessed by EC
UK: reply being assessed by EC
Letters of Formal Notice sent to: DK, LV, IT
Procedure closed for LV, IT
DK currently undertaking the necessary changes
Possibly additional pilots
Once conformity checking assessed for all MS
Out of the 1st batch of conformity checking (13 MS): 9 MS now being assessed as adequate. Out of this batch:
3 pilots still open
3 LFN sent, but procedure closed for 2 countries, and 3rd country undertaking changes
!! Possibly additional pilots for countries from 2nd and 3rd batches!
DG ENV

5. MSFD Scoreboard Last udpated 31 Oct 2014 Art. 26 Art. 7 Art. 8/ 9/10
Last udpated 31 Oct 2014
Art. 26
Art. 7
Art. 8/ 9/10
Art 11
Belgium
Bulgaria
Croatia
Cyprus
Denmark
Estonia
Finland
France
Germany
Greece
Ireland
Italy
Art. 26
Art. 7
Art. 8/ 9/10
Art 11
Latvia
Lithuania
Malta
Netherlands
Poland
Portugal
Romania
Slovenia
Spain
Sweden UK
HR now reported on everything: Art 8(1)(a)(b), Art 9, art 10, Art 11 except Art 8(1)(a)(c)
Based on fish scoreboard available on website
Compared to last version from May, additional column concerning reporting obligations under Art 11 (due )
Received
Part received
Not received

6. EU Pilots - Art 8, 9 & 10 Reporting
EU Pilots still open: PL and HR
PL: reports still missing
HR: reporting almost complete, only Art 8(1)(c) missing
LFN for PT (Madeira, Azores)
EC assessing PT reply
EU Pilots - Art 11 Reporting
Possibly additional pilots for non-reporting under Art 11 by 15 October 2014
DG ENV

7. Public Participation – Art 19
DG Environment, Unit D.2 Marine Environment and Water Industry
Public Participation – Art 19
Articles 8, 9 & 10
18 countries had websites & dates of public consultation
2 MS gave dates of consultation but no other details (BG, IT)
3 returned no information LV, MT, HR, IE
4 EU Pilots launched for IE, EL, LV and EE: closed for LV and EE, still being assessed for IE and EL.
Article 11
21 MS provided links to websites and details of timing
2 MS provided the link to a website but no detail about timing (GR, MT)
- Under Art 19, obligation to consult interested parties and open public consultations on elements of their marine strategies
- Improvement between consultations under Art and Art 11