1. Progress of intersessional work
Developing a
common understanding of
Articles 8, 9 & 10 MSFD
Progress of intersessional work by
WG GES co-lead Germany, drafting group (FI, FR, GR, RO, SE and UK) and the European Commission

2. Developing a common understanding
The process
Mandate: WG GES October 2010
Initiators: WG GES co-lead Germany, drafting group (FI, FR, GR, RO, SE and UK), European Commission
Initial draft: WG GES workshop on initial assessment
1st draft: WG GES workshop on GES and targets - 7 September 2011
Consultation of MS: 14 September
2nd draft: 23 Sep – revised version 30 Sep
Next step: MS to comment by 12 October
Aim: Finalisation for endorsement by MSCG and Marine Directors in November/December 2011

3. Developing a common understanding
Comments & next work
Written Comments from A, DE, DK, ES, NL, UK and NGOs
Precision and improving the text and illustrations (some still need to be addressed)
Initiating review of all examples (some still need to be addressed)
Aligning with Commission Staff Working Document and COM Glossary
Issues for future updates (living document)
Scales (spatial & temporal)
Differences/conflicts between MSFD and other EU legislation – synergies of EC directives
Assessment philosophy

4. Developing a common understanding
Comments
Main Issues requiring discussion
Differentiation between state-based and pressure-based descriptors, criteria & indicators? Is D3 a state-based descriptor?
Gaps in describing the common understanding of GES?
Communication of GES to the public/stakeholders?
Others?

5. Developing a common understanding
Identified issues
Gaps in information and knowledge
Qualitative and quantitative approaches to GES and environmental targets
Different types of environmental targets
Appropriate scales for assessments
MSFD key terms (“glossary”)

6. Developing a common understanding
The management cycles

7. Developing a common understanding
The main elements
Common understanding of Article 8
Approaches to Articles 9 and 10
Common understanding of Article 9
General principles relating to Article 10
Integrated approach to meet the requirements of Article 9 and 10
Towards a common assessment philosophy (future work)
Glossary

8. Developing a common understanding
Article 8 – (Initial) assessment
Gaps in information and data will remain and need to be treated transparently in national assessments
Assessments from 2018 onwards should fully consider the set of criteria and indicators of COM Decision 2010/477/EU
Evaluation of effectiveness of measures may not be possible in 2018, given the adoption of measures only in 2015 and delay in data collection and processing (latest data year for assessment is expected to be 2016)

9. Initial & follow-up assessments
a practical example from my experiences
Initially simple attributes are sufficient:
Dob
sex - male
length - 54 cm
weight g
name - Jan piet
Requirements increase in time:
Hair colour, curls? yes, not yet
can he walk? yes
can he talk? hm
can he swim? sure
can he play an instrument? Only one?
possible Final step
ready for any royal family?

10. Developing a common understanding
Approaches to implementing Art. 9 & 10
GES is a qualitative and/or quantitative description of the desired condition
The two approaches of Member States are both valid and expected to result in a set of environmental targets/thresholds/limits for state, pressure and impact
Member States should consider post 2012 in more detail the merits of theses approaches in order that any appropriate modifications or alignments can be made

11. Developing a common understanding
Article 9 – Determining GES

12. Developing a common understanding
Article 9 – Determining GES
Can be a relatively high level description of the desired condition of the environment
Should follow common principles, based on MSFD requirements and their interpretation, to guide determining GES including
Is not definite and will need to evolve over time
Gaps and deficiencies in GES reports for 2012 to be solved by 2018
In 2012
Give priority to those criteria and indicators which are currently applicable and operational, building on existing approaches (EU, regional sea conventions)
Identify gaps in methods and data or need for adaptation of existing approaches (e.g. scale, baseline, objectives) to fit MSFD requirements

13. Developing a common understanding
Article 9 – Determining GES

14. Developing a common understanding
Article 10 – Environmental targets

15. Developing a common understanding
Article 10 – Environmental targets
Quantitative and qualitative statement on the desired condition
State, impact and pressure targets
State and impact targets link with pressure targets, if possible
Targets should lead to measurable operational targets closely relating to measures where appropriate
Operational targets relate to management action needed but do not establish specific measures
All forms of targets are expected to guide programmes of measures
Any target can be set as an interim target to brake up the progress towards GES
Environmental targets must be compatible and consistent among themselves and with other existing national, EU and international obligations

16. Developing a common understanding
Article 10 – Environmental targets

17. Developing a common understanding
Article 10 – Environmental targets Examples related to D1
State
Impact
Pressure
Operational
Measure
Marine mammal populations will be maintained (in the long term) at no less than 80 % of carrying capacity
Annual by-catch of harbour porpoises should be reduced to below 1.7 % of the best population estimate
Cumulative input of noise from peak & continuous noise sources is reduced to levels below which impact on marine mammals
Introducing noise reducing measures, e.g. restrict amonut of “bang days”
Ensuring soft start etc. is used for each development using pile driving

18. Developing a common understanding
Integrated approaches for Articles 9 & 10
Practical steps in determining GES and establishing environmental targets
Overview of approaches for setting thresholds/limits/levels
Use of expert judgement
Regional coordination of determining GES and target setting
Coordination with Third Countries
Ensuring consideration of socio-economic aspects (cf. ESA guidance)

19. Developing a common understanding
Towards an assessment philosophy
Questions requiring further work
Approaches to assessing whether or not GES has been reached (e.g. distinction between state-based Descriptors (D1 ,3, 4 and 6) and pressure-based Descriptors (D2, 5, 7, 8, 9, 10 and 11)
Options for aggregation between Descriptors to assess the overall status, with possibilities of grouping rather than aggregating Descriptors
Options for aggregation / grouping at the level of criteria and indicators within a Descriptor
Need for more categories for reporting on GES than GES/non-GES, including the possibility for including trends

20. Thank you!