EU SPECIFIC WATER LEGISLATIONS

Directive 2008/56 of 17 June 2008 establishing a framework for community action in the field of marine environmental policy, also called the “Marine Strategy Framework Directive” makes it a “priority” to achieve or maintain “good environmental status in the Community’s marine environment” by 2020 (Article 1 and Recital No. 8) by laying down a transparent and consistent legislative framework, which is not its only or less notable resemblance with the Water Framework Directive.

Directive 2008/56 applies to all “marine waters” on which a Member State has and/or exercises its jurisdiction or rights in accordance with the United Nation Convention on the Law of the Sea (“UNCLOS”) as well as coastal waters, if in the subject matter of the WFD in so far as particular aspects of the environmental status of the marine environment are concerned are not already addressed therein or in other Union legislation (Articles 2 and 4(1)). Member States may however take account of the specificities of the marine regions established by the Marine Strategy Framework Directive, i.e. the Baltic Sea, the North East Atlantic Ocean, the Mediterranean Sea, and the Black Sea and of those of the sub regions defined within them (Article 4).

Each Member State develops, in respect of each concerned region or sub region, a marine strategy for its marine waters (Article 5(1)). To this end, it makes an initial assessment of the essential features and characteristics and of the current environmental status of those waters, an analysis of the predominant pressures and impact thereon including human activities, as well as of discernible trends, and an economic and social analysis of the use of those waters and of the cost of degradation of the marine environment (Article 8(1)). It then establishes a comprehensive set of environmental targets and associated indicators corresponding to their good environmental status (Article 10). Based on those preparatory steps, which were planned for 2014, monitoring programmes are adopted for the ongoing assessment of the environmental status by reference to defined environmental objectives (Article 11).

Member States were also to identify by 2015 the measures to be taken “in order to achieve or maintain good environmental status” for each marine region or sub region by reference to the defined environmental objectives, and to integrate them into a programme of measures giving “due consideration to sustainable development and, in particular, to the social and economic impacts of the measures envisaged” (Article 13). However, an exception is provided for in the case of action or inaction for which the Member State concerned is not responsible, of natural causes or force majeure as well as “modifications or alterations to the physical characteristics of marine waters brought about by actions taken for reasons of overriding public interest which outweigh the negative impact on the environment, including any transboundary impact” (Article 14(1)).

Marine strategies are developed for each marine region or sub region in close cooperation with any Member State involved and third-countries, where these are involved, through existing institutional cooperation structures, notably those of Regional Sea Conventions (Recital No. 13 and Article 6). Where the status of the sea is “so critical as to necessitate urgent action”, similar cooperation should take place to devise a plan of action providing for an early entry into operation of programmes of measures as well as possible stricter protective measures (Article 5(3)).