Draft Summary Minutes

MSCG Marine Strategy Framework Directive Brussels Marine Strategy Coordination Group (MSCG) 12-13 November 2013

Document: Minutes of the meeting (DRAFT)

Date prepared: 18-11-2013

Prepared by: DG Environment & Milieu

DRAFT SUMMARY MINUTES 1 Welcome and Introduction

The meeting was chaired by Joachim D’Eugenio, Deputy Head of the Marine Environment and Water Industry Unit. A list of participants is given in Annex 1. The papers and presentations for the meeting are listed in Annex 2, and are available on CIRCABC1. The Commission opened the meeting and welcomed all participants. 2 Adoption of the agenda and of the Summary Minutes of the Meeting of 05/06 May 2013

The Chair presented a slightly updated draft agenda which had been distributed to the participants (Document MSCG11/2013/01rev2). He welcomed the proposal made by France to inform the MSCG of the outcomes of the recent conference on MPAs (IMPAC-3) held in Marseille under point 11 of the agenda. The meeting approved the Draft Agenda and the summary minutes of the meeting of 05/06 May 2013 (Document MSCG11/2013/v1), which incorporated comments received from NL and EEA. 3 Practical working arrangements: list of stakeholders

Introduction The Chair introduced the working arrangements under the Rules of Procedure, the same document as was discussed previously by MSCG, and the up-dated list of observers (Documents MSCG11/2013/02 and 03). The Chair noted that the General Fisheries Commission for the Mediterranean (GFCM) and the Mediterranean Protected Area Network (MEDPAN) had been added, whilst the application of Ocean Care, included in the Annex, is still pending. Discussion The Chair underlined that the Commission had no objection to this application but that if the MSCG approves their observer status, it involves that international organisations could be accepted under the

1 MSCG Meeting documents (https://circabc.europa.eu/w/browse/85264644-ef32-401b-b9f1-f640a1c459c2) criteria for stakeholders’ approval. To the question whether ACCOBAMS could be invited to join, the Chair emphasised that such stakeholders had to express their interest and apply, with the MSCG taking the decision to accept them or not as observers. Conclusion The MSCG approved the application of Ocean Care. 4 Preparation of Directors meetings on 5 December 2013

Introduction The Lithuanian Presidency noted that the agenda was still under preparation and invited comments, especially on the paper for the joint meeting. It pressed the delegations which had not yet done so to register, informing that the registration was extended until 30 November. The Chair introduced the draft agenda for the Marine Directors (MSCG11/2013/04) and for the joint Nature, Water and Marine Directors meeting (MSCG11/2013/05a), noting that it was the first time such a joint meeting takes place. He also presented the background paper for the orientation debate (MSCG11/2013/05bis) the preparation of which had involved six internal units from DG Environment. This document was circulated to the Coordination Group for Nature and Biodiversity and presented at the last WFD SCG meeting. An up-dated document will be circulated on 15 November. Discussion There were no remarks on the draft agenda for the Marine Directors' meeting. Several MS welcomed the approach followed by the background paper, noting that practical answers should also be put on the table to stir a more active debate. One MS noted that the EEA involvement would allow a wealth of experience to be brought in. In response to one MS’s remark, the Chair emphasised that the aim was the integration of environmental policies together rather than their integration into sectoral policies. The Common Fisheries Policy (CFP) is part of the discussion because it influences anyway environmental policies. He remarked that a document could be prepared to trigger more practical results while the MS could also make proposals to support operational conclusions. Conclusions The Chair reminded that any further remarks should be submitted before 14 November. 5 Future MSFD CIS process – Work Programme 2014-2018

Introduction The Chair introduced the three relevant documents: the main document on the work plan already agreed in principle by the Marine Directors (MSCG11/2013/06) noting the limited changes that had been made based on comments and on the Commission’s own initiative and two new documents: in Annex III the specific elements of the work programme relevant for the different marine regions (MSCG11/2013/07), which should be discussed together with an information document presented by DE (MSCG11/2003/17) and the Annex IV which had been compiled on the basis of contributions from the different Working Groups and Technical Groups (MSCG11/2013/08), which is proposed for endorsement. These will be complimented by short interventions by ICES and the GFCM. Discussion Document MSCG11/2013/06 One MS noted that a critical view should be kept on the very high number of CIS meetings considering working capacity within the WGs and the MS capacity to deliver. The question of dividing the work between the RSC and the WGs should also be kept in mind. Several MS presented detailed comments on the text of the document which are reflected in track changes in the revised version. Document MSCG11/2013/08 Specific comments on other mandates were discussed separately. Document MSCG11/2003/17 The contributions to the MSFD work programme from OSPAR, HELCOM, the Black Sea and the Mediterranean MS compiled in Annex III were presented to the MSCG, together with additional contributions from Germany and Sweden, and ICES. Romania presented the contribution on the Black Sea which has been developed through tri-lateral meetings also involving Bulgaria and the Commission. Spain explained that a specific programme was developed by the Mediterranean MS through an informal group. It will be used as a main tool for regional coordination and serve as an input to the Barcelona Convention process. The meetings will continue for the first half of the next year. Italy presented the Mediterranean Work Programme 2014-2018, that has been elaborated by the EU Mediterranean MSs informal group (Presentation MSCG11/2013/01) which consists in activities between the EUMSs and those proposed in the context of the Barcelona Convention. The OSPAR representative introduced the draft OSPAR contribution to the EU-MSFD Common Implementation (Presentation MSCG11/2013/02). Germany recalled the importance of HELCOM EU MS ownership of the process, noting the different nature of two legally-binding documents – the Directive and the Convention. The representative of the HELCOM secretariat presented the HELCOM contribution, in particular the history of the work carried out of direct relevance to the next steps of the MSFD implementation. The UNEP-MAP representative expressed its support to the process. UNEP/MAP is developing common indicators under its EcAp process with ownership of all CPs and participation of various partners e.g. ACCOBAMS. The new version incorporating comments from the CPs should be adopted in next COP meeting in Istanbul on 5 December. The CPs will discuss other relevant activities e.g. the Regional plan on marine litter, MPAs. Germany presented a Note on an informal brainstorming convened with Sweden, OSPAR, HELCOM and the EC in October (Document MSCG/10/2013/17, presentation MSCG11/2013/12). It was not an official opinion, but intended to provide food for thought, reflecting on the need to reinforce the involvement of RSCs, looking at substance, structure and procedures to identify the most efficient level of action for each element of work. The representative of ICES described the organisation’s future activities relevant to the implementation of the MSFD and its potential role in ensuring inter-regional coherence (Document MSCG11/2013/21). Its representative recalled GFCM’s role in advising on fisheries and ecosystems in the Mediterranean and Black Sea regions, notably in relation to indicators and a roadmap (Presentation MSCG11/2013/03). Many participants and the Chair welcomed these initiatives to link the RSCs activities and the MSFD implementation. They underlined the need to move forwards together and encourage practical implementation processes. Conclusion The Chair concluded that the three documents would be combined as one package, with a track change version reflecting the individual comments processed during the meeting on the Document ‘main part’ and Annex IV, and a clean version. These will be circulated to MSCG before the Marine Directors. MS will have the possibility to react to the document before the Marine Directors’ meeting. Silence will be considered as agreement. Then, all documents on the work programme together with Annexes III and IV will be submitted to the Marine Directors as a basis for a first discussion on how to move forward on the CIS work plan. The next MSCG meeting should discuss more concrete steps to coordinate with the RSC secretariats e.g. on priority setting and coordinated agendas. Suggestions to make short presentations on ideas would be welcome and should be provided to the Commission by 15 December in order to organise the MSCG agenda accordingly. The PCG could also serve as a forum to discuss some of the conclusions. The Article 12 assessment results should also input into the discussion and the work programme of the WGs. 6 Transposition, compliance and implementation of the Directive

a) Transposition of the Directive, competent authorities, reporting on Art. 8, 9 and 10: state of affairs The Commission presented the scoreboard on reporting (presentation MSCG11/2013/04). For countries which have not reported yet or in an incomplete manner, they will not be included in the Article 12 assessment. It also encouraged countries which have not yet submitted spatial information to do so. Romania mentioned that transposition was finalized (Law 205/2013) and received from EUPILOT by email that the transposition was accepted. BE and NL were in compliance. The Commission also presented the status of current conformity checking for transposition, which is done by batches and completed for 13 MS, with final studies for 9 MS soon to be ready. Follow-up is taking place through bilateral discussions. b) Article 12 assessment: state of play and outlook The Commission presented the progress to date on the Article 12 assessment, including the forward timeline (presentation MSCG11/2013/05). The deliverables will be a short Communication supported by a more detailed Commission Staff Working Paper. The questionnaire template and the consultant assessment reports will be made available separately. All should be ready for the Marine Conference in March 2014. The Commission may organise review meetings with MS. Technical in-depth assessments on selected issues by JRC and the EEA MSFD 2012 baseline assessment will complement the assessment. In response to one stakeholder’s question, JRC stated that the in-depth assessment involved comparing the MS reports against the MSFD and RSC requirements and a screening of best practices selected on the basis of expert judgement and use of recent work from projects. The EEA report on the state of the marine waters is a traditional state of the environment report based on all information reported by the MS. Responding to concerns expressed by some MS, that asked clarification on the time-line shown in the presentation, in particular ‘Nov/Dec 2013: finalisation of COM Art.12 report – Consultant report without assessment for information sent to MS’, the Chair explained that it was difficult to give more detailed feedback as the drafting process is still on-going. The time schedule is very tight, especially considering that substantive new information has been submitted as late as April 2013. High-level results will be presented at the Marine Directors’ meeting and then at the Marine Conference with a general discussion on the State of the Marine Environment and how MSFD can contribute. The national reports will not be presented at the Conference. 7 MSFD Common implementation strategy: WGs and other activities

A. Points for adoption (in accordance with Article 6 RoP)

a) MSFD Technical Guidance on Monitoring Introduction JRC presented the Guidance on Monitoring (Document MSCG11/2013/9, Presentation MSCG11/2013/06). The Chair thanked the JRC and all contributors for the guidance, which was presented on time despite tight deadlines and is a model for future work, especially in the way comments had been processed effectively. With regard to additional comments received later, the participants accepted the comments from GFCM (Document MSCG11/2013/09/comments). The Chair proposed to upload the comments by Finland, received too late and not copied to the MSCG members, on CIRCABC, noting that in the future comments should be copied to everybody and sent in advance. The format of the document was discussed. It will be published under the CIS banner and, in accordance with one MS remark, a specific foreword will be added to clearly differentiate what is a technical document from policy ones. Conclusion The document was endorsed and will be prepared by the JRC with track changes to integrate comments from Finland and the GMCF, with a deadline set to express objection if any. Then, the JRC will publish it in the same format as the one used for the Guidance on Monitoring Marine Litter. b) Guidance on marine litter (Documents MSCG11/2013/10a, 10b and 10c) The Commission expressed its gratitude to the TSG Marine Litter and presented the content of the guidance. The final version addresses the comments received and only minor editing points may be necessary. The Guidance is an example of successful collaboration between the EU and regional levels. Conclusions The MSCG endorsed the Guidance to be presented at the Marine Directors’ meeting and expressed its gratitude to the TSG Marine Litter and all experts involved. c) Guidance on underwater noise Introduction The Commission presented the guidance (Documents MSCG11/2013/11a, 11b, 11c and 11d) which incorporates comments and should be published in the same format as the guidance on litter. The Commission noted that the network of experts is still available to give advice to MS on monitoring. Discussion The MSCG expressed its gratitude to the TSG Noise and all experts involved. The Chair emphasised that this was an example as to how the Commission and MS can work together efficiently, in line with the spirit of the CIS. It was noted that the PCG could be used to pick up on recommendations made in the guidance on future research. Concrete suggestions for fostering the research agenda could be further discussed at the MSCG. Responding to one stakeholder, the Chair informed that the Commission will launch a study to look at the impact of renewable energy on biota, including field work. He also noted that OSPAR has started work on mitigation. Conclusion The MSCG endorsed the guidance to be presented at the Marine Directors’ meeting. It was agreed that the extra effort of the TSG experts (of both groups) should be recognised by the Marine Directors. d) Article 11 Monitoring Reporting Sheets Introduction The Commission introduced the Reporting Sheet for MSFD Article 11 (Document MSCG11/2013/12), which is very close to completion. However, the understanding of the “sub-programmes” for monitoring needs further clarification. It had been necessary to modify the reporting sheets to allow for more flexibility so that sub-programmes could have a wider variation and to enable reference to existing programmes. The feedback from the current testing phase on the web forms also needs to be accommodated. Discussion The Chair expressed his gratitude to WG DIKE, his colleagues and to Germany for hosting the 'fact sheet' workshop. Several MS emphasised that the final package should be approved at the next MSCG. While the testing shows that the tool is quite effective, it is likely that it will lead to changes. In addition, an agreement is needed on the definition of sub-programmes. The importance of a clear link with the existing reporting under the MSFD and coordination at the regional level was underlined. Conclusion The MSCG took note with the understanding that the document is the basis for the development of the final version which will be revised after completion of the testing. e) Article 19(3) Data Sharing Strategy Introduction The EEA presented the Strategy for access to MSFD data and information (Document MSCG11/2013/13). Further discussion will take place in technical workshops which the EEA and the European Topic Centre (ICM) will prepare: one on nutrients in early 2014, one on Copernicus and a third one on biodiversity. Discussion There was a general agreement to support the process, but also on the fact that Annex I of the document was not mature enough yet and should still be modified on the basis of the workshops and comments. Other points raised included the link with the work done under the Water Framework Directive in relation to Descriptors 5 and 8, the development of a common data model for the reporting period from 2018, and data sharing with non-EU countries. One MS expressed concerns about the administrative burden and the legal questions related to the collection and diffusion of data which are not strictly required under the MSFD (Article 19(3) in particular). The Chair noted the importance of a review and close coordination with the RSCs. Conclusion The MSCG took note of the document, agreeing the main document as a basis for further work, recognising that Annex 1 of the document needs further development i.a. by taking into account practical experience and should be revised on the basis of activities in 2014 of WG DIKE and the Technical Group on Data. B. Other points including information a) WG GES The Commission expressed its gratitude to Uli Claussen, co-chair of WG GES for its plan on how to further develop the Common Understanding document. Further information is available in the summary report in CIRCABC together will all presentations and documents. The Commission recalled the joint meeting in October 2013 of WFD's WG ECOSTAT and the MSFD's WG GES which discussed the relationship on assessment, focusing on eutrophication. A report will soon be available. The Commission also presented the results of the back-to-back workshop on scales and aggregations which will lead to development of guidance by WG GES (presentation MSCG11/2013/07). b) WG DIKE The Commission noted that decentralised reporting is still being discussed, together with the development of fact sheets and of joint documentation through the RSCs. There had been some initial considerations on the streamlining of reporting. c) WG ESA The Commission introduced progress of WG ESA and the draft outline for Article 13 Programme of Measures (document MSCG11/2013/14 and presentation MSCG11/2013/08), asking for a mandate on a follow up process. UK (co-chair of WG ESA) highlights that it would be particularly relevant to have more expert from GES side involved in the process. The Commission specified that as WG GES and ESA will not meet before the draft will be discussed at the next MSCG, the two WG will be consulted by e-mail. Then, before a final endorsement of the document in May by MSCG, WG ESA and GES will take care of the improvement of the document at their next meetings in March/April. Asked for clarification on the link with the Marine Expert Group, in particular as far as the study on MPA is concerned, the Commission explains that the study will much more focus on assessment of the coherence and the representativeness of the network than on the measures. MSCG agrees with the process described in doc MSCG11/2013/14. It is reminded that MSCG members should designate experts for the dedicated drafting group before 15 November. d) Project Coordination Group – reporting back from the meeting of 12/13 September The Commission recalled that the minutes are publicly available and gave a brief overview on the status of key ongoing projects (presentation MSCG11/2013/09). e) TGs on Noise, Litter and Data - progress report The Commission referred the MSCG to the progress report of the TSG Noise and Marine Litter (GES10/2013/08ab). Progress with TG Data had been included in an earlier item. 8 Relations to other Directives/Policies

a) Link to WFD (Report from WG Chemicals, joint GES/ECOSTAT workshop) With regard to the revision of the guidance document on biota, the Chair noted that JRC is making sure that marine aspects are reflected but without setting a new working group. Experts from MS and RSC can contribute electronically. If a guidance document emerged, it will need to be agreed in both WFD SCG and the MSFD MSCG. In response to one MS’s question, the Commission added that the WG Chemicals has been informed of the need to address monitoring of litter in the rivers with a link to river commissions. b) Link to Biodiversity and Nature (Report from Marine Expert Group and MAES workshop) The Commission presented the results of the workshop on mapping and assessment of marine ecosystem and their services, under the EU Biodiversity Strategy MAES process (Document MSCG11/2013/18 and Presentation MSCG11/2013/10). c) Integrating environmental policy for the marine environment The Commission presented its view on developing integrated environmental policy for the marine environment, which was in support of the forthcoming discussion at the Directors meeting (Document MSCG11/2013/16 and presentation MSCG11/2013/11). In response to several remarks, one of which addressed the usefulness of focussing on coordination of Programme of Measures in support of achieving separate objectives of three Directives rather than aiming to integrate these objectives, the Commission noted that one key question to be discussed by the Marine Directors is whether assessment/monitoring should be done in terms of policies in place or aligned e.g. on one specific element (e.g. seals) or issue (e.g. eutrophication). The project on data flow improvement between MS, the RSCs and the EU, due to start in early 2014, will also look at the links to EMODnet. 9 Commission’s Activities

The Commission presented its main activities (Document MSCG11/2013/15). It recalled that the HOPE Conference will take place on 3 and 4 March and the EU-wide clean-up day on 10 May 2014. 10 Regional Sea Conventions and Member States Activities

France informed the MSCG of the third world congress on MPAs (IPAC-3) organised by FR together with IUCN and followed by a ministerial meeting in Ajaccio which adopted a ministerial declaration on fulfilment of the CBD commitments. The main outcomes are on the web site of the French MPA agency2. To a question of the Chair on the link with the work under the Barcelona Convention, France noted that there is a strong link with the establishment of a coordinated network of MPAs in the Mediterranean and that it is preparing proposals for the next COP meeting. Romania reminded that the Black Sea Day was celebrated on 31 October. Romania with the BSC has organised the 4th Black Sea Scientific Conference ‘Black Sea –Challenges towards Good Environmental Status’ in Mamaia, Romania. At the conference, national and EU organisations’ experts looked at solutions for rehabilitation of the Black Sea ecosystem towards achieving GES. Romania added that a workshop of the Baltic2Black project will be held in Istanbul on 26-28/11. 11 Other issues

No other issues were raised. 12 Closure of the meeting

The Chair closed the meeting.

2 http://www.aires-marines.fr/ Annex 1: 11th meeting of the MSCG - List of participants

Member States LFirst Name Organization/Ministry Belgium VSaskia Belgian Federal Public Service - Health, Food Chain Safety and Environment Bulgaria Ba Stela Black Sea Basin Directorate, Bulgaria Denmark Ka Henning Danish Nature Agency Estonia Va Agnes Ministry of Environment of Estonia i Finland L Juha-Markku Finnish Environment Institute, Marine Research Centre (SYKE) Finland Ne Samu Finnish Environment Institute France Lu Christophe MEDDE e Germany I Heike Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit m Germany WChristine Ministerium für Energiewende, Landwirtschaft, Umwelt, und ländliche Räume des Landes Schleswig-Holstein Greece Te Athanasios Aristotle University of Thessaloniki Ireland Cs Richard Department of the Environment, Heritage and Local Government r Italy MOliviero Italian Ministry for the Environment, Land and Sea o Italy CGianna ISPRA Latvia Za Baiba Ministry of the Environmental Protection and Regional Development Lithuania Va Irmantas Ministry of Environment a Netherlands GReinier Ministry of Infrastructure and the Environment, RWS Centre for Water Management o Netherlands v Wim Ministry of Infrastructure and the Environment, DG for Spatial Issues and Water a Poland GPrzemyslaw Chief Inspectorate for Environmental Protection Portugal Mr José Manuel Direcção-Geral de Recursos Naturais, Segurança e Serviços Marítimos a Romania MOtilia Ministry of Environment and Climate Changes Slovenia Pi Monika Institute for Water of the Republic of Slovenia Slovenia Be Taoya Ministry of Environment o Spain ASagrario Ministry of Environment, Rural and Marine Affairs Sweden Pr Karin Swedish Agency for Marine and Water Management (SwAM) United Kingdom Me Richard Department for Environment, Food and Rural Affairs o United Kingdom P Dominic Department for Environment, Food and Rural Affairs a Regional Sea Conventions CDarius OSPAR Commission Secretariat Ga Gyorgui UNEP-MAP Lu Maria Helsinki Commission Secretariat Sa Maria UNEP-MAP i

Stakeholders AM General Fisheries Commission for the Mediterranean (GFCM) Ab Gustaf Coalition Clean Baltic (CCB) Bl Miguel General Fisheries Commission for the Mediterranean (GFCM) Be Jan Marine Strategy Navigation Group (NAVI) representative (International Navigation Association - PIANC) Dr Ann Seas At Risk FoNicolas Oceana HoClaus International Council for the Exploration of the Sea (ICES) La Irene BirdLife International VoNoemi Marine Strategy Navigation Group (NAVI) representative (Central Dredging Association - CEDA) VoBernard Oil and Gas Producers (OGP) a European Commission / EEA/ Consultants BAgnieszka European Commission, DG Environment (C.2) Ci Samuela European Commission, DG Mare Ca Trine European Environment Agency Ch David European Commission, DG Environment (C.2) DoJoachim European Commission, DG Environment (C.2) D' Leo European Commission, DG Environment (C.2) De Claire Milieu Ltd Mu Aurore European Commission, DG Environment (C.2) Ma Matthias European Commission, DG Environment (B.2) a Leonhard MCyril European Commission, DG Environment (C.2) Ri Eva European Environment Agency SoNigel European Commission, DG Environment (C.2) m Z Nikolaos European Commission, DG Joint Research Centre a Annex 2: 11th meeting of the MSCG - List of papers and participants

All the documents are available at: https://circabc.europa.eu/w/browse/85264644-ef32-401b-b9f1-f640a1c459c2

MSCG11/2013/01rev2 Draft Agenda MSCG10/2013/v1 Minutes May meeting MSCG11/2013/02 Working arrangements MSCG11/2013/03 Observers

MSCG11/2013/04 Draft agenda Marine Directors MSCG11/2013/05a and 05bis Joint directors discussion MSCG11/2013/06 (main part CIS workprogramme) MSCG11/2013/07 (annex3 CIS Workprogramme) MSCG11/2013/08 (annex4 CIS workprogramme) MSCG11/2013/17 (CIS_RSC brainstorm)

MSCG11/2013/09 and 09/comments Monitoring guidance MSCG11/2013/10a, 10b, 10c Monitoring guidance litter MSCG11/2013/11a, 11b,11c,11d Monitoring guidance noise MSCG11/2013/12 Reporting sheets MSCG11/2013/13 Data-access strategy MSCG11/2013/14 Draft recommendation Programme of Measures

MSCG11/2013/15 Commission activities MSCG11/2013/16 Marine integration streamlining MSCG11/2013/18 MAES workshop minutes MSCG11/2013/19 >See GES/10/2013 08ab Progress report TSG Noise and Litter

MSCG-11_2013_20_ICES_contribution for item 5

All the presentations are available at: https://circabc.europa.eu/w/browse/f2f20d07-6dc1-468c-b565-518d197b6b41 pres 1 EU -MED Work Programme pres 2 OSPAR MSCG pres 3 GFCM pres 4 MSCG 11_StatusofReporting_ENV pres 5 MSCG_11_2013_Art12_AssessmentProcess pres 6 JRC_MSFD_monitoring guidance_11thMSCG pres 7 MSCG_11-2013_ScalesAggregation pres 8 MSCG - PoM Recommendation pres 9 MSCG_11-2013_PCG update pres 10 MAES pres 11 MSCG_11-2013_PolicyIntegration pres 12 Outcome RSC-CIS streamlining