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Position statement on the
EC Communication Towards a strategy to
protect and conserve the
marine environment
(COM (2002) 539 final)
May 2003
INTRODUCTION
WWF welcomes the Commission Communication Towards a strategy to protect and conserve
the marine environment (COM (2002) 539 final) and believes that such a Communication,
which summarises the present situation with regard to development and implementation of
policies to control threats and sets environmental, operational and institutional objectives, is
long overdue.
The Communication represents the first step towards the building of a thematic strategy for the
protection of the marine environment. The loss of degradation of biodiversity resulting from
overexploitation of fisheries, changes in structure, loss of habitat, contamination by dangerous
substances and nutrients are of such severity that it is essential this work is progressed with the
greatest possible speed, and that the necessary resources are made available for development
and implementation of the Strategy.
WWF broadly welcomes the objectives and believes that ensuring these are implemented across
Europe’s seas will be of great value. We do, however, consider that the current Communication
could have been more progressive. For example, the commitments given by North Sea
Environment Ministers at the Fifth North Sea Conference (5NSC) in Bergen 2002 and the
Commitments given by all EU Member States at the World Summit on Sustainable
Development (WSSD) are not reflected in the Communication. It will be important to ensure in
the future that objectives are set which “push the boundaries” in terms of the management and
protection of Europe’s seas.
A brief reference is made to the impact of counter productive subsidies, which encourage overfishing or other activities, but no attention is paid to the “footprint” that EU Member States have
on developing parts of the world and the high seas. WWF believes this should be addressed in
the Strategy.
WWF strongly advocates the importance of stakeholder engagement throughout the process and
welcome the opportunity for stakeholder involvement. WWF is an environmental stakeholder,
with representation across EU countries and accession countries, with direct experience that can
contribute to the process.
WWF advocates the elaboration of all objectives and action with timelines.
WWF welcomes the principle of a Consultative Body as outlined at the Stakeholder Conference
in Denmark, December 2002.
AN ECOSYSTEM-BASED APPROACH TO THE MANAGEMENT OF THE MARINE
ENVIRONMENT
WWF considers the application of the ecosystem approach, incorporating the precautionary
principle, as fundamental to achieve the sustainable use of the seas, and in seeking truly
comprehensive and integrated governance. WWF endorses, therefore, the outcome from the
Stakeholder Conference in Denmark, December 2002, that recognises an ecosystem approach
as being core to the success of the Strategy, and the need to develop EU Guidelines on and
ecosystem approach. WWF identifies the following six points as critical for the development
and implementation of an ecosystem approach:
 The setting of a vision and environmental goals with stakeholder engagement
 Developing an integrated marine policy
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Assessing the resource and status of the resource (including the use of biodiversity, socioeconomic and risk assessments, and threats analysis)
Establishing a spatial planning system, incorporating mapping activities and a decision
making process to identify what activities can take place where
Identification of delivery tools, such as consents, permits and economic tools
Developing a strategy for delivery incorporating a legislative framework to delivering an
ecosystem approach
In taking forward the EU Marine Strategy WWF advocates:
 Delivery of an ecosystem approach:
- A vision for the seas of Europe and reflecting our “footprint” outside European seas
- An integrated marine policy to assist management on a regional basis
- Inclusion of a mechanism for strategic assessment, some of which could be developed
by the Strategic Environmental Assessment (SEA) Directive (2001/42/EC), and applied
to the full range of activities both in protected areas and the wider marine environment
on a regional or sub-regional basis
- A framework for spatial planning at a sub-regional level e.g. Southern North Sea or
Adriatic Sea to deliver both protection and management of Europe’s seas
- Delivery tools for the management of the resource through EU guidance and regulations
- An overall strategy, set against a regulatory backdrop, to show how the above can be
delivered, including fiscal measures, research, enforcement, monitoring and evaluation,
and involving extensive stakeholder consultation and participation
 Delivery of an integrated framework between Europe and relevant regional and
international bodies.
WWF proposes the inclusion of an overarching action to complement the overall objective set
out in the Strategy, incorporating the development of an integrated marine policy in coastal and
offshore waters.
CROSS CUTTING EU ISSUES
Agriculture and EU Water Policy
(including Water Framework Directive 2000/60 (WFD)):
WWF highlights eutrophication and use of agricultural pesticides as an example illustrating the
cross cutting nature of the Strategy and the need to work closely on agriculture and freshwater
issues to ensure the sustainable use and management of the marine environment:
 The need to tackle the input of nutrients into the environment at source, for example by
reducing nitrate application to agricultural land by aligning the aims of the Common
Agricultural Policy (CAP) with the Nitrates Directive (91/676) and the WFD at the earliest
opportunity via reform of the CAP.
 The improvement of water quality through management of river catchment, estuarine and
coastal areas through the WFD, the Nitrates Directive, and via Article 7 of Directive 76/464
on the pollution caused by certain dangerous substances discharged into the aquatic
environment of the Community.
 To reduce and eliminate nutrient impacts to ecosystems and wildlife including Natura 2000
sites.
The harmonisation of decision-making taken under CAP, WFD, the Nitrates Directive and the
Urban Waste Water Directive (91/271) to tackle eutrophication and the release of harmful
pesticides into the aquatic environment is essential. WWF note the opportunity of the mid-term
review of the CAP in 2003 and the reform of the CAP in 2006 to address this issue. WWF
urges the Commission to use these opportunities to deliver radical reform – from a policy that
supports farming that causes environmental damage (harming species and habitats that the
Commission seeks to protect under the Habitats Directive (92/43)), and which damages the
socio-economic interests of the Community (for example the estimated costs of treating
drinking water for nitrate and algal toxins in England and Wales is £39 million (approximately
62.4 million Euros)) to one that supports sustainable rural development.
Chemicals
The actions covering hazardous substances, in particular, necessitate integration with the EU
Chemicals Policy, and the WFD.
WWF urges the EU in developing the EU Chemicals Policy to:
 Adopt a precautionary approach
 Ensure that the new authorisation procedure is designed to phase out the use of chemicals of
very high concern, only authorising their use if no safer alternative is available and there is
an overriding societal need for use.
 Ensure that the definition ‘of very high concern’ includes chemicals that are persistent,
bioaccumulative and toxic (PBT), very persistent and very bioaccumulative (vPvB) or have
endocrine disrupting properties.
 Regulate the production and use of chemicals within Europe, and the import of chemicals,
preparations and articles into Europe.
 Ensure the availability and accessibility of data on market volumes and patterns of use,
therefore assisting with the identification of hazardous substances that may end up in the
marine environment.
 Note the long-term strategy including the principles and standards, on hazardous substances
adopted by the Regional Seas Conventions (RSC)
Climate Change
In addition to delivering on obligations under the Kyoto Protocol WWF highlights the need for
the Strategy to:
 Put offshore development (renewable energy) in the context of SEA and spatial planning
emphasising delivery of an ecosystem approach.
 Consider the assessment of the effects of climate change on marine ecosystems and on the
consequences for biodiversity and fisheries, and for coastal processes and implications for
coastal defence.
MARINE AND COASTAL ISSUES
Fisheries
WWF welcomes the fisheries objectives, particularly the need to look globally as well as just in
EU waters. However we have some concerns:
 Unfortunately, achievement of the objectives relies on the CFP reform and its
implementation. As the reform process is expected to be finalised during 2003 followed by
the implementation, this doesn’t necessarily constitute a long term objective.
 The objective lacks a deadline. The Johannesburg Plan of Implementation included a target
for the replenishment of fish stocks by 2015 (a target which the Fisheries Commissioner
said he hoped to achieve along time before that).
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The new proposals under the reformed CFP are considered to be the bear minimum required
to achieve restoration and sustainable management of fisheries and the wider ecosystem in
the future. If the CFP reform is watered down by the Fisheries Council, the EU Marine
Strategy must address the additional requirements to achieve the objective.
Although the Strategy relies for its fisheries actions on the CFP framework regulation and
other strategies and action plans produced as a result of the CFP reform, it must also seek
coherence with the EC Biodiversity Action Plan for Fisheries and the EC Action Plan to
Integrate Environmental Protection requirements into the CFP.
Nature Conservation and Habitat Destruction
WWF welcomes the commitment from the European Commission to pursue its efforts to fully
implement the Habitats and Birds Directives in the marine environment. However, the
implementation of the Natura 2000 network in the marine environment has been dramatically
overlooked during the last ten years of the process resulting in further damage to sites and
negative impacts to species.
WWF welcomes the proposed reference to integration of policy issues with nature conservation
goals, and notes the need for sustainable management of areas of high biodiversity and
productivity.
WWF welcomes the reference to adapt the annexes to the Habitats Directive (92/43/EEC of 21
May 1992) noting the opportunity to increase the range of marine and coastal habitats and
species, so increasing representivity in the marine environment. However, WWF wishes to
stress that this should not deter Member States and the European Commission from increasing
their efforts to effectively implement the existing provisions for the protection of the marine
species and habitats. This refers in particular to the designation, protection and management of
marine Natura 2000 sites for species and habitats already listed in the Directives, and the
establishment of a system of strict protection of species and the monitoring of incidental capture
and killing.
Coastal Zone Management
WWF note that the adoption of the EU Recommendation for the implementation of Integrated
Coastal Zone Management (ICZM) in Europe (May 2002/413/EC) should also lead to a more
integrated approach for management of the coastal environment and adjoining seas. It
recommends management of the coastal zone with reference to the 6 th Environmental Action
Programme. Implementation of the Recommendation, for example by facilitating integrated
working of stakeholders, can aid implementation of this Strategy. It will, therefore be
advantageous to recognise the obvious links between this Strategy and the Recommendation,
and plan to establish strong links between each set of actions.
Offshore Activities
WWF welcomes the proposed EU action to make proposals for the implementation of the
International Maritime Organization (IMO) Convention on Harmful Anti-foulants, and urges the
EU to recognise the goal to move towards the use of non-toxic alternatives, and to note the need
to ensure that a ban on the use of organotins can be properly enforced.
Maritime Transport
On maritime transport WWF would welcome:
 More explicit action on measures to prevent maritime pollution accidents, for example risk
assessment and development of proposals including the IMO designation of Particularly
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Sensitive Sea Areas (PSSAs), and other risk reduction measures such traffic separation
schemes and areas to be avoided.
Consideration of an immediate ban of single-hull oil tankers within PSSAs.
Speeding up the implementation of the Erika I and Erika II packages addressing port state
control, activities of classification societies, phasing out single-hull vessels globally,
establishing a European Agency of Maritime Safety, monitoring of traffic passing through
European waters and payment of compensation to victims of oil spills.
Review of the Erika I and Erika II packages to ensure that once fully implemented they
would have prevented recent tanker disasters such as the Prestige, Erika and Baltic Carrier
Support a fundamental change in the way the shipping industry is operated and regulated
globally.
CO-OPERATION AND CO-ORDINATION
WWF recognise the importance of co-operation and co-ordination between the EU and relevant
regional and international bodies, in particular the Regional Seas Conventions (OSPAR1,
HELCOM2 and BARCOM3). Clarity on this issue is vital to ensure there is no duplication of
effort and to recognise the validity and contribution of the Regional Seas Conventions (RSCs)
to the management of Europe’s seas. It is imperative that the EU and RSCs work in concert and
not in variance to each other.
For example co-operation with the OSPAR strategy on hazardous substances on work covering
priority and candidate list substances, and the allocation of a timeframe for action i.e. 2010.
RESEARCH, KNOWLEDGE BASE AND ACCESS TO INFORMATION
WWF welcome the initiative to develop products promoting the improvement of the knowledge
base (action 23), but note:
 The collation of information should not be used as an excuse for inaction, the use of best
available information and the precautionary principle can form the basis for action now.
 The need to integrate with existing processes and strategies including those developed under
the RSCs and the proposed UNEP global marine assessment (2004).
 The referenced Quality Status Reports (QSR) do not duplicate the exercise conducted by
OSPAR in 2000 and due for review in 2009. The collation of region specific information
that allows for the assessment of synergies and cumulative effects of human impacts would
be useful and contribute to an ecosystem approach.
 Topic assessments should be relevant to the full range of issues.
WWF believe that it is essential that all stakeholders are made aware and have access to current
information that directly or indirectly relates to the Strategy. This should be clearly stated in the
text of the Strategy as done in Article 14 of the WFD.
The Aarhus Convention on Access to information, public participation in decision-making and
access to justice in environmental matters (Aarhus, June 1998) also has implication for this
Strategy. The Convention recognises that “every person has the right to live in an environment
1
Convention for the Protection of the Marine Environment in the North East Atlantic
2
Convention for the Protection of the Marine Environment of the Baltic Sea
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Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean
adequate to his or her well being, and the duty, both individually and in association with others,
to protect and improve the environment for the benefit of present and future generations”. It also
considers that “to be able to participate in decision-making and have access to justice in
environmental matters”. Furthermore the Convention recognises that “in the field of the
environment, improved access to information and participation in decision-making enhance the
quality and implementation of decisions, contribute to public awareness of environmental
issues, give the public the opportunity to express its concerns, and enable public authorities to
take due account of such concerns”.
There is a severe lack of scientific knowledge, in particular regarding the marine offshore and
deep sea environments which needs to be addressed in the new 6th EU Framework Programme
for Research and Technology. However, the draft work programmes known so far do not reflect
this need for information and its relevance for implementation of existing EU legislation (e.g.
EU Habitats Directive).
RECOMMENDATIONS
Cross cutting issues such as CAP, CFP, WFD, EU Chemicals policy are fully considered and
integrated into the development of the Strategy
There is full co-ordination and co-operation with regional and international bodies and processes
(administrative, institutional, policy and scientific), and the process is complimentary to relevant
work being conducted under the RSCs
Development and implementation of an ecosystem approach to marine management, incorporating
an integrated marine policy by 2010 (in line with WSSD commitments)
WWF LOOKS FORWARD TO THE DEVELOPMENT OF THE STRATEGY AND NOTES
ITS INTEGRATION AND CONTRIBUTION TO THE 6TH ENVIRONMENTAL ACTION
PLAN AND SUSTAINABLE DEVELOPMENT STRATEGY, AND URGES THE EU AND
MEMBER STATES TO IMPLEMENT THE STRATEGY AS A PRIORITY AND IN FULL.
Position Statement for WWF European Endangered Seas Programme. For more information please contact:
Dr Sian Pullen: Head, European Endangered Seas Programme, WWF International ([email protected])
Alison Champion: Marine Policy Officer, WWF-UK
([email protected])
Panda House, Weyside Park, Catteshall Lane, Godalming, Surrey, GU7 1XR, UK
Tel: +44 (0)1483 426444
Fax: +44 (0)1483 426409