7. ESTUDIO COMPARADO
7.3. Barandilla
7.3.1. Características
The EU marine conservation policy is to be considered as part of the broader EU Biodiversity policy as well as within the Marine Strategy Framework Directive (MSFD). A key contribution in that context is made by implementing the Birds and Habitats directives, and the Natura 2000 network, in the marine environment.
These instruments respond also to commitments at the international level concerning the establishment of a Network of Marine Protected Areas (the EU Council Conclusions on the 9th Conference of the Parties to the Convention on Biological Diversity (CBD) stated that "The EU WILL STRIVE FOR the establishment of a global
representative network of marine protected areas by 2012 within and beyond areas of national jurisdiction inter alia through the full and timely implementation of Natura 2000 in marine areas and the establishment and management of protected areas networks in the context of the Regional Marine Conventions) and the 2020 Global target agreed
at CBD COP10 (stating that "By 2020, at least 17 % of terrestrial and inland water, and
10 % of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscape and seascapes.").
Under the EU Biodiversity Strategy to 2020 'Our life insurance, our natural capital' Target 1 – Nature conservation is of primary importance for marine conservation as, with a view to measurable improvements in conservation status, it calls for the completion of the establishment of the Natura 2000, including in the marine, the adequate management and financing of the areas and an improved knowledge base. Equally relevant are Target 3 addressing the sustainable use of marine resources (with a focus on sustainable fisheries and on the MSFD), and Target 2 concerning the maintenance and restoration of ecosystems and their services.
40 Figure 1: EU biodiversity strategy to 2020.
The Marine Strategy Framework Directive (MSFD) is the environmental pillar of the EU's Integrated Maritime Policy, by requiring Member States to 'take the necessary measures to achieve or maintain good environmental status (GES) in the marine
environment by the year 2020 at the latest.' The directive provides a framework: a
structure and a timeline but no details, which are developed within a common implementation strategy. As regards Marine Protected Areas in particular, the MSFD calls, in its Article 13, the Member States to present, as part of their programmes of measures, spatial protection measures contributing to coherent and representative
networks of marine protected areas adequately covering the diversity of the
constituent ecosystems, such as Special Areas of Conservation under the Habitats Directive, Special Protection Areas under the Birds Directive, and other MPAs agreed by the EU or MSs under international or regional agreements (namely the Regional Sea Conventions).
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Natura 2000 in the marine environment
The implementation of the Natura 2000 network in the marine environment has for some years remained out of focus, also due to legal or technical uncertainties. Following legal clarifications (specifying that the Birds and Habitats directives apply to
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all marine waters where Member States exercise sovereign rights), technical guidelines and political commitments, work has been accelerated over the recent years with the aim to achieve significant progress in site designations by 2012 and implement measures, including for fisheries, so that the conservation status of marine features is stabilised and improved by 2020.
The need for action is reinforced by the results from monitoring the conservation status of key habitat types (e.g. reefs, sandbanks, posidonia beds) and species (e.g. harbour porpoise, seals and sea turtles) across the marine biogeographical regions, revealing either an unfavourable status of these features or large gaps in knowledge of our marine ecosystems.
There are multiple threats to marine biodiversity, e.g. resulting from unsustainable fisheries, pollution, unsustainable tourism, climate change or activities like shipping, oil/gas/mineral extraction, plastic debris. A well planned and managed network of marine Natura 2000 areas should therefore afford adequate protection to important marine ecosystems, enhance important economic services they deliver, improve the conservation status of most threatened marine species, and contribute to sustainable use of marine resources.
As of today, out of a total of 26.406 Natura 2000 sites, 2.341 sites with a marine component have been designated either as Sites of Community Importance under the Habitats Directive (or as Special Protection Areas under the Birds Directive, covering 217.464 km² (i.e. slightly more than 4 %) of territorial and EEZ waters. However most marine N2000 sites are coastal or within the first 12 nm (i.e. in territorial waters); only 81 sites extend offshore (i.e. beyond territorial waters) and only 53 are entirely located within the EEZ. Furthermore, the conclusions from the marine biogeographical seminars, where the sufficiency of marine SCIs is assessed, show that most marine habitats and species are still insufficiently represented in the network. This means that, despite significant progress during recent years, more than 90% of European seas and oceans are not covered yet and considerable efforts are still required to build a representative network or sites, especially offshore, and make it work.
42 Figure 2: Natura 2000 sites in national seas.
This action is supported by a number of guidelines that have been issued by the Commission (and available at
http://ec.europa.eu/environment/nature/natura2000/marine/index_en.htm), such as: "Guidelines for the establishment of Natura 2000 in the marine" (including an update
of Marine Habitat types definitions); "Fisheries measures for marine Natura 2000 sites: A consistent approach to requests for fisheries management measures under the Common Fisheries Policy"; as well as sectoral guidance related to Natura 2000 implementation that is also relevant to marine (wind-energy, mineral extraction, ports & estuaries).
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Current activities/priorities – promoting synergies
Current efforts focus on ensuring sufficient site designations at marine biogeographical level and promoting the sound management of the areas, including tackling fishing pressure. In addition to Member States’ efforts, securing effective integration in other policies and adequate financing are of crucial importance. In that regard, the on-going reform of the Common Fisheries Policy and the associated new fisheries fund offer significant opportunities for strengthening the ecosystem-based approach in managing marine resources and supporting the protection, restoration and monitoring of Marine Protected Areas. Furthermore, beyond site protection, species protection measures
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are also required to tackle issues like by-catch; in that regard species action plans, if correctly established and applied, constitute an effective means of implementation. Clearly effective conservation of marine areas depends a lot on implementing suitable
fisheries measures. Area closures or restrictions to certain types of fishing gear have
already been taken in certain cases. With a view to facilitating the tasks of Member States, the Commission issued in 2008 guidelines on introducing requests for fisheries management measures under the CFP. Currently several Member States have undertaken work to prepare fisheries measures (e.g. EMPAS project for marine N2000 sites in German EEZ, FIMPAS for sites in the Dutch EEZ, a joint proposal for the Doggerbank, measures for NL coastal sites, fisheries measures considered by Spain in the context of the INDEMARES LIFE project). The Commission is actively monitoring and supporting such initiatives, esp. cooperation among Member States. Furthermore, it engaged in the preparation of a common methodology to assess impact of fisheries on marine N2000.
The LIFE programme has been instrumental to support relevant projects, e.g. to designate marine sites under N2000, to develop monitoring systems (a challenging and expensive task), to reduce by-catches, to raise awareness and develop sustainable management of marine areas.
The proposals for the reform of the CFP contain provisions inter alia to promote the management of marine protected areas. Thus, the new proposed CFP Regulation provides under Art. 12 “Compliance with obligations under Union environmental legislation” for measures to comply with obligations for Natura 2000 sites and MPAs, while the new proposed European Maritime and Fisheries Fund allows, under Art. 38 “Protection and restoration of marine biodiversity and ecosystems in the framework of sustainable fishing activities", for financing to support the management, restoration and monitoring of NATURA 2000 sites, in accordance with prioritised action frameworks established pursuant to Council Directive 92/43/EEC, and under Art. 52 and 54, for investments to substantially reduce the impact of aquaculture on the environment and aquaculture methods compatible with specific environmental needs and subject to specific management requirements.
Furthermore, by-catch is addressed in the proposed CFP Regulation (Art 14 stipulates that "Technical measures frameworks to ensure the protection of marine biological
resources and the reduction of the impact of fishing activities on fish stocks and on marine eco-systems shall be established. Technical measures frameworks shall:...(c) reduce catches of unwanted marine organisms;") and the new proposed EMFF (under
"Sustainable development of fisheries", Article 36 on "Limiting the impact of fishing on the marine environment" stipulates: "1. In order to reduce the impact of fishing on the
marine environment, foster the elimination of discards and facilitate the transition to exploitation of living marine biological resources that restores and maintains
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populations of harvested species above levels which can produce the MSY, the EMFF may support investments in equipment: (a) improving size selectivity or species selectivity of fishing gear; (b) reducing unwanted catches of commercial stocks or other by-catches….").
With a view to promoting more effective implementation of respective legal provisions there is a need to identify and enhance the links between the Birds and Habitats
Directives and the MSFD. To that effect the Commission has produced a Frequently
Asked Questions document, to identify and clarify interactions, synergies, differences and potential areas for greater coordination between these instruments. The issues addressed are: Relationship between Good Environmental Status & Favourable Conservation Status; Application at a regional level. Synergies as regards the key measures (Protected Areas, More general conservation measures, Integrated Policy & Planning, BHD objectives to support MSFD targets and indicators); Monitoring requirements; How can the assessments of Conservation Status under HD assist with the assessments under MSFD; Socio-economic considerations.
More broadly, it is recognised that EU policies and legislation on water (WFD), marine (MSFD), nature/biodiversity (Birds/Habitats directives, EU biodiversity strategy 2020) are closely interlinked in terms of objectives, provisions, reporting/information flow and there is therefore a need for closer cooperation and enhanced synergies in
implementation. Following discussions of Member States’ Nature and Marine
Directors, the priority areas for cooperation include: Designation and management of MPAs; Integrated approach in implementation of EU legislation, incl. coherent interpretation of definitions; Joint efforts on EU fisheries issues, incl. common methodologies, involving relevant national experts and bodies; Streamlining/harmonising monitoring and reporting.
In order to put these principles into practice, a number of joint activities are being considered or implemented. The areas concerned include: FAQ documents (e.g. links between WFD&Birds/Hab dir. and between MSFD&Birds/Hab dir., and a possible consolidated policy paper on links among all areas); relevant sector-specific guidance (e.g. ports&estuaries, inland waterways); fisheries issues (e.g. development of a common methodology for assessing impact of fisheries on marine N2000 areas, support to MS coordinated efforts, implementation of MSFD Descriptor 3 on fisheries linked to Target 4 of Biodiversity Strategy and to CFP); MPA designation/management (e.g. link-up Natura 2000 with other MPAs under MSFD/regional conventions, stronger cooperation between respective expert groups); streamlining of reporting / information flow (avoid duplications of reported data, synchronise reporting cycles, integrate existing information flows and status assessments); streamlining developments in ecosystem-based approaches and services (e.g. the ecosystem-based approach an objective under EU Biodiversity Strategy Target 2, embedded in MSFD, relevant to water management / RBMPs under WFD).
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