The Marine Strategy Regulations 2010

Made: 16-06-2010 | Laid: 22-06-2010 | Forced: 15-07-2010

Overview

The Regulations were made to enable the UK to implement the requirements of the Marine Strategy Framework Directive. The Regulations transpose the Directive for the whole of the UK, including for administrations in Scotland, Wales and Northern Ireland. Because the Directive is a high-level, framework Directive, the transposing instrument is also high-level, and puts in place a broad legal framework to ensure that appropriate steps are taken by the Government and Devolved Administrations between then and 2020 to achieve the requirements of the Directive.

Background

The Marine Strategy Framework Directive was developed in response to concerns that although existing marine environment legislation protected the sea from some specific impacts, it was sectoral and fragmented, while in reality marine ecosystems react to the combination of man-made pressures on them. There was also recognition that since marine pollution and other impacts often cross national boundaries, national action on the marine environment needed to be supported by a framework to ensure action is taken across the EU, with all Member States playing their part.

The key requirement of the Directive is for Member States to put in place measures to achieve or maintain Good Environmental Status (GES) in their marine waters by 2020. Achievement of GES will be assessed against the following eleven descriptors set out in Annex 1 of the Directive:

Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of species are in line with prevailing physiographic, geographic and climatic conditions (“Descriptor 1” or “D1”).
Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems (“Descriptor 2” or “D2”).
Populations of all commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock (“Descriptor 3” or “D3”).
All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity (“Descriptor 4” or “D4”).
Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity, ecosystem degradation, harmful algae blooms and oxygen deficiency in bottom waters (“Descriptor 5” or “D5”).
Sea floor integrity is at a level that ensures that the structure and functions of the ecosystems are safeguarded and benthic ecosystems, in particular, are not adversely affected (“Descriptor 6” or “D6”).
Permanent alteration of hydrographical conditions does not adversely affect marine ecosystems (“Descriptor 7” or “D7”).
Concentrations of contaminants are at levels not giving rise to pollution effects (“Descriptor 8” or “D8”).
Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards (“Descriptor 9” or “D9”).
Properties and quantities of marine litter do not cause harm to the coastal and marine environment (“Descriptor 10” or “D10”).
Introduction of energy, including underwater noise, is at levels that do not adversely affect the marine environment (“Descriptor 11” or “D11”).