S.L. 549.62 Art. 14Publicconsultation and information. status of habitats th prevailing levels that do are within safe is indicative are known, the long- capacity. effects algae blooms and functions are not affect to pollution do not standards. to the coastal that do not marine region shall consider identify those sta

(1) In accordance with relevant existing Community legislation, the competent authority shall ensure that all interested parties are given early and effective opportunities to participate in the implementation of these regulations, involving, where possible, existing management bodies or structures, including Regional Sea Conventions, Scientific Advisory Bodies and Regional Advisory Councils.

(2) The competent authority shall publish, and make available to the public for comment, summaries of the following elements of the marine strategy, or the related updates, as follows:

(a) the initial assessment and the determination of good environmental status, as provided for in regulations 6(1) and 7 respectively;

(b) the environmental targets established pursuant to regulation 8(1);

(c) the monitoring programmes established pursuant to regulation 9(1) and (2);

(d) the programmes of measures established pursuant to regulation 10(3).

(3) With regard to access to environmental information, Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information shall apply. SCHEDULE I

Regulation 7 Qualitative descriptors for determining good environmental

(1) Biological diversity is maintained. The quality and occurrence and the distribution and abundance of species are in line wi physiographic, geographic and climatic conditions.

(2) Non-indigenous species introduced by human activities are at not adversely alter the ecosystems.

(3) Populations of all commercially exploited fish and shellfish biological limits, exhibiting a population age and size distribution that of a healthy stock.

(4) All elements of the marine food webs, to the extent that they occur at normal abundance and diversity and levels capable of ensuring term abundance of the species and the retention of their full reproductive

(5) Human-induced eutrophication is minimised, especially adverse thereof, such as losses in biodiversity, ecosystem degradation, harmful and oxygen deficiency in bottom waters.

(6) Sea-floor integrity is at a level that ensures that the structure of the ecosystems are safeguarded and benthic ecosystems, in particular, adversely affected.

(7) Permanent alteration of hydrographical conditions does not adversely marine ecosystems.

(8) Concentrations of contaminants are at levels not giving rise effects.

(9) Contaminants in fish and other seafood for human consumption exceed levels established by Community legislation or other relevant

(10) Properties and quantities of marine litter do not cause harm and marine environment.

(11) Introduction of energy, including underwater noise, is at levels adversely affect the marine environment.

To determine the characteristics of good environmental status in a or subregion as provided for in regulation 7, the competent authority each of the qualitative descriptors listed in this Schedule in order to descriptors which are to be used to determine good environmental marine region or subregion. When the competent authority consider appropriate to use one or more of those descriptors, they shall justification. SCHEDULE II

Regulations 6, 7, 8 and 9 Indicative lists of ecosystem elements, anthropogenic pressures and human activities relevant to the marine waters

Table 1 functions and processes of marine ecosystems with particular relevance for point (a) of regulation 6(1), and regulations 7 and 9

Relevant qualitative descriptors Possible parameters and Ecosystem elements laid down in characteristics (Note 1) Schedule I (Notes 2 and 3)

Species groups (Note 4) Spatial and temporal variation (1); (3) of marine birds, per species or population: mammals, reptiles, fish — distribution, abundance and/ and cephalopods of the or biomass marine region or — size, age and sex structure subregion — fecundity, survival and mortality/injury rates — behaviour including movement and migration — habitat for the species (extent, suitability) Species composition of the group

Broad habitat types of the Per habitat type: (1); (6) water column (pelagic) — habitat distribution and and seabed (benthic) extent (and volume, if (Note 5), or other habitat appropriate) types, including their — species composition, associated biological abundance and/or biomass communities throughout (spatial and temporal variation) the marine region or subregion — size and age structure of species (if appropriate) — physical, hydrological and chemical characteristics Additionally for pelagic habitats: — chlorophyll a concentration — plankton bloom frequencies and spatial extent Ecosystems, Ecosystem structure, Spatial and temporal variation in: (1); including functions and processes, — temperature and ice food webs comprising: — hydrology (wave and — physical and current regimes; upwelling, hydrological mixing, residence time, characteristics freshwater input; sea level) — chemical — bathymetry characteristics — turbidity (silt/sediment — biological loads), transparency, sound characteristics — seabed substrate and — functions and morphology processes — salinity, nutrients (N, P), organic carbon, dissolved gases (pCO , O ) and pH 2 2 — links between habitats and species of marine birds, mammals, reptiles, fish and cephalopods — pelagic-benthic community structure — productivity

Notes related to Table 1

Note 1: An indicative list of relevant parameters and characteristics habitats and ecosystems is given, reflecting parameters pressures of Table 2 of this Schedule and of relevance to criteria in accordance with Article 9(3) of Directive 2008/56/EC. parameters and characteristics to be used for monitoring should be determined in accordance with the requirements regulations, including those of regulations 6, 7, 8 and 9. Note 2: The numbers in this column refer to the respective numbered Schedule I. Note 3: Only the state-based qualitative descriptors (1), (3), (4) and criteria laid down in accordance with Article 9(3) of Directive are listed in Table 1. All other, pressure-based, qualitative descriptors Schedule I may be relevant for each theme. Note 4: These species groups are further specified in Part II of Commission Decision (EU) 2017/848 of 17 May 2017 laying and methodological standards on good environmental status waters and specifications and standardised methods for assessment, and repealing Decision 2010/477/EU. Note 5: These broad habitat types are further specified in Part II of Decision (EU) 2017/848. Table 2 Anthropogenic pressures, uses and human activities in or affecting the marine environment

2a. Anthropogenic pressures on the marine environment particular relevance for points (a) and (b) of regulation 6(1) and regulations 7, 8 and 9 Relevant qualitative descriptors Possible Pressure (Note 1) laid down in parameters Schedule I (Notes 2 and 3) Input or spread of non-indigenous species Intensityof,and (2) spatial and Input of microbial pathogens temporal Input of genetically modified species and translocation variation in, the native species pressure in the Loss of, or change to, natural biological communities marine to cultivation of animal or plant species environment Disturbance of species (e.g. where they breed, rest and and, where feed) due to human presence relevant, at Extraction of, or mortality/injury to, wild species (by source (3) commercial and recreational fishing and other activities) For assessment of Physical disturbance to seabed (temporary or reversible) (6); (7) environmental Physical loss (due to permanent change of seabed substrate or morphology and to extraction of seabed impacts of the pressure, select substrate) relevant Changes to hydrological conditions ecosystem of nutrients (5) elements and diffuse sources, point sources, atmospheric parameters deposition from Table 1 of organic matter diffuse sources and point sources of other substances (e.g. synthetic substances, non- (8); (9) synthetic substances, radionuclides) diffuse sources, point sources, atmospheric deposition, acute events Input of litter (solid waste matter, including micro-sized (10) litter) Input of anthropogenic sound (impulsive, continuous) (11) Input of other forms of energy (including electromagnetic fields, light and heat) of water point sources (e.g. brine) 2b. Uses and human activities in or affecting the marine environment with particular relevance for points (b) and (c) of regulation 6 (1) (only activities marked point (c) of regulation 6(1)), and regulations 8 and 10

Theme Activity

Physical restructuring of rivers, coastline or Land claim seabed (water management) Canalisation and other watercourse modifications

Coastal defence and flood protection* Offshore structures (other than for oil/gas/renewables)*

Restructuring of seabed morphology, including and depositing of materials* Extraction of non-living resources Extraction of minerals (rock, metal ores, shell)*

Extraction of oil and gas, including infrastructure* Extraction of salt*

Extraction of water* Production of energy Renewable energy generation (wind, wave power), including infrastructure*

Non-renewable energy generation Transmission of electricity and communications (cables)* Extraction of living resources Fish and shellfish harvesting (professional, recreational)*

Fish and shellfish processing* Marine plant harvesting*

Hunting and collecting for other purposes*

Cultivation of living resources Aquaculture — marine, including infrastructure* Aquaculture — freshwater

Agriculture Forestry

Transport Transport infrastructure*

Transport — shipping* Transport — air

Transport — land Urban and industrial uses Urban uses

Industrial uses

Waste treatment and disposal* leisure Tourism and leisure infrastructure*

Tourism and leisure activities*

Military operations (subject to regulation 1(5)) research Research, survey and educational activities*

Notes related to Table 2

Assessments of pressures should address their levels in the marine environment and, if appropriate, the rates of input (from land-based or atmospheric sources) to the marine environment.

The numbers in this column refer to the respective numbered points in Schedule I.

Only pressure-based qualitative descriptors (2), (3), (5), (6), (7), (8), (9),

(10) and (11), which have criteria laid down in accordance with Article 9(3) of Directive 2008/56/EC, are listed in Table 2a. All other, state-based, qualitative descriptors under Schedule I may be relevant for each theme.''.

SCHEDULE III Regulation 9 Indicative list of characteristics to be taken into account for setting environmental targets Adequate coverage of the elements characterising marine waters under the jurisdiction of Member States within a marine region or subregion. to set -

targets establishing desired conditions based on the definition of good environmental status; measurable targets and associated indicators that allow for monitoring and assessment; and operational targets relating to concrete implementation measures to support their achievement. Specification of environmental status to be achieved or maintained and of that status in terms of measurable properties of the elements the marine waters of a Member State within a marine region or

Consistency of the set of targets; absence of conflicts between them.

Specification of the resources needed for the achievement of targets. Formulation of targets, including possible interim targets, with a timescale achievement. Specification of indicators intended to monitor progress and guide decisions with a view to achieving targets. appropriate, specification of reference points (target and limit reference points).

(9) Due consideration of social and economic concerns in the setting

(10) Examination of the set of environmental targets, associated limit and target reference points developed in light of the environmental laid down in regulation 1, in order to assess whether the achievement would lead the marine waters falling under the sovereignty or jurisdiction Member States within a marine region to a status matching them.

(11) Compatibility of targets with objectives to which the Community Member States have committed themselves under relevant international agreements, making use of those that are most relevant for the marine subregion concerned with a view to achieving the environmental down in regulation 1.

(12) When the set of targets and indicators has been assembled, examined together relative to the environmental objectives laid down to assess whether the achievement of the targets would lead the marine to a status matching them.

SCHEDULE IV

Regulation 9 Monitoring programmes

(1) Need to provide information for an assessment of the environmental and for an estimate of the distance from, and progress towards, good status in accordance with Schedule I and with the criteria and methodological standards to be defined by the European Commission.

(2) Need to ensure the generation of information enabling the identification suitable indicators for the environmental targets provided for in regulation

(3) Need to ensure the generation of information allowing the assessment impact of the measures referred to in regulation 10.

(4) Need to include activities to identify the cause of the change possible corrective measures that would need to be taken to restore environmental status, when deviations from the desired status range identified.

(5) Need to provide information on chemical contaminants in species consumption from commercial fishing areas.

(6) Need to include activities to confirm that the corrective measures desired changes and not any unwanted side effects.

(7) Need to aggregate the information on the basis of marine subregions in accordance with regulation 5.

(8) Need to ensure comparability of assessment approaches and methods and between marine regions and/or subregions.

(9) Need to develop technical specifications and standardised monitoring at Community level, so as to allow comparability of information.

(10) Need to ensure, as far as possible, compatibility with existing developed at regional and international level with a view to fostering programmes and avoiding duplication of effort, making use of those guidelines that are the most relevant for the marine region or subregion to include, as part of the initial assessment provided for in regulation assessment of major changes in the environmental conditions as well as, where and emerging issues.

to address, as part of the initial assessment provided for in regulation elements listed in Schedule I including their natural variability and to trends towards the achievement of the environmental targets laid down regulation 8, using, as appropriate, the indicators established and their reference points.

SCHEDULE V Regulation 10 Programmes of measures controls: management measures that influence the amount of a human permitted.

controls: management measures that influence the degree of of an ecosystem component that is permitted.

and temporal distribution controls: management measures that where and when an activity is allowed to occur.

Management coordination measures: tools to ensure that management is

Measures to improve the traceability, where feasible, of marine pollution. Economic incentives: management measures which make it in the economic those using the marine ecosystems to act in ways which help to achieve environmental status objective.

Mitigation and remediation tools: management tools which guide human restore damaged components of marine ecosystems.

Communication, stakeholder involvement and raising public awareness.