Marine Strategy FrameworkDirective Programmes

of Measures Consultation

‘The Pollution Descriptors’:Descriptors 5, 8 and 9 covering eutrophication,contaminants in the marine environment andcontaminants in food for human consumption

Matt GubbinsPlanning and Environmental Advice Programme Manager

What this presentation will cover

• Quick Reminder of Consultation Questions

• For these descriptors• Quick reminder of descriptor and the characteristics and targets• Overview of proposed Programmes of Measures

• Questions - clarifications

Consultation Questions

• Question 1: Are the proposed measures for the Descriptor sufficient to meet the requirements of the Directive, bearing in mind the current limitations of knowledge base?• Question 2: Are there any additional existing or planned measures for this Descriptor we have not identified that might also contribute to the achievement of the relevant environmental targets and the achievement or maintenance of GES?• Question 3: Are there any new measures that are needed? If so please provide details and evidence to show how they would contribute towards the achievement or maintenance of GES or the environmental targets as set out in the Marine Strategy Part One.• Question 4: Are there any measures proposed that you think are not justified or that will not contribute towards the achievement or maintenance of GES or the environmental targets set out in the Marine Strategy Part One?• Question 5: Do you agree with the justifications provided for the use of exceptions under Article 14?• Question 6: Are there any significant human activity-related pressures that are not addressed by the proposed measures?

Descriptor 5 – Human-Induced Eutrophication

The qualitative descriptor which the Directive requires to be used for the determination of Good Environmental Status is:

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.

UK GES Characteristics for D5: What GES looks like

• Nutrient concentrations do not lead to an undesirable disturbance to the balance of organisms present in the water or to the quality of the water concerned resulting from accelerated growth of algae; and

• The direct effects of nutrient enrichment associated with algal growth do not constitute of contribute to an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned; and

• Indirect effects of nutrient enrichment associated with growth of macroalgae, sea grasses, and reductions of oxygen concentrations do not constitute an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned.

Note: Undesirable disturbance is demonstrated when adverse effects resulting from nutrient enrichment and accelerated growth of algae occur, such as losses in biodiversity, ecosystem degradation, harmful algal blooms and oxygen deficiency in bottom waters.

OSPAR “Common procedure” (2008)

D5 - UK GES Targets

Non Problem Areas Problem Areas –

Nutrient levels No increase in the assessed dissolved

inorganic nitrogen and phosphorous concentration, resulting from anthropogenic nutrient input using data from periodic surveys.

A downward trend in dissolved inorganic nitrogen and phosphorous concentration, resulting from decreasing anthropogenic nutrient input, over a 10 year period.

Direct effects of nutrient enrichment

No increase in the chlorophyll 90 percentile in the growing season (linked to increasing anthropogenic input) based on periodic surveys.

AND If there is evidence of nutrient

enrichment and accelerated growth, then: No trend in a eutrophication relevant plankton index that is attributable to increases in nutrient loading, winter nutrient concentrations or trends in nutrient ratios.

A downward trend in the chlorophyll 90 percentile in the growing season, over a 10 year period (linked to decreasing anthropogenic input).

AND Changes in a eutrophication relevant

plankton index that is attributable to decreases in nutrient loading, winter nutrient concentrations or trends in nutrient ratios.

Indirect effects of nutrient enrichment

WFD macroalgae and seagrass tools at good status.

Oxygen (concentrations/5 percentile) in bottom waters should remain above area-specific oxygen assessment levels (e.g. 4-6 mg/l).

There should be no kills in benthic animal species as a result of oxygen deficiency that are directly related to anthropogenic input of nutrients.

D5 – Extent that targets are already met and type of measures used

Eutrophication problems are restricted to a number of small estuaries, embayments and coastal waters.

Measures are aimed at reducing the sources leading to eutrophication. • sewage treatment works • run-off from agriculture

The main measures are therefore specifically focussed on reducing discharges, emissions and losses of nutrients from sources affecting specific eutrophication problem areas.

D5 – Existing measures that will contribute to the achievement of GES

Those taken through the river basin management plans (RBMPs) developed under the Water Framework Directive.

WFD “Moderate” Status for Nitrates thresholds

• Fertilizer and manure management. Reduced use of fertilisers, better fertiliser and manure management and farm management practices to reduce nutrient run-off, e.g. through Nitrates Directive and the WFD. This can include designation as a Nitrate Vulnerable Zone. (4 NVZs in Scotland).

• General measures to tackle diffuse agricultural pollution including Regulations, codes of good agricultural practice, agri-environment schemes and Catchment Sensitive Farming (CSF).

D5 – Existing measures that will contribute to the achievement of GES - continued

• Reduced nutrient inputs arising from sewage treatment works• EC Urban Waste Water Treatment (UWWT) / “UWWT Directive

Sensitive Areas” (1 with marine influence in Scotland)• STW nutrient reduction measures for the Habitats Directive

• Reduced emissions of nutrients in other direct discharges (fish farms)• Water Environment Water Services Act (2003) • Controlled Activities Regulations (2011)

• Reduced emissions of nutrients to the atmosphere • emission limits for nitrogen in line with the best available abatement

technologies. • trans-boundary impacts of nutrients to the waters of other countries.

• Reduced emissions of nitrogen oxides and ammonia • National Emissions Ceiling Directive • trans-boundary impacts of nutrients to waters of other countries.

D5 – Planned and new measures that will contribute to the achievement of GES

Review of the RBMPs under WFD underway. • Two RBMP plans in Scotland (“Scotland” and “Solway Tweed x-border”)• Reviewed every 6-year cycle in WFD• Programme of Measures to meet objectives• Current SEPA consultation for 2015-2021• Completed by December 2015.

• Consultation closes 9th April!• https://consultation.sepa.org.uk/rbmp/scotlandplanconsultation

D5 – Extent that the measures identified will contribute towards the achievement of GES by 2020 and Article 14 exceptions that may be needed

The existing and planned measures should broadly achieve GES on a sub-regional basis. • Measures will make a significant contribution towards the achievement of GES in

coastal and marine waters by 2020• Already achieved for a large proportion of the area

A small number of problem areas are likely to take longer. • In spite of nutrient reduction programmes, eutrophication problem areas in coastal

waters are likely to remain at their current status.• May take many years for the reservoirs of nutrients which have built up in

estuarine and marine sediments in the locality as the result of historic discharges to disperse.

• Removal and remediation of such sediments on a large scale is regarded as being technically infeasible.

• Some of these areas may still be eutrophic after 2020.

D5 – Gaps and Issues

Future uncertainty under climate change scenarios

The effects of nutrients on plants and algae, depends on temperatures in the sea which are subject to climate change.

Nutrient run-off to rivers and the sea can be greatly influenced by rainfall and flooding.

Descriptor 8: For Contaminant Concentrations

The qualitative descriptor which the Directive requires to be used for the determination of Good Environmental Status is:

Concentrations of contaminants are at levels not giving rise to pollution effects.

WFD (3 nm) MSFD (sub-region)

All 44 priority substances PAH, PBDE, PCB

Cd, Pb, Hg

UK GES Characteristics for D8: What GES looks like

The UK characteristics of GES for this Descriptor are as follows:

• Concentrations of contaminants in water, sediment, or biota are kept within agreed levels and these concentrations are not increasing; and

• The effects of contaminants on selected biological processes and taxonomic groups, where a cause/effect relationship has been established, are kept within agreed levels. Agreed at a National/EU/International level e.g. within domestic legislation, Regional Seas Conventions, etc.

D8 – UK GES Targets and the extent to which they have been me

Concentrations of Contaminants

Target 1: Concentrations of substances identified within relevant legislation and international obligations are below the concentrations at which adverse effects are likely to occur (e.g. are less). 

Effects of Contaminants

Target 2: The intensity of those biological or ecological effects due to contaminants agreed by OSPAR as appropriate for MSFD purposes are below the toxicologically-based standards

Target 3: Occurrence and extent of significant acute pollution effects (e.g. slicks resulting from spills of oil and oil products or spills of chemical) and their impact on biota affected by this pollution should be minimised through appropriate risk based approaches

Risk based assessments - PBT legacy chemicals in sediments and biota samples close to the sources of historical pollution, particularly in industrialised estuaries and firths. These chemicals have been largely phased out.

The volume of oil accidentally spilled varies widely from year to year and is generally small and of relatively minor significance unless there is a major spill.

The nature of the measures that will be used to achieve Good Environmental Status for Descriptor 8

Main sources of contaminants generally well-known through:• Local knowledge of the catchments • Risk evaluation procedures WFD and OSPAR

D8 measures are already in place to prevent the chemicals of concern reaching the marine environment.

Various EC Directives (eg controls at source such as emission and discharge limits, good practice codes to address diffuse sources, and marketing and use controls, which ban the use of particular chemicals).

The main existing measures to address the above targets are taken through:

Existing River Basin Management Plans (RBMPs) developed under the WFD (2000/60/EC)

These outline the objectives for water bodies and identify measures required to achieve good chemical status . The types of action include:• environmental permitting of various activities• statutory codes of practice on the application and use of chemicals which specify how

various operations should be carried out to prevent chemicals entering surface waters• catchment action plans and safeguard zones for specific groups of chemicals• pollution prevention advice and local campaigns in high risk areas on all rural diffuse

pollution issues, in order to prevent chemicals from entering surface waters• environmental quality standards for pollutants of national concern (“specific pollutants”

under the WFD).

D8 – Existing measures that will contribute to the achievement of GES

D8 – Existing measures that will contribute to the achievement of GES - continued

• Industrial Emissions Directive (2010/75/EU which sets emissions and discharge limits for hazardous chemicals discharged and emitted from industrial installations.

• Biocides Regulation (528/2012) which ensures that only approved biocidal products are available for use.

• Marketing and Use Directives which ban or restrict specified hazardous chemicals from being used or place on the market.

• Directive on ship-source pollution (20096/123/EC) which ensures that persons responsible for discharges are subject to adequate penalties.

• EU REACH Regulation (1907/2006) which prevents chemicals which have hazardous properties from going onto the market.

• Stockholm Convention, London Convention, and the Oslo and Paris Convention for the Protection of the North East Atlantic (OSPAR) prevents use or release at sea of some compounds.

• Marine Scotland Act (2010), UKCS licensing by DECC of Oil and Gas industry controls discharges to sea from platforms and vessels

• MCA enforcement of IMO / MARPOL regulations reduces loss at sea of specific compounds and reduces spills through maritime safety.

D8 - Planned and new measures needed to achieve GES

Review of the RBMPs underway.

Environmental Quality Standards Directive (2008/105/EC). The EQSD has recently been amended (Directive 2013/39/EU). Introduces more standards to be measured in biota and a “watch list” mechanism to identify emerging pollutants across the EU. These will be implemented by the UK environment agencies.

Extent that the measures identified will contribute towards the achievement of GES by 2020 and Article 14 exceptions that may be needed

GES will be substantially, but not completely achieved by 2020. • Status of coastal waters under the WFD and the marine waters under OSPAR is

generally good in most areas, • Some contaminants are so persistent that targets in sediments and biota may not

be met by 2020 in some areas close to the sources, even though inputs have ceased.

• Other Member States are in a similar position.• Not feasible / sensible to remove contaminated sediments• GES is already being largely achieved in marine waters, the aim to achieve the

objectives for Good Chemical Status under the WFD in some coastal areas close to the sources will be delayed beyond 2020 due to “natural conditions” or technical feasibility.

D8 – Gaps and Issues

Revisions of the Directives (e.g. the Environmental Quality Standards Directive in 2015) may mean new measures for new compounds.

Many contaminants currently an issue in sediments and biota are extremely persistent so standards my be exceeded for many years to come.

“uPBTs” as definded under the Priority Substances Directive (2013/39/EH), provide an indicator to this issue.

Uncertain effects of environmental change on contaminated sediments (changes in sea water chemistry, resuspension and run-off)

Descriptor 9: Contaminants in Seafood

The qualitative descriptor which the Directive requires to be used for the determination of Good Environmental Status is:

“Contaminants in fish and other seafood for human consumption do not exceed level established by community legislation or other relevant standards”

UK GES Characteristics and targets for D9; What GES looks like

Characteristic:Concentrations of contaminants in fish and other seafood caught orharvested for human consumption in UK seas do not exceed the relevant maximum levels listed in EU Regulations 1881/2006 (as amended) or other relevant standards and are not increasing.

Target: For contaminants where regulatory levels have been set, there should be a high rate of compliance based on relevant surveys and including samples originating from commercial fishing grounds in the greater North Sea and the Celtic Seas.

Compounds risked assessed as hazard (EFSA)

PAH, Dioxins

Cd, Pb, Hg

UK GES for D9: the extent it has already been met

GES for D9 currently broadly achieved

• Initial assessment indicated that contaminant levels in seafood for human consumption rarely exceed maximum levels established by Community legislation.

• New standards or science may lead to a reconsideration of this view.

Ongoing studies

• FERA pilot study on chemical contaminants in fish (risk based on lipid content) indicates that, although there are some failures, the target set to achieve GES for Descriptor 9 is already largely met for UK waters.

• Scottish landings based study (monkfish, haddock, herring) similar results.

• Annual FSS survey of shellfish (and add hoc surveys of fish) (occasional shellfish PAH failures lead to further investigation).

D9 – Current practice to avoid contaminated seafood going to market

The main existing measures to address the above target aim to prevent contaminated seafood from being placed on the market. They are based on EU legislation on contaminants in food.

• Limits for certain environmental contaminants in food, including seafood, are set out in Commission Regulations 1881/2006 as amended.

• Multiple European Food safety regulations covering: the general practice of food law; the protection of public health from unregulated contaminants on the basis of a risk assessment. (178/001); official controls of products of animal origin, including fish and shellfish (854/2004); and risk basis for official controls (882/2004).

• Previous retail surveys and monitoring exercises for chemical contaminants in fish and shellfish, carried out by the Food Standards Agency, have not identified significant compliance issues

• Fish and shellfish have been considered a low risk. • Low frequency and the responsibility for official controls rests with local authorities.• Non-compliant samples trigger investigation and enhanced controls introduced if

appropriate.

D9 – Programmes of Measures

• The main sources contaminants that can affect seafood are Discharges, emissions and escapes of contaminants from land-based point and diffuse sources. Some sea-based sources may also contribute (e.g. shipping)

• All measures for Descriptor 8 therefore apply, and prevent contaminants of concern from entering the sea and subsequently the food chain.

• No new measures planned unless new science or surveys suggest current approaches insufficient.

D9 – Gaps and Issues

• Naturally ocurring compounds (eg geochemical sources of heavy metals), may make GES unachievable at a local scale in some areas.

• New standards adopted by the EU under EU food legislation may also lead to a reconsideration of measures.