The European Commission is set to present, as part of the
Green Deal
, an EU (in)action plan for the protection of fisheries and marine ecosystems. (1) With a view to, among other things, revising the Marine Strategy Framework Directive, which has so far failed to achieve the so-called Good Environmental Status (GES). (2) But words, once again, do not seem to be matched by deeds. An analysis to follow.
Safeguarding fisheries and marine ecosystems in EU. Foreword
71% of the earth’s surface is covered by water. Of this, 96.5 percent is salty (
NASA Earth Observatory, 2010
). Fisheries conservation and marine ecosystems are seriously threatened by overfishing, including through Illegal, Unreported and Unregulated fishing(IUU). As well as from the pressure of anthropogenic pollution of land, water and air. European policies have been developed over the past two decades with a fragmented and sectoral approach:
–Integrated Coastal Zone Management (ICZM, Recommendation 2002/413/EC),
–Marine Strategy Framework Directive (MSFD, dir. 2008/56/EC),
– common fisheries policy (
Common Fisheries Policy
), (3)
Marine environment strategy, the framework directive (MSFD).
Framework Directive 2008/56/EC is the first piece of legislation that considers the protection of the marine environment and natural resources as a whole, with the goal of achieving Good Environmental Status (GES) of EU marine waters by 2020. The GES has been defined and updated, in successive decisions of the European Commission (2010-2017), through 11 indicators (descriptors) that consider the various aspects related to the health of the seas (biological pressures, physical pressures, contaminants, waste, etc.). (4)
The Marine Strategy Framework Directive (MSFD) established four European marine regions-the Baltic Sea, the Northeast Atlantic Ocean, the Mediterranean Sea, and the Black Sea-and their subregions. Each member state is required to develop its own marine strategy, to be updated every 6 years (starting in 2018). Such a strategy should include:
– Initial assessment of the environmental status of national marine waters and socioeconomic analysis of human activities there,
– Determination of the ‘good environmental status’ (GES) criterion for national marine waters,
– Setting environmental goals and indicators,
– Establishment of a program to monitor and update goals,
– Programming of measures to achieve and maintain GES.
MSFD, European Commission report (2020)
The European Commission’s report on the first cycle of implementation of the Marine Strategy Framework Directive (MSFD) in June 2020 actually attests to the failure of the objectives. Overfishing and unsustainable fishing practices, overabundance of plastic waste, excess nutrients, noise and other underwater pollution. The report refers to the intense eutrophication-that is, the overabundance of nutrients, resulting in the disruption of the ecological balance of aquatic ecosystems-to which nearly half of Europe’s coastal waters are subjected. As well as noting the significant increase in the accumulation of plastic in the seas and microplastics in most marine species, especially in the Mediterranean Sea.
Overfishing is the most serious problem that the Commission has consistently underestimated, as we have seen. Total Allowable Catch (TAC) limits are negotiated each year in Brussels with member states on the basis of political compromises that still neglect the primary objective of the Common Fisheries Policy, to preserve fish stocks and endangered species. In spite of warnings from the scientific community about the depopulation of European seas, which has already reached a point of no return. Reference is made in this regard to the report published in May 2021 by PEW Charitable Trust, which has been working together with 192 organizations in the OCEAN2012 coalition since 2008. (5) After all, more than half of plastic pollution is due to fishing nets and other materials used in related activities.
Protection of marine ecosystems, European Court of Auditors report
The ECA, in turn, published a special report in June 2020 in order to assess the suitability of existing regulations-and their practical application, in the Atlantic and the Mediterranean-to address key pressures on marine biodiversity and its habitats. (6) The report, in line with the European Environment Agency‘s findings in the meantime, emphasizes how ”marine biodiversity remains threatened in European seas. A high percentage of marine species and habitat assessments continue to show unfavorable or unknown conservation status‘. In particular:
– protection regulations have not resulted in the recovery of significant ecosystems and habitats,
– EU action has resulted in measurable progress in the Atlantic, where fisheries management is mostly tied to catch limits,
– ‘the Mediterranean remains significantly overexploited‘ due to fisheries management primarily tied to limits on fishing effort (rather than catch) that has led to exploitation levels twice as high as limits considered ‘sustainable’,
– the network of marine protected areas is not representative of the EU’s diverse seas and often provides little protection. Protection from recreational kayaking but not from fishing boats, as stated by George Monbiot in an interview with the author of the docufilm Seaspiracy,
– member states where the European Court of Auditors performed theaudit have only used ‘6% of their funding through the European Maritime and Fisheries Fund for measures directly related to conservation measures, and another 8% for measures indirectly related to conservation measures‘. Albeit with ‘good examples of LIFE and Interreg funded projects‘.
MSFD, draft revision
The revision of the Marine Strategy Framework Directive is scheduled in the same Directive 2008/56/EC, Article 23, by 2023. With this in mind, the European Commission, after the report mentioned in the previous section, published a roadmap, an initial impact assessment and activated a public consultation (22.7.21-21.10.21) to explore some reform options and potential socio-economic impacts.
The sustainability of fisheries remains the big unanswered question. Karmenu Vella-interviewed in the docufilm Seaspiracy, when he was Commissioner for Environment, Oceans and Fisheries (2014-2019)-confessed that he had no idea how and when fishing could be considered sustainable. And to have never even considered relieving the pressure on the ecosystem of the 100,000 active fishing vessels in the EU. (7)
MSFD, action plan
The action plan hypothesized by the European Commission in the initial impact assessment-subjected to a public consultation that garnered 205 comments (mostly from individuals)-moves from the laconic observation of bureaucratic complexities, delays by member states in notifying annual reports, lack of data useful for assessing the achievement of the Good Environmental Status In the various marine regions and sub-regions. And he hypothesizes five possible scenarios:
1) Baseline scenario, no reform,
2) Repeal the MSFD and focus on achieving environmental goals through the Regional Sea Conventions and existing sectoral legislation,
3) Strengthen the implementation and enforcement of Directive 2008/56/EC without amending it. If so, the Commission could develop additional guidance documents, explore options for new legislation, and consider adopting delegated/implementing acts to address some of the problems identified, including reducing administrative burdens. This option would also examine improving access to funding,
4) Targeted amendments to the directive to clarify some elements and fine-tune some provisions. This would allow for more specific objectives, more harmonized action within marine regions, and further simplification (including strengthening the digital dimension). Some of the deadlines and deadlines could be revised,
5) Review of the directive, with renewed deadlines and deadlines. The notion of ‘good environmental status’ (GES) would be revised and adapted/completed or replaced by specific policy-oriented indicators to make it more applicable.
Interim conclusions
Political proclamations are devoid of operational feedback:
– on the ground, the EU Farm to Fork strategy-which was supposed to foster the ecological transition of our agriculture-has been belied by the non-reform of the Common Agricultural Policy,
– at sea, neglecting the impact ofoverfishing amounts to a doom not only of aquatic ecosystems but also of job prospects in the fisheries sector in the medium to long term.
Courage is needed in imposing appropriate catch thresholds to safeguard fish resources and endangered species. Member states must be required to establish integral marine reserves, with the extent commensurate with the length of the coastline. Introduce traceability of fishing materials to their proper disposal, behind exemplary penalties. And pursue research on the blue economy. (8) In the probable dearth of such initiatives from Brussels, one will once again have to rely on Parliament’s willingness to contribute effectively to safeguarding our seas as well as our fisheries.
#SDG14, Life below water.
Dario Dongo
Notes
(1) European Commission. Protecting the marine environment – review of EU rules. REFIT. https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12898-Protecting-the-marine-environment-review-of-EU-rules_en
(2) Dir. 2008/56/EC, establishing a framework for community action in the field of marine environment policy (Marine Strategy Framework Directive). Consolidated text as of 7.6.17 on Europa-Lex, https://bit.ly/3GS5iGL
(3) Reg. EU 1380/2013 on the common fisheries policy. Consolidated text as of 8/14/19 at https://bit.ly/3Fuesce
(4) Commission Decision (EU) 2017/848, establishing criteria and methodological standards for good environmental status of marine waters and standardized specifications and methods for monitoring and assessment. On Europa-Lex, https://bit.ly/30YEDZB
(5) PEW Charitable Trust (2021). Lessons From Implementation of the EU’s Common Fisheries Policy. https://www.pewtrusts.org/en/research-and-analysis/reports/2021/03/lessons-from-implementation-of-the-eus-common-fisheries-policy
(6) European Court of Auditors (2020). Marine environment: EU protection is wide but not deep. https://www.eca.europa.eu/Lists/ECADocuments/SR20_26/SR_Marine_environment_EN.pdf
(7) Callum Hoare. EU Commissioner squirms in humiliating probe on fishing policies: ‘Special treatment!’ Express. 3/28/21, https://www.express.co.uk/news/world/1415816/eu-news-fishing-policy-netflix-seaspiracy-green-britain-ocean-climate-change-spt/amp
(8) Dario Dongo, Andrea Adelmo Della Penna. EcoeFISHent, upcycling and blue economy in the fish supply chain. The EU research project. GIFT (Great Italian Food Trade). 10/18/21, https://www.greatitalianfoodtrade.it/innovazione/ecoefishent-upcycling-e-blue-economy-nella-filiera-ittica-il-progetto-di-ricerca-ue
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
