Member State report / Art14 / 2022 / D8 / Sweden / NE Atlantic: Greater North Sea

Report type Member State report to Commission
MSFD Article Art. 14 Exceptions (and Art. 17 updates)
Report due 2022-10-15
GES Descriptor D8 Contaminants
Member State Sweden
Region/subregion NE Atlantic: Greater North Sea
Reported by Havs- och vattenmyndigheten/Swedish Agency for Water and Marine Management
Report date 2022-03-25
Report access 363

Marine reporting units
  • ANS-SE-SR-Nordsjon
  • BAL-SE-RG-Ostersjon
  • ANS-SE-SR-Nordsjon
  • BAL-SE-RG-Ostersjon
  • ANS-SE-SR-Nordsjon
  • BAL-SE-AA-BG_Egentliga_Ostersjon
Region subregion
Baltic Sea; NEA Greater North Sea
Baltic Sea; NEA Greater North Sea
Baltic Sea; NEA Greater North Sea
Exception code
SE-E07_a
SE-E07_b
SE-E07_c
Exception old code
ANSSE-E01; BALSE-E01
ANSSE-E01; BALSE-E01
ANSSE-E01; BALSE-E01
Exception name
U 7a. Undantag från att nå god miljöstatus för farliga ämnen, Bromerade difenyletrar (PBDE). E 07a. Exception from achieving good environmental status for hazardous substances, brominated diphenylethers.
U 7b. Undantag från att nå god miljöstatus för farliga ämnen, kvicksilver och kvicksilverföreningar. E 07b. Exception from achieving good environmental status for hazardous substances, Mercury and its compounds.
U 7c. Undantag från att nå god miljöstatus för farliga ämnen, tributyltenn (TBT). E 07c. Exception from achieving good environmental status hazardous substances.
Exception type
Art. 14(1)(e)
Art. 14(1)(e)
Art. 14(1)(e)
Exception reason
Other(e)
Other(e)
Other(e)
GES achieved
2040-2070
2040-2070
2030-2050
Relevant pressures
  • Contaminants - UPBT substances
  • Input of other substances (e.g. synthetic substances, non-synthetic substances, radionuclides) - diffuse sources, point sources, atmospheric deposition, acute events
  • Contaminants - UPBT substances
  • Input of other substances (e.g. synthetic substances, non-synthetic substances, radionuclides) - diffuse sources, point sources, atmospheric deposition, acute events
  • Contaminants - UPBT substances
  • Input of other substances (e.g. synthetic substances, non-synthetic substances, radionuclides) - diffuse sources, point sources, atmospheric deposition, acute events
Relevant targets
GES component
  • D8
  • D8C1 Contaminants in environment (8.1, 8.1.1)
  • D8
  • D8C1 Contaminants in environment (8.1, 8.1.1)
  • D8
  • D8C1 Contaminants in environment (8.1, 8.1.1)
Relevant features
  • Contaminants - UPBT substances
  • Contaminants - UPBT substances
  • Contaminants - in seafood
  • Contaminants - UPBT substances
  • PrevEnvAdvEffectsSppHab
Justification description
Derogations for PBDE are applied in the North Sea and the Baltic Sea. Exemptions for hazardous substances were already provided for in the first action programme in 2015, but can now be further specified with regard to specific substances that do not meet their threshold values. Derogations are mainly justified by the fact that natural conditions do not allow for rapid improvement (Section 29 (4) of the Marine Environment Ordinance), but it is also relevant to take into account that Sweden is not itself responsible for all the measures that would need to be taken (Section 29 (1) of the Marine Environment Ordinance). In water management, there are also exemptions for a number of hazardous substances in the form of deadlines and less stringent requirements. PBDE: The substances are used as flame retardants and it has been decided to cease the production and use of some of them. The main source of emissions today is leakage from products in use and insufficient refuse handling. These are mainly land-based sources and are therefore not addressed in marine environmental management. Long-range atmospheric transport needs to be addressed through international work. In water management, the distribution of PBDE has been considered to be such that there is no technical basis for implementing measures, which means that even if concentrations are reduced, it is considered difficult to meet the thresholds in the foreseeable future. Exceptions for Brominated diphenylethers (congener numbers 28, 47, 99, 100, 153 and 154) apply in the Swedish part of Greater North Sea and the Baltic Sea. Exceptions for hazardous substances were provided for in the first programme of measures in 2015, but can now be specified further for specific substances that do not meet their temporary values. Exceptions are mainly justified by the fact that natural conditions do not allow for an early improvement (Article 14 (1) (e)) but is also relevant to take into account that Sweden is not responsible for all the measures that would need to be taken (Article 14 (1) (a)). These are also exceptions within the implementation of the Water Framework Directive for a number of hazardous substances in terms of time limits and less stringent objectives. PBDE: The substances are used as flame retardants and it has been reported to disconnect the production and use of some of the substances. The main source of emissions today is leakage from IN-USE products and insufficiently waste disposal. These are mainly Land-based sources and not addressed in the implementation of MSFD. Long Range atmospheric dispersion needs to be addressed through international work. Within the implementation of the Water Framework Directive, the dissemination of PBDEs has been considered to be satisfied that there is no technical Prerequisite for implementing measures, which means that even if concentrations are reduced, it is considered to meet the threats in a possible future.
Exemptions for mercury and mercury compounds are applied in the North Sea and the Baltic Sea. Exemptions for hazardous substances were already provided for in the first action programme in 2015, but can now be further specified with regard to specific substances that do not meet their threshold values. Derogations are mainly justified by the fact that natural conditions do not allow for rapid improvement (Section 29 (4) of the Marine Environment Ordinance), but it is also relevant to take into account that Sweden is not itself responsible for all the measures that would need to be taken (Section 29 (1) of the Marine Environment Ordinance). In water management, there are also exemptions for a number of hazardous substances in the form of deadlines and less stringent requirements. Mercury: Mercury is a naturally occurring metal historically used in many applications. Nowadays it is the combustion of fossil fuels that is the main source and its spread can be very long-range through the atmosphere. Mercury can also be leached out of the soil depending on land use and may also be introduced into the sea by waterways. Apart from long-distance transport, where sources need to be addressed through international work, land-based sources cannot be addressed in marine environmental management. In water management, the spread of mercury has been deemed to be such that there is no technical basis for implementing measures, which means that even if concentrations are reduced, it is considered difficult to meet the threshold values in the foreseeable future. Exceptions for mercury and its comments applying the Swedish party of Greater North Sea and the Baltic Sea. Exceptions for hazardous substances were provided for in the first programme of measures in 2015, but can now be specified further for specific substances that do not meet their temporary values. Exceptions are mainly justified by the fact that natural conditions do not allow for an early improvement (Article 14 (1) (e)) but is also relevant to take into account that Sweden is not responsible for all the measures that would need to be taken (Article 14 (1) (a)). These are also exceptions within the implementation of the Water Framework Directive for a number of hazardous substances in terms of time limits and less stringent objectives. Mercury: Mercury is a naturally rising metal that has historically been used in many applications. Today, the combination of fossil fuels is the main source and the dispersion can be very Long-Range through the atmosphere. Mercury can also be led out of the soil depending on the land use and is Transported to the sea via watercourses. In addition to the long-distance transports where sources need to be addressed through international work, Land-based sources not addressed in the implementation of MSFD. Within the implementation of the Water Framework Directive, the spread of mercury has been appointed to be satisfied that there is no technical Prerequisite for implementing measures, which means that even if concentrations are reduced, it is considered appropriate to meet the occasional values in the foreseeable future.
Derogations for TBT applied in the North Sea and Baltic Proper Exemptions for hazardous substances were already provided for in the first action programme in 2015, but can now be further specified with regard to specific substances that do not meet their threshold values. Derogations are mainly justified by the fact that natural conditions do not allow for rapid improvement (Section 29 (4) of the Marine Environment Ordinance), but it is also relevant to take into account that Sweden is not itself responsible for all the measures that would need to be taken (Section 29 (1) of the Marine Environment Ordinance). In water management, there are also exemptions for a number of hazardous substances in the form of deadlines and less stringent requirements. TBT: It is forbidden to use TBT paint on boat hulls or to have old colour on the hull. In addition to removing old paints from the hull, leakage can be prevented under the AFS Regulation by means of a ‘lock paint’. However, the effectiveness of anti-lock paints is unclear. Despite the ban, there are indications that TBT is still leaking from the hulls and thus there is still a supply of TBT to the marine environment. Due to use prior to the ban, TBT residues are also present in contaminated sites (soil and sediment) which are at risk of spreading to the aquatic environment and which may have a significant local impact. Work on this input is ongoing under measures 16 and 17 of the first action programme, as well as in the context of the government mandate on contaminated sediments. As TBT is a very persistent compound, it is difficult to determine when the values will remain stable below the thresholds. Exceptions for tributyltin compounds (TBT) apply the Swedish party of Greater North Sea and the Baltic Sea. Exceptions for hazardous substances were provided for in the first programme of measures in 2015, but can now be specified further for specific substances that do not meet their temporary values. Exceptions are mainly justified by the fact that natural conditions do not allow for an early improvement (Article 14 (1) (e)) but is also relevant to take into account that Sweden is not responsible for all the measures that would need to be taken (Article 14 (1) (a)). These are also exceptions within the implementation of the Water Framework Directive for a number of hazardous substances in terms of time limits and less stringent objectives. TBT: It is prohibited to use paints containing TBT on Boat Hulls and also to have an old skin colour. In addition to removing old paint from the skin, according to the regulation on the prohibition of organotin compounds on ships, leakage can be anticipated with a coding that forms a barrier. However, the effectiveness of such a barrier is Unclear. Note the ban, there are indications that TBT is still leaking from the Hulls and to this end is still a supply of TBT to the marine environment. Due to use before the ban, there are also residues of TBT in affected areas (land and sediment) that are at risk of Spreading to the aquatic environment and which can have a significant impact locally. Work on this supply is under way under Measures 16 and 17 of the First Programme of Mesasures, as well as in the framework of the government mission on contaminated sediments. Since TBT is a very long lived compound, it is entrusted to determine when the values will remain stable below thresholds.
Spatial scope geographic zones
Coastal waters (WFD); EEZ (or similar)
Coastal waters (WFD); EEZ (or similar)
Coastal waters (WFD); EEZ (or similar)
Mitigation
Measures ad hoc
Further information
Section 4.7.5 in the Summary report https://www.havochvatten.se/download/18.3ab3bb5417e137738649a956/1642436183134/rapport-2021-20-atgardsprogram-for-havsmiljon-2022-2027-enligt-havsmiljoforordningen.pdf
Section 4.7.5 in the Summary report https://www.havochvatten.se/download/18.3ab3bb5417e137738649a956/1642436183134/rapport-2021-20-atgardsprogram-for-havsmiljon-2022-2027-enligt-havsmiljoforordningen.pdf
Section 4.7.5 in the Summary report https://www.havochvatten.se/download/18.3ab3bb5417e137738649a956/1642436183134/rapport-2021-20-atgardsprogram-for-havsmiljon-2022-2027-enligt-havsmiljoforordningen.pdf