Member State report / Art9 / 2018 / D1-M / North East Atlantic

Report type Member State report to Commission
MSFD Article Art. 9 Determination of GES (and Art. 17 updates)
Report due 2018-10-15
GES Descriptor D1 Mammals
Region/subregion North East Atlantic
Reported by Member state
Member state
Sweden
Denmark
Germany
Netherlands
Belgium
France
United Kingdom
Ireland
Spain
Portugal
Member state report
Marine reporting units MRUs used
  • ANS-SE-SR-Nordsjon
  • DK-TOTAL-part-ANS
  • ANSDE_MS
  • ANS-NL-MS-1
  • L1.2
  • ANS-BE-MS-1
  • ABI-FR-MS-GDG
  • ACS-FR-MS-MC
  • ANS-FR-MS-MMN
  • ACS-IE-AA-001
  • ABI-ES-SD-NOR
  • ABI-ES-SD-SUD
  • AMA-ES-SD-CAN
  • ABI-PT-SD-CONT
  • AMA-PT-SD-AZO
  • AMA-PT-SD-MAD
Structure, functions and processes of marine ecosystems: Species All mammals
  • D1 (1)
  • D1C1 (1)
  • D1C2 (1)
  • D1C4 (1)
  • D1C5 (1)
  • D1C2 (1)
  • D1C3 (1)
  • D1C4 (1)
  • D1C5 (1)
  • D1.2 (3)
Structure, functions and processes of marine ecosystems: Species Baleen whales
  • D1.2 (2)
  • D1.2 (2)
  • D1C1 (1)
  • D1C2 (1)
  • D1C3 (1)
  • D1C4 (1)
  • D1C5 (1)
Structure, functions and processes of marine ecosystems: Species Deep-diving toothed cetaceans
  • D1.2 (1)
  • D1.2 (2)
  • D1C1 (1)
  • D1C2 (1)
  • D1C3 (1)
  • D1C4 (1)
  • D1C5 (1)
Structure, functions and processes of marine ecosystems: Species Small toothed cetaceans
  • D1C1 (1)
  • D1.2 (1)
  • D1C1 (1)
  • D1C2 (1)
  • D1C5 (2)
  • D1.2 (3)
  • D1C1 (1)
  • D1C2 (1)
  • D1C4 (1)
  • D1C5 (1)
  • D1.2 (2)
  • D1C1 (1)
  • D1C2 (1)
  • D1C3 (1)
  • D1C4 (1)
  • D1C5 (1)
Structure, functions and processes of marine ecosystems: Species Seals
  • D1C2 (1)
  • D1C3 (1)
  • D1C4 (1)
  • D1.2 (1)
  • D1C2 (1)
  • D1C3 (2)
  • D1C5 (2)
  • D1.2 (2)
  • D1C1 (1)
  • D1C2 (1)
  • D1C4 (1)
  • D1C5 (1)
  • D1.2 (1)
GES description D1 Mammals
The GES for D1 is defined, inter alia, as:
... the coastal waters in accordance with the Water Framework Directive are in good environmental status and in good chemical status.
... the habitat types of Annex I (habitat type 11) of the Habitats Directive that are relevant to the North Sea are in a favourable conservation status.
... the species of Annex II to the Habitats Directive that are relevant for the North Sea, as well as species of the Birds Directive that are relevant for the North Sea, are in favourable conservation status due to the quality of their feeding grounds.
... the species, species groups and habitats listed in the Wadden Sea Plan are in good condition.
... the objectives of conventions specific to single species or species groups (e.g. ASCOBANS, seaport)are met.
... the Ecological Quality Objectives (EcoQO), as defined by OSPAR, are met.

In order to determine the good environmental status for D1-marine mammals, the following criteria are used as set out in Commission Decision (EU) 2017/848: D1C1, D1C2, D1C3, D1C4, D1C5. Assessment for criterion D1C1 was not possible at present.


Explanation: Germany does not update the general description of good environmental status (GES) from 2012 at descriptor level in this reporting exercise. Over the reporting period, Germany has worked with the North Seas countries in the framework of the EU's MSFD process and in OSPAR to develop methodological standards (indicators, evaluation procedures). Specific aspects of criteria and indicators that contribute to a quantitative assessment of good environmental status are reported in the reporting scheme Art. 8_GES. For the assessment of the criteria set out in Commission Decision (EU) 2017/848, the relevant assessments under other EU directives are taken into account under Article 8_GES. Where possible, the regional assessments that have been coordinated so far are considered and complemented by national assessments on a case-by-case basis.
Biological diversity is conserved. The quality of habitats and their number, as well as the distribution and abundance of species are adapted to existing physiographic, geographic and climatic conditions (Directive 2008/56/EC).
D1C1: Incidental catches: The mortality rate per species from incidental by-catch is below levels which threaten the species, such that its long-term viability is ensured.

D1C2: The population abundance of the species is not adversely affected due to anthropogenic pressures, such that its long-term viability is ensured.

D1C3: The demographic characteristics of the population (e.g. size class or age class structure, sex ratio, fecundity and survival rates) of the species are indicative of a healthy population that is not adversely affected due to anthropogenic pressures.

D1C4: The range of the species and, where relevant, the pattern is consistent with the prevailing physiographic, geographic and climatic conditions.

D1C5: Habitat for the species has the length and condition necessary to sustain the different stages of its life cycle
D1C1- number of marine mammals caught is below the 1 % limit of
best estimate of abundance. For sperm rings, the mortality by collisions with
boats are close to zero.
D1C2 ? The size of the marine mammal population remains above the reference value (i.e. current) without an observed or estimated reduction of >


GES not determined at sub-regional level as laid down in Article 3 (5) (b) of the MSFD. In the Art.8 assessment it was considered that if the mortality rate associated with by-catch (D1C1) is less than 1,7 of the best stock estimate, and the abundance (D1C2), the distribution area (D1C4) and the habitat of the population (D1C5) have not decreased, the GES of the element is reached (assessment at the level of the species group was not considered appropriate as the same group of species has different ecological characteristics)
GES description D1C1 Mortality rate from incidental by-catch
D1C1 Dödligheten per art till följd av bifångst är på en nivå som inte hotar arten och dess långsiktiga livskraft.
God miljöstatus: När tröskelvärdet klaras i alla bedömningsområden.

D1C1 Mortality rate per species from by-catch is at levels that do not threaten the species and its long-term viability.
GES:When threshold value is achieved in all assessment areas.
Mortality per species from by-catch is below levels that threaten the species in the long term.
By-catch of harbour porpoises is less than 1 % of best available population estimate (ASCOBANS).
The environmental status under criterion D1C1 - the mortality rate per species from incidental by-catch is below levels which threaten the species, such that its long-term viability is ensured - is currently unknown within Ireland’s maritime area.
The number of marine mammals caught is < 1 % of the best estimate of abundance.

OBS: Without the survival rate of the persons released alive after incidental capture, only the rate of incidental catch and not the by-catch mortality rate in the subdivision of the Azores may be assessed.

It is proposed that the Commission consider including the ?collision mortality rate with vessels? in this criterion.

?For sperm cells, the mortality by ship?s collision with vessels is close to zero.?
GES description D1C2 Population abundance (1.2, 1.2.1)
D1C2 Populationer av arter av fåglar, däggdjur och fiskar är inte negativt påverkade av belastning från mänsklig verksamhet, och deras långsiktiga överlevnad är säkerställd.
God miljöstatus:
Fåglar:
God miljöstatus: När minst 75 % av arterna inom en artgrupp klarar sina artspecifika tröskelvärden.
För varje art bedöms om tröskelvärdet följs. Arterna bedöms inom var och en av de fem artgrupperna (ytfödosök, pelagiskt födosök, bentiskt födosök, betande födosök och vadare).
Sälar:
God miljöstatus: När tröskelvärdena för alla indikatorer för respektive art under alla relevanta kriterier klaras i bedömningsområdet.
Varje art bedöms utifrån det kriterium av D1C2, D1C3 och D1C4 som visar sämst status.
Fisk:
God miljöstatus: Kustfisk uppnår god miljöstatus när minst 90 % av bedömningsområdena uppnår de artspecifika tröskelvärdena. Demersala och pelagiska arter uppnår god miljöstatus när minst 90 % av arterna i respektive artgrupp uppnår sina artspecifika tröskelvärden.
Status bedöms separat för de tre artgrupperna kustfisk, demersal fisk och pelagisk fisk.

D1C2 Populations of birds, mammals and fish is not adversely affected due to anthropogenic pressures, and their long-term viability is ensured

GES:
Birds:When at least 75 % of the species within a species group achieve their species specific threshold values.
Seals: GES defined as: When the threshold values for all indicators of each species under relevant criteria are achieved in the assessment area. Each species is assessed on the basis of the criterion of D1C2, D1C3 and D1C4 which show the worst status.
Fish:Coastal fish species achieve GES when at least 90 % of the assessment areas reach the species specific threshold values. Demersal and pelagic species achieve GES when at least 90 % of the species in each species group achieve their threshold values. Status is assessed separately for the three species groups coasta fish, demersal fish and pelagic fish.
Good environmental density for population density is considered to correspond to favorable conservation status (favorable reference population) under the Habitats Directive.
The population of the grey seal (H1364), common seal (H1365) and harbour porpoise (H1351) must comply with the Habitats Directive favourable reference value for the size of the population (FRP).
The population density of the species is not affected by anthropogenic loads, so the long-term viability of the species is guaranteed.
Ireland has achieved Good Environmental Status within its maritime area under criterion D1C2 - the population abundance of the species is not adversely affected due to anthropogenic pressures, such that its long-term viability is ensured.
The size of the marine mammal population shall remain above the reference value, without a observed or estimated decrease ? 10 % over a period of 20 years.
GES description D1C3 Population demographic characteristics (1.3, 1.3.1)
D1C3 Populationerna av fåglar, däggdjur och fiskar har demografiska egenskaper (t.ex. storleksfördelning, näringsstatus och reproduktionsförmåga) som tyder på att de är friska och inte negativt påverkade av mänsklig verksamhet.
God miljöstatus: Se under D1C2.
D1C3 The demographic charcteristics (e.g. size structure, nutritional status and reproduction) of birds, mammals and fish indicate healthy populations which are not adversely affected due to anthropogenic pressures.
GES:See under D1C2
No decrease in pup production of the grey seal of more than 1 % since the last assessment phase and not more than 25 % decrease since 1992
The demographic characteristics of the population (eg body size or age structure, gender ratio, fertility and survival rates) of the species indicate a healthy population that is not harmed by anthropogenic pressures.
The survival rate of the population is not negatively affected by anthropogenic activities and their long-term viability is ensured.
GES description D1C4 Population distributional range and pattern (1.1, 1.1.1, 1.1.2, 1.1.3)
D1C4 Utbredning av arter överensstämmer med rådande geomorfologiska, geografiska och klimatiska villkor.
God miljöstatus: Se under D1C2

D1C4 The species distributional range is in line with prevailing physiographic, geographic and climatic conditions
GES: See under D1C2
Good environmental status for distribution area is considered to correspond to favorable conservation status (favorable reference range) under the Habitats Directive.
The distribution area and, if applicable, the distribution pattern of the species is in accordance with the prevailing physiographic, geographical and climatic conditions.
Ireland has achieved Good Environmental Status within its maritime area under criterion D1C4 - the species distributional range and, where relevant, pattern is in line with prevailing physiographic, geographic and climatic conditions.
Inadequate criterion for assessing GES in the subdivision of the Azores
GES description D1C5 Habitat for the species
Good environmental density for population density is considered to correspond to favorable conservation status (habitat for species) under the Habitats Directive.
Preservation of the size and quality of the home of the grey seal (H1364), common seal (H1365) and harbour porpoise (H1351) (HR)
The size and condition of the habitat of the species are suitable to support the different phases of the species life cycle.
Ireland has achieved Good Environmental Status within its maritime area under criterion D1C5 - the habitat for the species has the necessary extent and condition to support the different stages in the life history of the species.
Inadequate criterion for assessing GES in the subdivision of the Azores
Determination date
  • 2018-12 (D1C3, D1C1, D1C2, D1C4)
  • 2019-04 (D1C1, D1C5, D1, D1C4, D1C2)
  • 2018-10 (D1.2)
  • 2012-07 (D1C5)
  • 2018-07 (D1C3, D1C2, D1C1)
  • 2012-08 (D1C3, D1C2, D1C4)
  • 2018-09 (D1C5)
  • 2019-10 (D1.2)
  • 2020-06 (D1C5, D1C1, D1C2, D1C4)
  • 2019-06 (D1.2)
  • 2020-03 (D1C3, D1C1, D1.2, D1C5, D1C4, D1C2)
Update type
  • Modified from reported determination (D1C3, D1C2, D1C4)
  • New determination (D1C1)
  • Modified from reported determination (D1)
  • New determination (D1C5, D1C1, D1C2, D1C4)
  • Same as last reported determination (D1.2)
  • New determination (D1C3, D1C2, D1C1)
  • Same as last reported determination (D1C5)
  • Modified from reported determination (D1C4)
  • New determination (D1C5, D1C3, D1C2)
  • New determination (D1.2)
  • New determination (D1C5, D1C1, D1C2, D1C4)
  • Modified from reported determination (D1.2)
  • New determination (D1C3, D1C1, D1.2, D1C5, D1C4, D1C2)
Justification for non-use of criterion
D1C5: It is a secondary criterion and therefore not assessed for birds.
D1C3: The assessment does not include the primary criterion D1C3 [i.e. The population demographic characteristics of the species (e.g. body size or age class structure, sex ratio, fecundity, and survival rates) are indicative of a healthy population which is not adversely affected due to anthropogenic pressures]. This selection decision was based on International Council for the Exploration of the Sea (ICES) advice for a related criterion under Descriptor 3 – Populations of commercially- exploited fish and shellfish (D3C3). In this ICES concluded that until proof-of-concept has been validated, D3C3 could not be considered operational for MSFD assessment purposes; consequently, D1C3 is not considered operational for MSFD assessment purposes.
This ICES advice is available at:
https://www.ices.dk/[…]/eu.2017.07.pdf
D1.2: Continent: All the primary criteria have been considered in the assessment of Article 8. However, the lack of thresholds or methodologies defined at sub-regional level, and the lack of information for some species, made it impossible to use them in the assessment of GES.


D1C1: FishDemersalShellf


D1C3: Establishment of GES established at the level of the Macaronesian biogeographic region through the PROJECTS SEAS II for marine mammals, birds and sea turtles. For commercially-exploited fish and cephalopods, see D3C3.


D1C4: The species of megafauna of the waters of Macaronesia are highly migratory and present extensive distribution limits, which often extend to the coastal waters of several islands and ocean waters, to a scale greater than the biogeographical region. For these highly mobile, the area and the pattern of distribution are difficult to determine and quantify precisely. Establishing thresholds, benchmarks, measurable targets and interpreting trends in the distribution of these populations to assess GES appears unrealistic. D1C4 is considered unsuitable for assessing cetacean and sea turtles in Macaronesia, although monitoring of the distribution extension could be part of the surveillance of D1C2 (MISIC SERAS II consortium, 2018).


D1C5: The extent and quality of the Azores Sea habitat do not seem to limit the large fauna to GES but there are several species whose life cycle does not entirely follow in the subdivision of the Azores. An assessment of the habitat condition requires an appropriate mapping, either in distance to the coast or in depth, and an integrated understanding of the state of the associated communities and species. Additional efforts for a coherent classification of marine habitats, supported by an appropriate mapping, are essential for a habitat assessment, taking into account variations over the gradient of coast and depth (coastal, platform and deep-sea habitat). For these reasons and the explanation also presented for D1C4, this criterion was considered inadequate to assess GES in the subdivision of the Azores.
Justification for delay in setting EU/regional requirements
D1C1: All Swedish determinations of GES are implemented in a regulation (HVMFS 2012:18) issued from the Swedish Agency for Marine and Water Management. From the update made in 2018 only criteria supported with at least one indicator are included in the regulation.

Quantitative assessments are only available for one population of harbour porpoise in the Baltic Sea. For harbour porpoise in the Swedish parts of the North Sea the estimates of the population size is still too uncertain to use in relation to the proposed assessment values from Ospar, but a qualitative description is included in the assessment. For other groups and species it is still not possible to quantitatively assess the impact from bycatch. It is because basic information is missing to assess bycatch intensity with sufficient reliability. Lists of species to include are not available yet within Helcom or Ospar.


D1C3: All Swedish determinations of GES are implemented in a regulation (HVMFS 2012:18) issued from the Swedish Agency for Marine and Water Management. From the update made in 2018 only criteria supported with at least one indicator are included in the regulation. Furthermore, only indicators underpinned with a regular monitoring programme are included. Quantitative assessment for fish in the Baltic Sea are still not available. The reason is that it has not been possible to establish a threshold value for the length (L90) to the proposed indicator. As an alternative we have included a trend based indicator C.4.2 for size structure under Target C.4. For species assessed under D3 no assessment was made available from ICES, even if data exist.


D1C5: All Swedish determinations of GES are implemented in a regulation (HVMFS 2012:18) issued from the Swedish Agency for Marine and Water Management. From the update made in 2018 only criteria supported with at least one indicator are included in the regulation. Furthermore, only indicators underpinned with a regular monitoring programme are included.

The assessment of D1C5 is dependent on the relevant assessment under habitats directive but thresholds must be modified in order to fit the scope of MSFD, this could not be done so far due to lack of knowledge about the condition of relevant habitats.
D1C1: No mortality threshold per species has yet been set as a result of incidental by-catch at regional level. Only for porpoises is the by-catch threshold used by Marine Strategy I.


D1C2: Thresholds are set for several of the HELCOM species groups and for certain OSPAR groups. However, for most species, the thresholds must be in accordance with favourable reference population values established by the Member State under Directive 92/43/EEC. As these values do not correspond to those determined regionally, the assessment carried out under Article 17 of the Habitats Directive and Article 12 of the Birds Directive is used where possible.


D1C4: There are no threshold values but only trends for birds. For marine mammals, the state assessment for Article 17 of the Habitats Directive is reproduced.


D1C5: There is currently no regionally coordinated list of the by-catch of fish that is not used for commercial purposes. Thresholds for fish that are not exploited for commercial purposes have not yet been established
D1.2: During the reporting period, regional cooperation focused on the development of methodological standards to assess the various aspects of stress and resilience on the basis of Commission Decision 2010/477/EU. The OSPAR regional cooperation has failed to agree on thresholds for all indicators. Commission Decision (EU) 2017/848 establishes an obligation to agree on evaluation elements, thresholds and integration rules within the framework of the EU MSFD CIS process in regional cooperation. Germany is actively working with the North Sea littoral states in the framework of the EU MSFD CIS and OSPAR bodies, where a coordinated definition is still missing.
For harbour porpoises and seals (grey seal and seal), criteria D1C2, D1C3, D1C4 and D1C5 could be assessed under the Habitats Directive. For criterion D1C1, no assessment was possible at this point.
D1C2: Member States establish a set of representative species from each species group (Table 1 from EU 2017/848), which are selected according to the criteria in 'specifications for the selection of species and habitats' (EU 2017/848). This, as well as the establishment of threshold values for each species, is done through regional or sub-regional cooperation.


D1C3: For fish in development within OSPAR.


D1C4: Member States shall establish a set of representative species from each species group as listed in Table 1 (EU2017 / 848), selected in accordance with the criteria in 'Specification for species and habitats' specifications (EU 2017/848). This, as well as the setting of threshold values, is done through regional or sub-regional cooperation.


D1C5: Member States shall establish a set of representative species from each species group as listed in Table 1 (EU2017 / 848), selected in accordance with the criteria in 'Specification for species and habitats' specifications (EU 2017/848). This, as well as the setting of threshold values, is done through regional or sub-regional cooperation.
D1.2: No indicators are available for the assessment of Criterion D1C1 for seals, white beaked lagoon, bottlenose dolphin and minke whale. Criterion D1C5 could not be assessed for any marine mammal species during this evaluation due to the lack of adequate data on the habitats of the species evaluated. In some cases, such data do exist but require a significant research effort to define the favourable habitat for each of the species assessed and to develop robust indicators of changes in their ranges. Nevertheless, this limit could be exceeded for the next cycle. The methodological standards relating to criteria D1C1, D1C4 and D1C5 for marine mammals will be specified following additional studies, as provided for in Ministerial Order 2019 on the definition of good environmental status of marine waters.



D1.2: No indicators are available for the assessment of criterion D1C1 for 6 mammalian species. Criteria D1C2 and D1C4 could not be provided for harbour porpoises and dolphins due to lack of data, as was D1C2 for fin whales. Criterion D1C5 was not provided for any mammal species in this assessment due to the lack of adequate data on the habitats of the species assessed. In some cases, these data do exist but require a significant research effort to define favourable habitat for each of the species assessed and to develop robust indicators of changes in their range. This limit may be exceeded for the next cycle. The methodological standards relating to criteria D1C1, D1C2, D1C4 and D1C5 for marine mammals will be specified following additional studies, as provided for in Ministerial Order 2019 on the definition of good environmental status of marine waters.



D1.2: No indicators are available for the assessment of criterion D1C1 for seals and bottlenose dolphins. Criteria D1C2 and D1C4 could not be completed for harbour porpoises and common dolphins due to lack of data. Criterion D1C5 could not be completed for any marine mammal species in this assessment due to the lack of adequate data on the habitats of the species assessed. Sometimes, these data exist but require a significant research effort to define the favourable habitat for each of the assessed species and to develop robust indicators informing about changes in their ranges Nevertheless, this limit could be exceeded for the next cycle. The methodological standards relating to criteria D1C1, D1C2, D1C4 and D1C5 for marine mammals will be specified following additional studies, as provided for in Ministerial Order 2019 on the definition of good environmental status of marine waters.
D1.2: The update of the definitions of BEA for the marine mammal group has been achieved at the criterion level and the recommendations of Commission Decision (EU) 2017/848 have been used.
D1.2: Mainland: lists of species representing each species group at risk of incidental catch not defined at sub-regional:coordenação with the authorities of Spain and France in Lower Thresholds for each species for the sub-region not estabelecidos:dados insufficient relative to pressure and populations