Member State report / Art9 / 2018 / D9 / 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 D9 Contaminants in seafood
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
  • 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-AA-CONT_AT
  • ABI-PT-AA-CONT_CT
  • ABI-PT-AA-CONT_D9BT1.1
  • ABI-PT-AA-CONT_D9BT1.2
  • ABI-PT-AA-CONT_ZEEA2
  • ABI-PT-AA-CONT_ZEEB2
  • ABI-PT-AA-CONT_ZEEC2
  • AMA-PT-SD-AZO
  • AMA-PT-SD-MAD
  • AMA-PT-SD-PCE
Anthropogenic pressures on the marine environment: Substances, litter and energy Input of other substances (e.g. synthetic substances, non-synthetic substances, radionuclides) - diffuse sources, point sources, atmospheric deposition, acute events
  • D9 (1)
  • D9C1 (1)
Pressure levels and impacts in marine environment: Chemical Contaminants - in seafood
  • D9C1 (1)
  • D9C1 (1)
  • D9 (1)
  • D9C1 (1)
  • D9C1 (3)
  • D9C1 (1)
  • D9 (3)
  • D9 (10)
GES description D9 Contaminants in seafood
Good environmental status for the descriptor 'contaminants in food' is achieved 'if the levels of certain contaminants in food do not exceed the maximum levels defined by the EU'

For the assessment of GES for D9, criterion D9C1 is used as set out in Commission Decision (EU) 2017/848.

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 shall be taken into account under Article 8_GES, taking into account, as far as possible, the regional assessments that have been coordinated so far and, on a case-by-case basis, supplemented by national assessments.
Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards..
LEVEL OF INTEGRATION 1: Pollutant vs species
* 1a: Ratios of indicators (number of individuals of one species and site) that should be below threshold value to decide whether the BEA is/are met. Threshold value (V-1a): 95 % (frequency of individuals of a species/site presenting concentrations for each standard pollutant under the CMP).
* 1b: Total contaminants vs. species Proportions of indicators (no. of contaminants/species) that meet the EAB at integration level 1a to decide whether or not the EAB is met at integration level 1b. Threshold value (VU-1b) of n < 2, where n is the number of legislated pollutants not complying with the EAB for a given species. A species that exceeds the CMP for two pollutants would not comply with the BEA. BEA: >66.6% of the legislated contaminants do not exceed their respective CMP in fish, crustaceans, cephalopods and algae: proposed VU-1b = 70%. >75% of the legislated contaminants do not exceed their respective PMC in bivalve mollusks: proposed VU-1b = 80%.

*INTEGRATION LEVEL 2: Total species vs. category (taxonomic group(s) legislated).
 Proportion of indicators (no. of species/taxonomic group legislated) complying with the BEA at integration level 1b, to decide whether or not the BEA is complied with at integration level 2. Threshold value (VU-2): 95% (frequency of species/taxonomic group legislated complying with the BEA). In each MD, the number of species per taxonomic group legislated for human consumption differs.
OAB: >95% of the % of fish species comply with the OAB according to integration level 1b. >95% of the % of crustacean species comply with the OAB according to integration level 1b. >95% of the % of bivalve species comply with the OAB according to integration level 1b. >95% of the % of cephalopod species comply with the OAB according to integration level 1b. >95% of the % of algae species comply with the OAB according to integration level 1b.

INTEGRATION LEVEL 3: Total species by categories vs. demarcation. Proportions of indicators (total of species integrated by categories taxonomic group) in the demarcation), which comply with the BEA at integration level 2, to decide whether or not the BEA is complied with at integration level 3. Threshold value (VU-3): 95%.

Each one of the five categories evaluated at integration level 2 contributes 20% to the determination of the EAB for all the demarcations. Same weighting for each category, under review.

GES not determined at sub-regional level as laid down in Article 3 (5) (b) of the MSFD. Assessment under Art. 8 based on the level of risk, considering that the level of risk is low and GES is achieved.


GES not determined at sub-regional level as laid down in Article 3 (5) (b) of the MSFD. In the framework of the Article 8 assessment it was considered that GES will be reached if less than 10 % of the samples do not present concentrations for contaminants exceeding the values set by Regulation (EC) No 1881/2006 19 December and Regulation (EC) No 629/2008 (EC) on 2 July in the assessment area. Since the data set for evaluation was considered insufficient, GES was considered unknown for the subdivision of the Azores.


GES not determined at sub-regional level under Art. 3 MSFD. In the framework of the evaluation of Article 8 it was considered that if less than 10 % of the samples did not present concentrations of contaminants exceeding the values laid down by Regulation (EC) No 1881/2006 in the assessment area, GES is achieved.


The level of contaminants in edible tissues (muscle, liver, eggs, meat or other soft parts, where appropriate) of marine organisms (including fish, crustaceans, molluscs, echinoderms, algae and other marine plants) caught or harvested in the wild (except finfish from mariculture) is not higher than the maximum levels laid down in Regulation (EC) No
1881/2006.
GES description D9C1 Contaminants in seafood (9.1, 9.1.1)
D9C1 The level of contaminants in edible tissues of seafood caught or harvested in the wild (excluding fin-fish from mariculture) does not exceed the maximum levels laid down in Regulation (EC) No 1881/2006 or levels established through regional or subregional cooperation. GES: When the threshold values are achieved for all substances and all species in the management areas.
There are no significant violations of the MRLs applicable at all times in the food law for seafood for human consumption
The levels of pollutants (including PAHs, dioxins and heavy metals) in fish and fishery products from the North Sea do not exceed the maximum levels set in the EU Regulation 1881/2006.
The level of contaminants in edible tissues (muscles, liver, roe, meat or other soft pieces, as appropriate) of fishery products (including fish, crustaceans, molluscs, echinoderms, seaweeds and other marine plants) caught or harvested in nature (with the exception of fish from the mariculture) is not higher than the values laid down in the Regulations.
The level of contaminants in edible tissues (muscle, liver, eggs, flesh or other soft tissues, as appropriate) of seafood (fish, crustaceans, molluscs, echinoderms, algae and other marine plants) caught or collected from the natural environment (excluding finfish from mariculture) does not exceed the threshold values (Decision 2017/848/EU).
Ireland has achieved Good Environmental Status within its maritime area for Criterion D9C1 - The level of contaminants in edible tissues of seafood caught or harvested in the wild (excluding fin-fish from mariculture) does not exceed maximum limits listed in EU Regulation 1881/2006.
Determination date
  • 2018-12 (D9C1)
  • 2019-04 (D9C1)
  • 2018-10 (D9)
  • 2018-07 (D9C1)
  • 2012-08 (D9)
  • 2018-09 (D9C1)
  • 2019-10 (D9C1)
  • 2020-06 (D9C1)
  • 2019-06 (D9)
  • 2012-10 (D9)
  • 2020-03 (D9)
Update type
  • Modified from reported determination (D9C1)
  • New determination (D9C1)
  • Same as last reported determination (D9)
  • New determination (D9C1)
  • Modified from reported determination (D9C1)
  • Same as last reported determination (D9)
  • New determination (D9C1)
  • Modified from reported determination (D9C1)
  • Same as last reported determination (D9)
  • Modified from reported determination (D9)
  • New determination (D9)
  • Same as last reported determination (D9)
Justification for non-use of criterion
D9: MRUs: ABI-TA-AUTE_ZEEA2, ZZEB2, ZZEC2 and AMA-PT-DEC-: Criterion D9C1 not assessed. Assessment based on low risk.
Justification for delay in setting EU/regional requirements
D9C1: A list of species and relevant tissues to be assessed has not been established, neither at a national level nor via regional or subregional level
D9: Regional cooperation in the reporting period focused on the development of methodological standards for assessing the various pressure and condition aspects based on Commission Decision 2010/477/EU. In the regional or subregional cooperation, within the framework of OSPAR, it has mostly not been possible to agree threshold values for these indicators in order to make (quantitative) statements about the state of the affected loads or the ecosystem components. Commission Decision (EU) 2017/848 results in an explicit obligation for the EU member states to agree assessment elements, threshold values and integration rules within the framework of the EU MSFD CIS process and through regional or subregional cooperation. Germany is actively working with the states bordering the North Sea, within the framework of the current work programmes of the EU MSFD CIS process and the OSPAR bodies, to establish them, where a coordinated definition is still missing.
D9C1: None
D9: List of species and tissues to be analysed not at sub-regional level: Coordination with Spain and France in progress.