European Communities (Marine Strategy Framework) (Amendment) Regulations 2018 (S.I. No. 648 of 2018)

STATUTORY INSTRUMENTS. S.I. No. 648 of 2018 ———————— EUROPEAN COMMUNITIES (MARINE STRATEGY FRAMEWORK) (AMENDMENT) REGULATIONS 2018 2 [648] S.I. No. 648 of 2018 EUROPEAN COMMUNITIES (MARINE STRATEGY FRAMEWORK) (AMENDMENT) REGULATIONS 2018 I, EOGHAN MURPHY, Minister for Housing, Planning and Local Govern ment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 20081 as amended by Commission Directive (EU) 2017/845 of 17 May 20172, hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Marine Strategy Framework) (Amendment) Regulations 2018. 2. These Regulations come into operation on 7 December 2018. 3. The European Communities (Marine Strategy Framework) Regulations 2011 (S.I. No. 249 of 2011) are amended— (a) in Regulation 2, by the substitution of the following definition for the definition of Directive: “ ‘Directive 2008/56/EC’ means Directive 2008/56/EC of the European Parliament and of the Council of 17 June 20081 as amended by Com mission Directive (EU) 2017/845 of 17 May 20172;”, and (b) by the substitution of the following Schedule for Schedule 1: 1OJ No. L164, 25.6.2008, p. 19 2OJ No. L125, 18.5.2017, p.27 Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 15th January, 2019. [648] 3 “SCHEDULE 1 Regulation 8 Indicative lists of ecosystem elements, anthropogenic pressures and human activities relevant to the marine waters Table 1 Structure, functions and processes of marine ecosystems Theme Ecosystem elements Possible parameters and Relevant characteristics (Note 1) qualitative descriptors laid down in SCHEDULE 2 (Notes 2 and 3) (1) (2) (3) (4) Species Species groups (Note Spatial and temporal variation per (1); (3) 4) of marine birds, species or population: mammals, reptiles, fish and cephalopods - distribution, abundance and/or of the marine region biomass or subregion size, age and sex structure fecundity, survival and mortality/injury rates behaviour including movement and migration habitat for the species (extent, suitability) Species composition of the group Habitats Broad habitat types Per habitat type: (1); (6) of the water column (pelagic) and seabed - habitat distribution and extent (benthic) (Note 5), or (and volume, if appropriate) other habitat types, including their - species composition, abundance associated biological and/or biomass (spatial and communities temporal variation) throughout the marine region or - size and age structure of species subregion (if appropriate) physical, hydrological and chemical characteristics Additionally for pelagic habitats: chlorophyll a concentration plankton bloom frequencies and spatial extent 4 [648] Theme Ecosystem elements Possible parameters and Relevant characteristics (Note 1) qualitative descriptors laid down in SCHEDULE 2 (Notes 2 and 3) (1) (2) (3) (4) Ecosystems, Ecosystem structure, Spatial and temporal variation in: (1); (4) including functions and food webs processes, comprising: - temperature and ice physical and - hydrology (wave and current hydrological regimes; upwelling, mixing, characteristics residence time, freshwater input; sea level) chemical characteristics - bathymetry biological - turbidity (silt/sediment loads), characteristics transparency, sound functions and - seabed substrate and morphology processes salinity, nutrients (N, P), organic carbon, dissolved gases (pCO2, O2) and pH links between habitats and species of marine birds, mammals, reptiles, fish and cephalopods pelagic-benthic community structure productivity Notes related to Table 1 Note 1: An indicative list of relevant parameters and characteristics for species, habitats and ecosystems is given, reflecting parameters affected by the pressures referred to in Table 2 and of relevance to criteria laid down in accordance with Regulation 9(3). The particular parameters and characteristics to be used for monitoring and assessment should be determined in accordance with these Regulations. Note 2: The numbers in this column (column (4)) refer to the respective numbered points in Schedule 2. Note 3: Only the qualitative descriptors (1), (3), (4) and (6) which have criteria laid down in accordance with Regulation 9(3) are listed in Table 1. All other, pressure-based, qualitative descriptors under Schedule 2 may be relevant for each theme. Note 4: These species groups are further specified in Part II of the Annex to Commission Decision (EU) 2017/848 of 17 May 20173 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitor ing and assessment, and repealing Decision 2010/477/EU. Note 5: These broad habitat types are further specified in Part II of the Annex to Commission Decision (EU) 2017/848 of 17 May 20173. 3OJ No. L125, 18.5.2017, p. 43 [648] 5 Table 2 Anthropogenic pressures, uses and human activities in or affecting the marine environment 2a. Anthropogenic pressures on the marine environment Theme Pressure (Note 1) Possible parameters Relevant qualitative descriptors laid down in Schedule 2 (Notes 2 and 3) (1) (2) (3) (4) Biological Input or spread of non-indigenous Intensity of, and (2) species spatial and temporal variation in, the Input of microbial pathogens pressure in the marine envrionmentInput of genetically modified and, where relevant,species and translocation of native at sourcespecies Loss of, or change to, natural For assessment of biological communities due to environmental cultivation of animal or plant impacts of the species pressure, select relevant ecosystem Disturbance of species (e.g. where elements and they breed, rest and feed) due to parameters from human presence Table 1 Extraction of, or mortality/injury (3) to, wild species (by commercial and recreational fishing and other activities) Physical Physical disturbance to seabed (6); (7) (temporary or reversible) Physical loss (due to permanent change of seabed substrate or morphology and to extraction of seabed substrate) Changes to hydrological conditions Substances, Input of nutrients — diffuse (5) litter and sources, point sources, atmospheric energy deposition Input of organic matter — diffuse sources and point sources Input of other substances (e.g. (8); (9) synthetic substances, non-synthetic substances, radionuclides) — diffuse sources, point sources, atmospheric deposition, acute events Input of litter (solid waste matter, (10) including micro-sized litter) Input of anthropogenic sound (11) (impulsive, continuous) Input of other forms of energy (including electromagnetic fields, light and heat) Input of water — point sources (e.g. brine) 6 [648] 2b. Uses and human activities in or affecting the marine environment (only activities marked * are relevant for the purposes of Regulation 8(2)(c) Theme Activity Physical restructuring Land claim of rivers, coastline or Canalisation and other watercourse modificationsseabed (water management) Coastal defence and flood protection* Offshore structures (other than for oil/gas/renewables)* Restructuring of seabed morphology, including dredging and depositing of materials* Extraction of non- Extraction of minerals (rock, metal ores, gravel, sand, shell)* living resources Extraction of oil and gas, including infrastructure* Extraction of salt* Extraction of water* Production of energy Renewable energy generation (wind, wave and tidal power), including infrastructure* Non-renewable energy generation Transmission of electricity and communications (cables)* Extraction of living Fish and shellfish harvesting (professional, recreational)* resources Fish and shellfish processing* Marine plant harvesting* Hunting and collecting for other purposes* Cultivation of living Aquaculture — marine, including infrastructure* resources Aquaculture — freshwater Agriculture Forestry Transport Transport infrastructure* Transport — shipping* Transport — air Transport — land Urban and industrial Urban uses uses Industrial uses Waste treatment and disposal* Tourism and leisure Tourism and leisure infrastructure* Tourism and leisure activities* Security/defence Military operations (subject to Regulation 3(3)) Education and Research, survey and educational activities* research Notes related to Table 2 Note 1: Assessments of pressures should address their levels in the marine environment and, if appropriate, the rates of input (from land-based or atmospheric sources) to the marine environment. Note 2: The numbers in this column (column (4)) refer to the correspondingly numbered para graphs in Schedule 2. [648] 7 Note 3: Only pressure-based qualitative descriptors (2), (3), (5), (6), (7), (8), (9), (10) and (11), which have criteria laid down in accordance with Regulation 9(3), are listed in the part of Table 2 entitled “2a. Anthropogenic pressures on the marine environment”. All other qualitative descriptors under Schedule 2 may be relevant for each theme.”. GIVEN under my Official Seal, 19 December 2018. EOGHAN MURPHY, Minister for Housing Planning and Local Government. 8 [648] EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) This Statutory Instrument gives further effect to Directive 2008/56/EC of 17 June 2008 (Marine Strategy Framework Directive) as amended by Commission Directive (EU) 2017/845 of May 2017 which makes technical amendments to the Marine Strategy Framework Directive. 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